SHERATON HOTEL AND TOWERS — REGARDING AUTHENTICATION OF OFFER OF EMPLOYMENT AND AGREEMENT OF CONTRACT OF SERVICE
BBHUPENDRA KUMAR TIWARI
Refer to above mentioned, I have recieved an offer of employment from above mentioned company that i have been selected for the designation of Front Office Manager. They will pay me USD: $15,150.00 per month (or Euros equivalent depending on home country and currency preference).
I am sending you copy of Offer of Employment and AGREEMENT for CONTRACT of SERVICES as pasted below.
You are requested to guide me about the matter and also investigate about the offer of employment and agreement of contract as I felt this is a fake .
Thanks & regards
Bhupendra Kumar Tiwari
Offer of Employment
SHERATON HOTEL AND TOWERS
Address: SHERATON HOTEL AND TOWERS, 301 Degema Street.
P.M.B 8974, Abuja Nigeria.
Web site: www.sheraton-ng.com
JOB REF: ARI 14/0769 Date: 25 / 10/ 2007
DEAR BHUPENDRA KUMAR TIWARI,
We are pleased to offer you a position with SHERATON HOTEL AND TOWERS. Your start date, compensation, benefits, and other terms of employment will be as set forth below and on EXHIBIT A
TERMS OF EMPLOYMENT
1. Position and Duties: HOTEL shall employ you, and you agree to competently and professionally perform such duties as are customarily the responsibility of the position as set forth in the job description.
2. Outside Business Activities: During your employment with HOTEL, you shall devote competent energies, interests, and abilities to the performance of your duties under this Agreement. During the term of this Agreement, you shall not, without HOTEL prior written consent, render any services to others for compensation or engage or participate, actively or passively, in any other business activities that would interfere with the performance of your duties hereunder or compete with HOTEL business.
3. Employment Classification: You shall be a contract Employee and shall be entitled to benefits as specifically outlined herein.
4. Benefits: You will also receive HOTEL standard employee benefits package (including health insurance), and will be subject to HOTEL vacation policy as such package and policy are in effect from time to time.
4.1 Death Benefits: Should Employee die during the term of employment, the HOTEL shall pay to Employee's estate any compensation due through the end of the month in which death occurred.
5. Authorization to work: Due to the second ministerial meeting between European Union (EU) and the Economic Community of West African States (ECOWAS) on terrorism which was held in Brussels on 12 October 2001. Where regulations adopted on Immigration Reform and Control Act, you will need to present documentation demonstrating that you have authorization to work in West Africa. This documents which include work permit and Resident permit will be obtain from the Nigerian Immigration Service in Nigerian
6. Severability: If any of the provisions of this Agreement are determined to be invalid, illegal, or unenforceable, such provisions shall be modified to the minimum extent necessary to make such provisions enforceable, and the remaining provisions shall continue in full force and effect to the extent the economic benefits conferred upon the parties by this Agreement remain substantially unimpaired.
DESIGNATION: FRONT OFFICE MANAGER
SALARY: USD: $15,150.00 per month (or Euros equivalent depending on home country and currency preference)
JOB LOCATION: FCT ABUJA NIGERIA.
RESUME WORK DAY: 1st DECEMBER 2007
WORKING PERIOD: The Contract period is for one years and it can be renewed after one years contract period, and you will be working from Monday till Friday From 9am – 4pm.
New employed and recruited for SHERATON HOTEL AND TOWERS (And not presently possessing a valid ECOWAS Residence and Work Permits/Identification card) shall be expected to personally incur all expenses as shall be related to the processing, procurement and acquisition of their necessary permits clearance papers with the Nigerian Immigration Services and shall be duly reimbursed and will be substantiated with receipts and the employer will reimburse the
employee not later than Five (5) working days after submission of employee’s expense report and receipts.
You shall be required to furnish us with your valid ECOWAS residence, work permits and identification card on or before the 5nd of NOVEMBER, 2007 as a proof of readiness to join the SHERATON project team in the due time as stipulated above for your job resumption with the SHERATON in Nigeria and also to enable you receive your first monthly salary including your due entitlements/emoluments prior to your departure for services with the HOTEL in Nigeria.
However, for expatriate services employees who do not presently posses their valid Nigeria residence and Work Permits papers, they are to make contact with the address given below for directives and assistance on the acquisition and procurement of their Nigerian valid residence and work permits papers with the Nigerian Immigration Services here in Nigeria.
Nigerian Immigration Services,
2nd Floor, Fed. Secrétariat Complex,
Owerri, Imo State, NIGERIA.
