You are on page 1of 14

DATE:

NO:

EMPLOYMENT AGREEMENT
NEST EDUCATION LLC
(Employer)

Jirah Hahn Vera


(Employee)
DETAILS
PARTIES
Name Nest Education LLC

Registration Number 6398847


Short form name Employer
Notice details Zaluuchuud avenue-25, 8th khoroo, Sukhbaatar distict, Ulaanbaatar,
Mongolia.

Name Jirah Hahn Ventura


Registration number
Short form name Employee
Notice details Jirahann.ventura@gmail.com

BACKGROUND
In accordance with the Chapter 33 of Civil Code of Mongolia and Laws of Mongolia on Labor,
Social Insurance and Individual Income Tax, Parties are mutually agreed to conclude this
Employment agreement with the following terms and conditions.
AGREED TERMS

1. Role and responsibilities


1.1 The Employee’s position is English Teacher (“Position”).
1.2 In the Position the Employee will directly report to the officer specified in the Job
Description (Appendix 1).
1.3 The Employee’s working conditions are standard.
1.4 The Employee’s duties in the Position are set out in the Job Description (Appendix) and
may be reviewed and amended by the parties from time to time.
2. Agreement term
2.1 Term of this agreement is 10 months and is extendable upon satisfactory performance.
2.2 This agreement shall be terminated upon termination by any party to this agreement with
the grounds specified in the laws of Mongolia.
3. Remuneration
3.1 The Employer will pay the Employee a gross amount of USD 1500 per month as a base
salary.
3.2 Payment of salary, overtime pays and bonuses shall be regulated by the Labor Law of
Mongolia and Internal Labor Regulations of the Employer.
4. Accommodation arrangements
4.1 The Employer shall provide the Employee with accommodation and the Employee shall
be fully responsible for the utility, maintenance costs and downpayment.

4.2 The employee shall be fully responsible for other payments, and in case of non-payment,
the employee shall be indisputably deducted from his salary.
5. Working hours
5.1 The Employee shall work full time or 40 hours a week. Hours of Work shall be regulated
by the Internal Labor Regulations.
5.2 The Employee is expected to have 24 teaching hours and 16 hours for lesson planning,
remedial classes and professional development.
6. Leave
6.1 Annual Leave
(a) The Employee is entitled for paid annual leave equivalent to one month in
accordance with the Station Operation Procedure of the School.
6.2 Public holidays and weekend
(a) The Employee is entitled for absence from work on public holidays and weekend.
(b) Public holidays shall mean the days specified in the Law of Mongolia on Public
Holidays and Celebrations.
(c) An employee may take unpaid leave on the day of the Christmas.
6.3 Notification of absence
3
(a) The Employee must notify the employee of her absence immediately.
7. Rights and responsibilities of Employee

7.1 The Employee’s rights:


(a) to be provided with safe and sanitary working conditions in accordance with
applicable laws and regulations;
(b) to entitled to privileges, allowances and supplies in accordance with the Labor Law,
the Internal Labor Regulations and other applicable regulations;
(c) to receive remuneration according to the work load;
(d) to take annual leave either wholly or partly in accordance with applicable laws and
regulations;
(e) to express freely his/her interest to his or her supervisor or direct report related with
his or her responsibility;
(f) to submit complaint to the supervisor if the Employee considers that his/her work
performance is appraised unfairly;
(g) to submit his/her request to the direct supervisor regarding increasing the amount of
salary, promotion, improving working condition and social guarantee, supply of
necessary facilities, or participating in local or foreign training courses;
(h) to see his/her personal profiles or records and work performance assessment and if
necessary edit his/her personal profiles or records;
(i) to engage in academic research study concurrently with current job under this
agreement;
(j) any other rights stated in applicable laws and the regulations of the Employer.
7.2 The Employee’s responsibilities:
(a) to strictly follow applicable laws and regulations in his/her daily operations;
(b) to perform the duties and responsibilities stated in the Job Description, the
Employment Agreement and work plan, promptly fulfil tasks, timely report its
performance and comply with hierarchy;
(c) to read and study laws and regulations directly relevant to his/her duties and
responsibilities under the Job Description;
(d) When teaching online, keep up with the timetable and schedules.
(e) When teaching online, prepare teaching materials using cutting-edge tools such as
power point etc;
(f) always upgrade his/her knowledge and professional skills, to have active and creative
approach to work, use time efficiently and perform his/her duties with quality;
(g) if necessary, at the initiative of the Employer, perform several jobs or duties at the
same time, substitute or replace other’s job position, work overtime and report the
work performance;
(h) unless otherwise stated in law, shall not obtain, disclose or abuse confidential
information of the Employer, client, customer and third party and abide by this
obligation after termination of this agreement;

