{"id":39749,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/employment-contract-accenture-s-l-and-carlos-vidal-amador-de.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"employment-contract-accenture-s-l-and-carlos-vidal-amador-de","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/employment-contract-accenture-s-l-and-carlos-vidal-amador-de.html","title":{"rendered":"Employment Contract &#8211; Accenture S.L. and Carlos Vidal Amador de los Rios"},"content":{"rendered":"<pre>\nThe following Exhibit No. 10.10 constitutes a fair and accurate English\ntranslation of the original copy of this document.\n\n                                  \/s\/ Douglas G. Scrivner\n                                  --------------------------------\n                                  Douglas G. Scrivner\n                                  General Counsel and Secretary of Accenture Ltd\n\n\n                               EMPLOYMENT CONTRACT\n\nIn Madrid, on 30 March 2001\n\n                                     BETWEEN\n\nOf the first part, Mr Carlos Vidal Amador de los Rios, in his capacity as legal\nrepresentative of the company ACCENTURE S.L., (hereinafter \"The COMPANY\"), with\nregistered address in Pza Pablo Ruiz Picasso s\/n, Edificio Torre Picasso,\nMadrid, bearer of Fiscal Identification Number B-######## and registered with\nthe Social Security under number ##\/#########.\n\nAnd of the other part, Mr _______, of legal age, of Spanish nationality and\nresident in __________, bearer of National Identity Document Number ____________\n(hereinafter \"The EMPLOYEE\").\n\nBoth parties recognise each other's sufficient capacity to enter into this\npresent EMPLOYMENT CONTRACT.\n\n                                  THEY DECLARE\n\nI.- That The COMPANY is in the process of carrying out a global corporate\nrestructuring which affects the companies pertaining to the group on a\nworld-wide level and which, if implemented, would result in those employees who\nhave enjoyed the capacity as shareholders until the date thereof losing said\ncapacity.\n\nII.- That The EMPLOYEE has been working for The COMPANY or for any of the\ncompanies within the group since ______, having acquired the capacity as\nshareholder in _____.\n\nIII.- That it is in the mutual interest of both parties to regulate the\nemployment relationship which will exist between the same, entering into this\nemployment contract, in accordance with the following\n\n                                     CLAUSES\n\n\n\nONE.- The EMPLOYEE will provide his services to The COMPANY, at its Madrid\nworkplace, under the category of Manager, carrying out, inter alia, planning,\nco-ordination, supervision and monitoring duties regarding the work that is\ncarried out under his\/her management and in his\/her activity sector, over the\ngroup of employees assigned thereto and, more specifically, those duties in\nrelation to clients and the execution of consultancy agreements, as well as any\nother duties which, according to his\/her professional category may, at any given\ntime, be entrusted thereto.\n\nTWO.- The working day will average forty hours per week when calculated over a\none-year period, according to the corporate working calendar and respecting, in\nany event, any rest periods established on a legal or conventional basis. The\nholiday period will be thirty calendar days per year and the enjoyment thereof\nwill be mutually agreed with The COMPANY.\n\nTHREE.- This contract will have an indefinite term and will enter into force on\nthe day The EMPLOYEE, according to declaration number I above, within the\nframework of the global restructuring process, carries out a transfer of its\nstake in The COMPANY, thereby losing his capacity as shareholder hereof.\n\nFOUR.- The fixed annual remuneration to be paid to The EMPLOYEE for all\nconcepts, will amount to _________ gross pesetas on an annual basis. All the\nwage concepts set forth in the applicable Collective Bargaining Agreement are\nincluded in said remuneration. The remuneration will be reviewed on an annual\nbasis by mutual agreement between The EMPLOYEE and The COMPANY and, in the\nabsence of any agreement, the remuneration will be increased by the\ncorresponding CPI or any other Index that replaces the same.\n\nIn addition, The EMPLOYEE shall receive a variable and non-cumulative payment,\nin the form of a single annual bonus, the amount of which shall be determined\naccording to criteria that both parties shall agree upon in a written document\nwhich, once signed, shall form integral part of the present contract.\n\nThe EMPLOYEE shall receive payments in kind granted by The COMPANY, according to\nthe terms and conditions established in the policy of The COMPANY for the\nemployee groups of the same.\n\nFIVE.- The EMPLOYEE may not provide services, remunerated or otherwise, on his\nown behalf or on behalf of another, for the profit or benefit of himself or\nanother, that may coincide with the activity of The COMPANY or with any of the\ncompany's areas of business, that affect the interests of the same. At the time\nthat the present contract is signed, The EMPLOYEE declares that he is in\ncompliance with said obligation to abstain from participating in the manner\nestablished in any coinciding business or activity.