Our Ref: Str/Twp-nisng05-07
Contact Person: Dr. Mike Ademola
Designation: VISA / African Affairs/ Aliens Registration
Note: All Nigerian based employees' are to report personally to our office with identification materials for signing and collection of hard copy of their contract documents. This is in line with the expatriate statuary law of the Federal Republic of Nigeria in compliance with the U.N. Terrorism Act. Find attached for other necessary related details of job.
Congratulations on your success and we look forward to your arrival and we hope be the start of mutually satisfying work relationship.
MR. MOHAMMED ABDUL
HEAD, EXP. EMPLOYEE RELATIONS
SHERATON HOTEL AND RESORT
CC: General Manager,
Expatriate Technical Support Services,
AGREEMENT for CONTRACT of SERVICES
FOR CARRYING OUT EXPATRIATE TECHNICAL SUPPORT SERVICES PROVISION IN THE FEDERAL SHERATON HOTEL AND TOWERS ABUJA IN NIGERIA
THIS AGREEMENT is made this 25th day of OCTOBER 2007
SHERATON HOTEL AND TOWERS
BHUPENDRA KUMAR TIWARI
This is an agreement between SHERATON and its Prospective Employee (Contractor) and therefore transcends and supersedes any written document whatsoever that is in relation or contradiction with this Terms of Agreement.
2. NOW THEREFORE IT IS AGREED AS FOLLOWS:
The Contractor shall provide the following services to the SHERATON HOTEL AND RESORT. at the PLACE/DEPARTMENT for the period commencing DATE and ending DATE:
(a) Interpreting , Investigating / Observing / Searching , Problem Solving / designing , Reviewing / Evaluating , Influencing / Advising , Informing / Discussing / Interviewing
In providing these services, the Contractor shall liase, maintain good relations with the staff of the SHERATON HOTEL AND RESORT and consult with the staff on matters relevant to their responsibilities.
SHERATON shall pay by the end of the month on satisfactory performance of the services of appropriate monthly the sum o[censored]SD15, 150.00 to the Contractor. The SHERATON sum for this contract is $15,150. Euros equivalent depending on employee’s home country (excluding allowances).
The employee will be reimbursed by the employer for reasonable moving expense incurred only as a result of relocation, procurement of travel documents (flight tickets), immunizations etc
Reimbursements of all expenses shall be made before employee embarks on his journey.
SHERATON shall provide the necessary equipment, supplies, free medical care, insurance Policy, and access to the HOTEL, efficient security system, transportation, email system for the Contractor’s use while undertaking the services described in Clause 2.
The HOTEL is under obligation to renew the Agreement or offer a new Agreement to the Contractor upon expiry of this Agreement. The Contractor shall make himself/herself available for consultation by the HOTEL at reasonable times.
The Contractor shall prepare monthly reports of his/her activities if required by the HOTEL.
Employer for each intercontinental trip shall pay $7,000.00 flat rate travel/entertainment allowance to employee. Travel shall be by business class/first class. However for the purpose of commencement, the cost of travel ticket shall be paid in addition to travel/entertainment allowance.
Employer shall also take care of employees' travel ticket including that of employees' family only on employees' early notification to employer and as shall be requested by employee.
Adequate private office space in a conducive and comfortable work environment shall be provided for employee
Employee will obtain Nigerian Valid papers documents from Nigerian Immigration service on their expenses to show their readiness, preparedness, and willingness and later be reimbursed before embarking on Nigeria.
2.13 No modification or variation of this Agreement or any of its terms and conditions shall be made unless.
2.14 Neither party shall be agreed to in writing in advance by both the Contractor and HOTEL liable to the other for any failure to perform this Agreement due to frustration of it by any cause beyond either party’s control including any act of Government such as a change in legislation, regulation, or order under any legislative authority.
2.14 The Contractor shall provide the services described in Clause 2.1 to the standard, which the HOTEL expects.
2.15 Except where the contractor already holds professional indemnity insurance, the HOTEL will arrange such cover for the contractor in respect of the contractor’s performance hereunder. The contractor shall give the HOTEL immediate notice in writing to HR Strategy Manager, Human Resources Division,
P O Box 456, Lagos of:
(a) Any claim made against the contractor;
(b) The receipt of notice from any person of any intention to hold the contractor responsible for the results of an alleged negligent act, error or omission
(c) Any circumstance of which the contractor shall become aware which may give rise to a claim or claims under the insurance policy.
The contractor shall be solely liable for any consequences of the contractor’s failure to give notice as required by this clause. The obligation to notify applies regardless of the apparent extent of any potential liability.
(d) (Delete what does not apply)
(2) The contractor does hold professional indemnity insurance, OR
(ii) The contractor does not hold professional indemnity insurance.
2.16 The Contractor shall keep a record of his/her hours of work and the HOTEL is entitled to access that record promptly on request.
2.17 The Contractor shall be obliged to act professionally, honestly, diligently and with due care in performing the services under this Agreement.