4
(i) to properly and cost-effectively use the Employer’s properties and facilities, not
overuse the limited utilities (telephones and cell phone call minute limit or work
transportation), use them cost-effectively and keep the office clean and organized;
(j) to abide by labour safety related laws, regulations and instructions;
(k) not to misappropriate the Employer’s property and facilities;
(l) to meet with the ethic and communication requirements in the communication with
clients;
(m) any other responsibilities stated in law and the internal regulations of the Employer.
(n) Be active and participate the social activities which is organized by inside or outside
the school.
8. Disciplinary actions
8.1 If the Employee fails to meet the requirements or obligations specified in the Labor Law, Internal
Labor Regulations and this agreement, the Employer shall impose following disciplinary actions
depending on its feature, frequency, the extent of loss or damage in accordance with the Labor Law
of Mongolia:
(a) warning;
(b) decrease employee’s basic salary for up to 3 months by up to 20 percent; or
(c) terminate the employment agreement.
8.2 Any of the following will be construed as a serious breach allowing the Employer to
immediately terminate the Employee's employment:
(a) breaches a fiduciary duty or mishandles the funds of the Employer;

(b) breaches ethics code or shows disrespectful attitude towards students and colleagues;

(c) arrives late for work or leaves work early or exceeds the time limit of breaks or
leaves 3 or more times in any month without reasonable excuse or permission;

(d) the Employee is absent from work for 3 or more days in any quarter without
reasonable excuse and prior consent;

(e) in case of repetitive breach by the Employee;

(f) repeatedly or 3 or more times fails to perform tasks given to the Employee by the
Employer;

(g) Failure to perform tasks assigned by direct or indirect management in a timely


manner;

(h) the Employer finds out that the Employee’s request on leave and its accompanying
document were forged;

(i) plays game during working hours, uses internal and external network for unofficial
purpose, disturbs normal operation of network and makes harsh noises in the office;

(j) spends working hours ineffectively or for any other activities not included in the Job
Description;

5
(k) the Employee drinks alcohol or uses narcotics in the workplace, during working
hours, or arrives in intoxicated state at work;
(l) shows brutal behavior and insults others at workplace, or attacks the Employer’s or
other’s property and health;

(m) conducts, at workplace, any activity not relevant to his/her duties or misuses the
Employer’s property for his/her benefit;

(n) takes any equipment or facilities out of workplace or transfers them to others;

(o) breaches any obligation of confidentiality and discloses confidential information and
documents of the Employer or clients to others;

(p) promotes any political or religious views or immoral, racial or abusive activities at
workplace;

(q) sexually harasses students and other employees at workplace;

(r) causes wilful loss or damage to the Employer;

(s) the Employee is employed by another employer without prior written authorisation
by the Employer, breaches conflict of interest requirement, or accepts illegal reward;

(t) the Employee is suspended or terminated from holding any licences or permits which
are required to undertake the responsibilities of the Position;

(u) the Employee's conviction of or complicity in a crime against the Employer, other
individuals or legal entities.

9. Termination
9.1 Termination of the Employment agreement
(a) Employment agreement shall be terminated on the basis of grounds specified in the law.
9.2 Termination by the Employee
(a) The Employee may terminate his/her employment at any time by giving one month’s notice.
(b) The Employer may, at its sole discretion, elect to not require the Employee to carry
out the Employee’s duties or attend the Employer’s premises during any notice
period.
9.3 Termination by the Employer
(a) Employer is entitled to terminate the Employment agreement on the basis of grounds
specified in Labor Law in accordance with the requirements specified in law.
9.4 Upon termination of the Employee’s employment, or at any other time upon demand, the
Employee must deliver to the Employer or its authorised representative:
(a) documents or other material (including all copies and parts of them) in the
Employee’s possession or control relating in any way to any Confidential
Information, copyright, patent, trade secrets of the Employer; and
(b) any property of the Employer in the Employee’s possession or control, including but
not limited to phones, computers, documents, access passes, any units or
supplements thereof.

