Employment Agreement (Portugal) by Seedsummit

EMPLOYMENT AGREEMENT

In [signing place], on [effective date].

PARTIES

Between,

[employer name], incorporated under the [employer incorporation jurisdiction] law, with registered office at [employer address], registered with the Tax Authorities and the Commercial Registry Office of [employer registration jurisdiction] under the number [employer registration number], herein represented by [employer representative name], in his/her capacity as [employer representative title], hereinafter referred to as the “Employer” or the “Company”.

and

[employee name], bearer of the citizen card/passport number [employee id number] valid until [employee id expiry date] issued by [employee id issuer], taxpayer number [employee tax number], with address at [employee address], hereinafter referred to as the “Employee”.

The members of this Agreement are collectively referred to as the “Parties” and/or each of them individually as the “Party”.

The Parties hereby agree to the terms and provisions of this Employment Agreement (the “Agreement”) as follows:

CLAUSES

Job Title and Duties

The Employer hires the Employee, and the latter accepts it, to exercise, under his authority and direction, the position of [job title].

The Employee will be responsible for the duties related to the position of [job title].

Description of duties may be included in this clause.

The Employee may be responsible for other duties as may be assigned and may arise from time to time, as long as the duties do not imply a substantial change in his/her position.

Compensation

For the services performed by the Employee under the terms of this Agreement, the Employee will be paid the annual amount of [annual compensation].

The compensation will be paid in [payment months] months.

(The compensation includes meal allowance of [daily meal allowance] daily).

Place of Work

The Employee shall carry out his duties as [job title] on [work location].

Working time

The Employee is expected to work within the following schedule: [days per week] [hours per week / day].

Starting Date

The starting date of this Agreement is [start date].

Probationary Period

The Employee will be subject to a probationary period (“Probationary Period”) of [probation period] days. During the Probationary Period, the Employer may, in its absolute discretion, terminate this Agreement, without assigning any reasons and without notice or cause.

Vacation & Holidays

The Employee is entitled, for each consecutive 12 (twelve) months of employment, to [annual vacation days] business days of vacation.

Additionally, the Employee is entitled to days off on Portuguese National Holidays and Holidays of the Municipality of [municipality] as fixed by the relevant authorities in Portugal.

Confidentiality

The Employee shall not at any time (both during his employment hereunder and [confidentiality period] years after termination hereof) disclose or communicate to any person, legal or natural, or use for his own benefit or the benefit of any person, legal or natural, any confidential information concerning the business activities, affairs or conduct of the Employer, its affiliates, its staff, business partners or any similar matters which may come to his/her knowledge in the course of his/her employment (the “Confidential Information”) and shall during the continuance of the employment use his best endeavors to prevent any unauthorized publication or misuse of any confidential information.

All Confidential Information which shall be acquired, received or made by the Employee during the course of this Agreement or prior to the date of this Agreement shall be the property of the Employer and shall be surrendered promptly by the Employee to someone duly authorized at the termination of the Employee’s employment or at the request of the Employer during the course his/her employment or at any time thereafter.

Non-Compete

By signing this Agreement, the Employee agrees that during the employment with the Employer he/she shall not render services for any third party or for his personal account that may cause a conflict with the duties performed under this Agreement.

Internal Rules of Procedure

The Employee undertakes to comply with the internal regulations and procedures in force in the Employer.

Personal Data

The Employer shall process the Employee’s personal data for the purpose of managing the employment relationship.

Personal data will be used for full compliance with the Employee’s contractual and legal obligations.

The Employer will keep the Employee's personal data for as long as necessary, with a maximum limit of one year after termination of the contract, without prejudice to the document retention periods imposed by legal provisions, after termination of the employment relationship or for a longer period in cases specifically provided for by applicable law.

The Employee is informed that he/she has the right to access its personal data, as well as its rectification or erasure.

The Employee is also informed that he/she has the right to form a complaint to the National Commission for Data Protection (Comissão Nacional de Proteção de Dados).

The Employee hereby acknowledges the existence of his/her right to withdraw consent at any time, without compromising the lawfulness of the processing carried out, when the processing is based exclusively on consent previously given.

Termination

Events of Termination:

This Agreement may be terminated at any time by mutual agreement.

This Agreement may be terminated by the Employee:

By means of a written notice served by the Employee at least [employee notice period] days; or

At any time with the ground set forth in article 394 of the Portuguese Labor Code (Código do Trabalho).

This Agreement may be terminated by the Employer:

By means of a written notice served by the Employer at least [employer notice period] days; or

At any time with the grounds set forth in articles 351, 359, 367 and 373 of the Portuguese Labor Code (Código do Trabalho).

Governing Law and Jurisdiction

This Agreement and actions taken hereunder shall be governed by, and construed in accordance with the laws of Portugal, applied without regard to conflict of law principles.

The courts located in Portugal have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement.

Each party consents to the personal jurisdiction and venue of these courts.

Modification and Waiver

No provision of this Agreement may be amended or modified unless the amendment or modification is agreed to in writing and signed by the Parties.

No waiver by either party of any breach of any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either party in exercising any right, power, or privilege under this Agreement operate as a waiver to preclude any other or further exercise of any right, power, or privilege.

The Parties declare that they agree to be bound, without reservation, by the provisions of this Agreement, and that they undertake to fully comply with the obligations arising from this Agreement.

In [signing place], on [effective date].

For and on behalf of the Employer,

_______________________________

The Employee,

_______________________________