\n\n                                       -2-\n\n\n\nIn any case, The EMPLOYEE, on request, shall provide the company with any\ninformation relative to potential conflicts of interest.\n\nSIX.- The EMPLOYEE is aware and accepts that, due to his work at The COMPANY, he\nmay have access to confidential information regarding work methods, clients or\nthird parties, transactions carried out or in progress, etc. He\/she is obliged\nto maintain the strictest confidentiality and only utilise said information in a\nprofessional context. He\/she shall not mention nor divulge said information by\nany other method to third parties, even when these are relatives or other\nmembers of The COMPANY who do not have access to it.\n\nThe EMPLOYEE shall diligently ensure that any information relative to clients\ndoes not fall into the hands of anyone, handling information related to work,\nclients and transactions in such a way that no person who is not authorised by\nThe COMPANY shall have access to said information.\n\nThis pledge of confidentiality shall remain in force even after The EMPLOYEE\nleaves The COMPANY.\n\nSEVEN.- The present contract may be terminated for legally established reasons.\nIf said termination is caused by any of the cases set forth in the articles\n40.1, 50, 51, 52 and 56 of the Workers Statute (\"Estatuto de Trabajadores\"), The\nCOMPANY shall be obliged to pay the indemnification foreseen for the unfair\ndismissal in article 56 of said Workers Statute. To this effect, given that The\nEMPLOYEE has provided services to The COMPANY or to one of the companies within\nthe group since _________, all time that The EMPLOYEE has provided his services\nin any of these companies shall be calculated as years of service, including the\nperiod in which he held the capacity as shareholder (\"socio\"). Consequently, it\nis hereby agreed that the employee's length of service to date is ___ years,\n____ months and ____ days. Similarly, the time that elapses between the signing\nof this contract and when it enters into force shall also be computed, as will\nthe time that elapses between the latter and the date of dismissal of The\nEMPLOYEE.\n\nEIGHT.- In accordance with the legislation in force, (L.O. 15\/99 of 13 December,\non the Protection of Personal Data), The EMPLOYEE is expressly informed and\nconscious of the incorporation of his information into the Company's automated\nfiles that will be subject to automated processing for the purpose of\nmaintaining the labour relationship.\n\nThe EMPLOYEE accepts that, as a consequence of the globalisation process in\nwhich the firm finds itself immersed and the new possibilities offered by our\ntechnological infrastructure, his personal information that is collected in the\nautomated files of The COMPANY may be transferred to an automated file located\noutside of Spain. Said file may be accessed by offices of the group located in\nSpain and abroad for the same purposes as for which they were compiled.\n\n                                       -3-\n\n\n\nThe EMPLOYEE has the possibility of requesting and obtaining information on such\npersonal data and correcting or modifying said data if appropriate, according to\nthe terms set forth in articles 15 and 16 of the set of regulations mentioned\nabove.\n\nNINE.- Regarding anything not established here, the parties shall be governed by\nthe corresponding set of regulations: State Collective Bargaining Agreement,\nCompany Organisation and Accounting Consulting Companies (\"Convenio Colectivo\nEstatal para Empresas Consultoras de Planificacion, Organizacion y Contable\"),\nWorkers Statute (\"Estatuto de Trabajadores\"), General Social Security Law (\"Ley\nGeneral de la Seguridad Social\"), Law on the Prevention of Occupational Risks\n(\"Ley de Prevencion de Riesgos Laborales\") and any other regulations that may be\napplicable.\n\nAnd for the record, as proof of conformity with the above, they sign the present\ncontract in triplicate and for a single purpose in the place and on the date\nindicated above.\n\nThe EMPLOYEE                                          The COMPANY\n\n                                       -4-\n\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[6553],"corporate_contracts_industries":[9505],"corporate_contracts_types":[9539,9544],"class_list":["post-39749","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-accenture-ltd","corporate_contracts_industries-services__management","corporate_contracts_types-compensation","corporate_contracts_types-compensation__employment"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/39749","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=39749"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=39749"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=39749"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=39749"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}