6
9.5 Set off
(a) To the extent permitted by law, the Employer may deduct from payment due to the
Employee on termination any money advanced to the Employee or owing by the
Employee to the Employer.
10. Material Liability
10.1 The Employee shall be liable for any loss or damage caused to the Employer in the course
of performance of his/her duties under this agreement, regardless of whether disciplinary
sanction is imposed or not.
10.2 The Employee shall be liable for full material liability.
11. Confidential Information
11.1 In this Agreement, Confidential Information means all information which are confidential
to the Employer as adopted by an Executive Director's Decision from time to time
approving the list of 'Confidential Information' and the following information, documents,
project and physical object regardless of its inclusion in the list of “Confidential
Information” approved by Executive Director:
(a) all files and documents marked as “Confidential”;
(b) information relevant to business, operation, finance, technology, client or customers;
(c) production chart, copyright, patent, source code of software, components, method of
production, suppliers’ information, quotations;
(d) internal documents, any information related to profit, debt, tax etc., study, statistics,
audit report;
(e) agreements or contracts related to clients or customers and documents of online or
basic communications;
(f) any information stored in private network or on memory devices;
(g) training or instruction materials provided to the employees.
11.2 The Employee must not, either during or after his/her employment, use or disclose to any
person any Confidential Information, except:
(a) in the proper performance of the Employee’s responsibilities and duties;
(b) if the Employee are compelled by law and have used every lawful means available to
the Employee to prevent disclosure; or
(c) if the Employee have been authorised in writing by the Employer to do so.
10.3 The Employee must take all measures to prevent disclosure of Confidential Information.
The Employee must immediately deliver to the Employer all Confidential Information
capable of delivery:
(a) upon the termination of his/her employment; or
(b) at any time on the request of the Employer or its authorised representative.
11.4 In case the Employee becomes obliged to disclose the Confidential Information in
accordance with his/her obligation under applicable laws of Mongolia, it shall be
immediately notified in advance to the Employer in written form.
11.5 The Employee’s obligations in relation to confidentiality continue to apply for indefinite
term after termination of the employment.

7
11.6 The Employee shall indemnify the Employer of any loss or damage caused to the Employer
due to the Employee’s failure to keep confidentiality of the Confidential Information or
failure to notify the Employer of any disclosure in accordance with applicable laws of
Mongolia.
12. Intellectual Property
11.1 The Employee acknowledges and agrees that all intellectual property that is developed,
created or conceived by the Employee during the term of his/her employment, which
relates in any way to the business, assets or affairs of the Employer, is and will be the sole
and exclusive property of the Employer and protected by the Employer’s copyright or
patent.
11.2 The Employee further acknowledges and agrees that:
(a) the Employee assigns all such intellectual property to the Employer, including all
statutory rights and remedies and any rights of action now or later available to the
Employee in relation to the intellectual property;
(b) on request during or after the Employee’s employment, the Employee promptly must
execute all documents and do all things reasonably required to:
i. effect the assignment referred to clause 11.2(a);
ii. evidence the vesting in the Employer of title to the intellectual property; and
iii. enable the Employer to protect the intellectual property by registration;
(c) the Employee must promptly notify the Employer of all new intellectual property;
and
(d) the Employee shall not use, own or disclose to others the Employer’s copyright or
patent for his/her own benefit.
11.3 The Employee shall indemnify the Employer of any loss or damage caused to the Employer
due to the Employee’s failure to protect the Employer’s intellectual property.
13. Non solicitation
13.1 The Employee must not, without first obtaining the written consent of the Employer, for
the period of a year after termination of his/her employment for any reason:
(a) canvas or solicit, or attempt to canvas or solicit, the business of any client or
customer of the Employer with whom the Employee had dealings at any time during
the twelve-month period to the date of termination of the Employee’s employment;
or
(b) induce or attempt to induce any person who at any time during the Employee’s
employment was an employee, officer, agent or contractor of the Employer to leave
their employment or terminate or not renew any contract with the Employer.
14. Information technology
13.1 The Employer notifies the Employee that it will, from commencement of the Employee's
employment, carry out ongoing, intermittent surveillance of the use of computer systems by the
Employee - including emails, internet and files (including files stored on the Employee's work
computer).
15. General
15.1 Governing law

8
(a) Any other employment related issues not regulated in this agreement shall be subject
to Labor law, other applicable laws, Internal Labor Regulation and other regulations
adopted by the Executive director.
(b) The parties herein shall attempt to settle any disputes in an amicable way in
accordance with laws and if the parties herein fail to settle the disputes, it shall be
resolved by employment dispute settlement committee or court.
15.2 Variation of an agreement
(a) This agreement (including its schedules) may only be altered in writing signed by
each party.
15.3 Language and schedules
(a) This agreement is executed in English and Mongolian and in case of any conflict
between English and Mongolian version, the English version shall prevail.
(b) Any schedules to this agreement shall be construed with and as an integral part of
this agreement.
SIGNED BY:

On behalf of the EMPLOYER: EMPLOYEE:


Baasankhuu, Operations Director

9
Schedule 1 - Job Description

Nest Education LLC

Position title- Fill in

Direct report – School Principal, Manager of education.