2.18 T he Contractor shall comply with all statutory obligations including the Privacy Act, the Health Information Privacy Code and the Health and Safety in Employment Act.
2.19 The Contractor shall perform the services personally and may not delegate or assign either this Agreement or the performance of the services without the express prior approval of the HOTEL in writing.
2.20 The Contractor shall comply with the HOTEL policies, which may be from time to time in force.
2.21 The Contractor shall not accept any remuneration from any other source for services of the same nature as those provided under this Agreement without the express prior approval of the HOTEL.
3.1 The Contractor acknowledges that in the course of providing the services to the HOTEL he/she will acquire confidential information, including any information relating to:
(I) Personal information of any of the employees, and
(ii) The business practices, techniques or methods of operation of the HOTEL.
3.2 The Contractor shall not during the term of this Agreement or at any time thereafter divulge to any person any such confidential information except in the proper course of his/her duties or use or attempt to use any such confidential information in any manner which may injure or cause loss either directly or indirectly to the HOTEL or its business or may be likely to do so.
3.3 On the expiry or earlier termination of this agreement the Contractor shall return to the HOTEL forthwith any books, records, papers, or other property in his/her possession belonging to the HOTEL.
4. Confirmed Employees:
4.1 Confirmed employees are those employee’s that have obtained from the Economic Community of West African Countries (ECOWAS), the regional body, of their residential permit/ identification card via the Nigerian Immigration Services fully endorse and approved by Federal Ministry of Internal Affairs as herein and previously stated.
5.1 The Contractor shall not make (and shall procure that his/her/its employees, contractors and agents do not make) any press or other public announcement concerning any aspect of this agreement, or make any use of the name of the HOTEL or any of its employees, contractors or agents in any publication or otherwise in connection with this agreement, without the prior written consent of the HOTEL.
6. TERMINATION OF AGREEMENT:
6.1 The HOTEL may terminate this agreement by giving one month’s written notice in any of the following circumstances:
(i) The Contractor dies or becomes unable to perform their duties due to illness of incapacity;
(ii) The Contractor is convicted of an offence, which affects the performance of his/her duties;
(iii) The Contractor acts in a way which the HOTEL considers materially prejudicial to its business or reputation or interests of its members;
(iv)The Contractor fails to perform the services expeditiously, with reasonable diligence and in a competent manner;
(v) The Contractor commits or permits any breach of the terms of this agreement and fails to remedy the breach within 14 days of receiving notice in writing from the HOTEL requiring the breach to be remedied;
(vi)The Contractor commits any breach of Clause 3.2 whether such breach is committed intentionally or not;
(vii) The Contractor commits an act of bankruptcy or makes or enters into any arrangement.
6.2 The Contractor may terminate this agreement by giving one month’s written notice to the HOTEL.
6.3 Where this agreement is terminated by notice by the Contractor or the HOTEL, the HOTEL shall have the option of electing that the Contractor ceases providing the services immediately or at any time during the notice period without affecting the HOTEL obligation to continue paying the Contractor’s remuneration until expiry of the notice period.
7 OTHER BENEFITS:
7.1 Quality single or family housing in company community/ estate and Local transportation: Shall be fully provided for employee and family by employer.
7.2 Personal effects shipment and excess baggage allowances.
7.3 Free medical care in Nigeria for you and your family for contract duration.
7.4 Excellent educational assistance benefits with family status contracts.
7.5 Maximum and efficient security both in work place and housing Community.
7.6 Computer resources: Laptop Computer, 1.6 GHz Processor, 256 MB RAM, 24XCD-RW, 30GB Hard Drive, Floppy Drive, Integrated Network Adapter, Internal 56K Modem, Spare Battery and Necessary Software. Full time Internet access is also made available
8. THE AGREEMENT:
8.1 This agreement supersedes and replaces all previous contracts, written and verbal, between the parties and constitutes the entire agreement between the parties.
8.2 Neither party may assign their obligations nor rights under this agreement to any other person in any circumstances whatsoever except with the prior written consent of the other party.
8.3 No waiver of any breach of this agreement shall be deemed to be a waiver of any other or subsequent breach. The failure of either party to enforce any provision of this agreement at any time shall not be interpreted as a waiver of the provision.
8.4 This Agreement shall be construed in accordance with the laws of The FEDERAL REPUBLIC OF NIGERIA. A single arbitrator agreed upon by the parties shall decide any dispute between the parties arising out of this agreement.
Signed by the Contractor: Date:…../…../…….
Signed for and on behalf of
SHERATON HOTEL AND TOWERS
By the HR Divisional Manager:
Mr. Gabriel Kumasi
In the presence of:
Bar. Richard Onyemachi. Date: 25/10/2007
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