ONE. MAIN PURPOSE


To provide education to students at the level of meeting the standards of primary and
secondary education based on comprehensive competencies, and to guide the process of
training, development and upbringing on a scientific basis.

TWO. REQUIREMENTS ON THE POSITION

General requirements

Education Tertiary education

Profession Fill in

Purpose
To provide education to students at the level of meeting the

standards of primary and secondary education based on

comprehensive competencies, and to guide the process of

training, development and upbringing on a scientific basis.

Skills Development of didactic solutions;

Information processing and problem solving;

Influencing others, supporting others, working in a team;

Creative use of mental structures;

Use computer applications .


THREE. MAIN RESPONSIBILITIES

 Work closely with Team to execute ideas

10
 Curriculum planning and development
- Collaborate with members of the teaching association;
- Study of educational standards, curricula and curricula for all levels;
- To research the learning needs and interests of your students
- Planning and development of research content;
- Choose the form of training and develop the methodology;
- Research and preparation of training materials;
- Development of assessment tasks, methods and forms to assess students' learning
and upbringing.
 Plan and organize on-going and phased monitoring and evaluation
- Curriculum teaching
- Prepare for class
- Organize the lesson
- Keep a journal and keep notes
- Evaluate and improve the curriculum
- Analyze other teachers and your own lessons
- Analyze and advise on the upbringing and development of students
- Evaluate and diagnose student learning processes and outcomes
- Analyze the curriculum
- Improve curriculum
- Work with members of the teaching association
 Support training activities
- Improve classrooms, halls, cabinets and schools
- Maintain training documents (journals, surveys, personal files, news)
- Organize and participate in Olympiads and competitions
- Work as a teacher on duty
- In case of e-learning, take necessary measures to make the lesson clear and use
more advanced software and hardware.
- Make sure the lesson is clear to students.
 Ensuring teacher development
- Carrying out research work
- Develop reports, books, manuals and recommendations
- Participate in in-service training and organize trainings and seminars for other
teachers
- Continuously improve your skills and methodology in the workplace
 Contribute to the education for the citizens and students
- Work with dormitory students
- Work with parents, citizens and the community
- Perform school administration and elected work
- Prepare necessary reports and research
- Organize and participate in arts, sports and cultural activities

FOUR. WORKPLACE

Workplace equipment: - Office desks and chairs


- Computer
- Connection of internet
- Chancelleries
- Other requirements

11
Relevant laws and regulations - Labor law of Mongolia
- Regulations of internal labor

- Normal
Working condition:

FIVE. VERIFICATION OF JOB DESCRIPTION

Employee:
Position:

Signature……………..
Direct report:
Position:

Signature……………..

Date:

Annex of the Employment Agreement

12
RESIDENTIAL TENANCY AGREEMENT
Date: 05 July 2021 Place: Ulaanbaatar, Mongolia

This lease agreement was agreed between and signed by Burmaa Ukhnai (here in after referred to as Property
Agent) and Mr. David Buchanan (hereinafter referred to as Landlord) and Nest Education llc (here in after referred
to as Tenant) agreed on below stated condition:
1. Landlord shall lease a 19 sqm fully furnished studio apartment at unit 8 in building 48 at 1-40K, Prime
ministers Tserendorj street, 4thKhoroo Ulaanbaatar. Landlord warrants possessing full property rights to this
apartment. There is no underground parking.
2. The Lease Term shall commence from 05 July 2021 and is valid until 04 July 2022. This term can be extended
upon written request of lessee.
3. The monthly net lease payment shall be 850.000MNT (Eight hundred fifty thousand). The Tenant will pay rent
in advance quarterly payment can be in cash or transferred to the bank account below.
In case of any tax to be paid, a tax amount shall be added to this amount.
Bank name: Golomt bank
Beneficiary name: David Buchanan
Beneficiary account number: 1105032854 MNT
Rent payment due dates:
1. 850.000MNT-deposit- 5 July. 2021
2. 2.550.000MNT-3 months rent-5 July 2021
3. 2.550.000MNT-3 months rent-5 Oct.2021
4. 2.550.000MNT-3 months rent-5 Jan.2022
5. 2.550.000MNT-3 months rent-5 Apr.2022

4. Tenant (Dzmitry Zakharau) shall pay a deposit of be 280USD (Two hundred eighty) as guarantee against costs
to be incurred by the Landlord for major damages (except for normal wear and tear) to the property during rental use.
In case of no major damages, the deposit will be returned in full to the Tenant at the end of the contract. The deposit
will be kept by the Landlord. Should the Landlord note major damages other than normal wear and tear, the related
costs will be deducted from the deposit. The remainder of the deposit will be returned to the Tenant.
6. The Tenant shall be responsible for the payment of water heating, water supply, electricity and residents
association administration fee. The Tenant shall also be responsible cable for TV and internet services costs.
7. The Landlord shall grant full use of the furniture and home appliances in the property to the Lessee as agreed. All
furniture, home appliances and accessories shall be listed in an inventory list, Attachment #1, and be signed at
commencement of lease.
8. Property Agent’s commission is the same as one month’s rental fee for a one year contract or half a month’s rent
for a 6 month contract payable by Landlord at the first payment. If the lease is foreshortened by the Tenant for
unforeseeable reasons and if the agent does not succeed to find next lessee within 1 month, then the Property Agent
will partly refund the Landlord.
9. In case of termination caused by Landlord’s fault Property Agent’s commission (for the rest of the period) will not
be returned.
10. Ownership of this property cannot be changed during this lease period.
11. Tenant will use this apartment only for residential purposes and maintain a peaceful presence in the propertyand
neighboring people and community.
12. At the beginning of term theLandlord shall provide the list of properties and inventories in the property.
The Landlord shall be responsible for maintaining all accessories and equipment, including electrical and plumbing
appliances in good and working condition.
13.The Landlord shall at its own cost and expense to be responsible for all major structural repairs or other major
repairs to the premises and other utility connections to the premises.
14. At the end of term, the Tenant shall return all inventory items in good condition, less reasonable wear and tear
from daily usage. Tenant shall repair or replace or reimburse Landlord for loss or damage to Landlord’s inventoried
goods and furniture’s.
15. The Tenant is responsible for losses or damages from fire and water leakage due to unsafe handling. Other kind

13
of faults and breaks related to the building will be carried out by Landlord within 3 working days.
16. The Landlord will be responsible for routine maintenance of the property during the lease period, as reasonably
requested by Tenant.
17.The Agent will follow on implementation of responsibilities included in this lease agreement in order to keep
welfare of sides and efficiency of this agreement. The Agent will take care of Tenant’s requests, where the Landlord
is not available.
18. This contract cannot be cancelled. In case of cancellation advance payment and deposit will not be returned.
19. Extension or non-extension notice shall be provided one month in advance by the tenant to the agent and
landlord. If not, the tenant is responsible for paying one month’s rent after moving out.
20.The Landlord has a power to terminate this agreement due to the occurrence of problems below. In this case the
landlord has the right to charge for rent of the rest of the lease period and damages.
 In event of the delay of payment on the part of the Tenant for more than 15 days;
 If the Tenant has excessively damaged or has created conditions for such damages, despite repeated warnings by
the Landlord;
 If the Tenant subleases the apartment to a third party.
 Conducting business prohibited by the law.
21. All changes to this Agreement shall be made by mutual agreement between the Parties.
22. Any dispute arising out of or in connection with this contract shall be settled by mutual consent or may be
transferred to the court, in accordance with the laws of Mongolia.
23. If the Tenant loses possession of one of the keys during the lease period,he/she will be responsible for replacing
the lock or the door and making full payment for this procedure.

Lease Agreement Signed By:


On behalf or Landlord:

…………………………………………………….

Name: Mr. David Buchanan


Phone: ……………………
Landlord Contact Address:
imperium30@hotmail.com
On behalf of Tenant:

………………………………………….
Name: Nest Education LLC Baasankhuu D – Chief Operating Officer
Phone: 80015500
Mail address:
baasankhuu@nhs.edu.mn

On behalf of Agent:

………………………………………….
Name: Burmaa U.
Chingeltei-1horoo,
1-40000-1 building, suite-8
Ulaanbaatar, MONGOLIA
Tel/Fax:976-11-323632
Mobile: 976-99082350
website: www.uils.mn
E-mail: info@uils.mn
WIFI name: Skymedia-45-9; contract number: 18978; Pass: 98107755

14

You might also like