DECLARATIONS
EX-10.14 8 c53190exv10w14.htm EX-10.14 exv10w14
Exhibit 10.14
INDIVIDUAL LABOR AGREEMENT FOR AN INDEFINITE TERM (HEREINAFTER REFERRED TO AS THE AGREEMENT) EXECUTED, ON ONE SIDE, BY KANSAS CITY SOUTHERN DE MEXICO, S.A. DE C.V. (HEREINAFTER REFERRED TO AS THE COMPANY), REPRESENTED IN THIS ACT BY MR. LIC. VICTOR MANUEL HUACUJA LEYZOALA AS ITS LEGAL REPRESENTANT AND, ON THE OTHER SIDE, BY, JAMES THOMAS KNIESTEDT BAUMAN (HEREINAFTER REFERRED TO AS THE EMPLOYEE), ON ITS OWN RIGHT, SUBMITTING THEIR WILL TO THE FOLLOWING DECLARATIONS AND CLAUSES:
DECLARATIONS
I. | The COMPANY declares: | |
a) | That it is a variable capital stock corporation constituted in accordance to the laws of the United Mexican States. | |
b) | That in accordance to its social purpose, it has the capability and faculties required to execute this Agreement. | |
c) | That its address is located at Montes Urales No. 625, Colonia Lomas de Chapultepec, Delegacion Miguel Hidalgo, C.P. 11000, Mexico, Federal District. | |
d) | That it requires the services that will be rendered by the qualified Employee, which has the necessary skills and knowledge to fulfill its duties as Security Vice President. | |
II. | The Employee declares: | |
a) | That its name is as it was established in the present Agreement. | |
b) | That it is of United States of North America nationality. | |
c) | That it is 40 years old. | |
d) | That its civil status is married. | |
e) | That it is Male. | |
f) | That its address is located at Privada Hector Serna Uribe No.30 Col. Palo Blanco, Garza Garcia, N.L. CP 66236. and that if domicile herein provided is modified, it will be obliged to provide a written notice of said modification to the COMPANY in a maximum term of 5 days as of the date in which the change of domicile was performed, in the understanding that if such obligation is not fulfilled, it will recognize the last address provided as the authorized address for all the legal effects derived from the present Agreement and specially the ones provided by articles 47 and 991 of the Federal Labor Law. |
g) | That he is aware of the work to be executed at the COMPANY and that it may eventually provide services to other subsidiary companies and/or subsidiaries from Kansas City Southern (which COMPANY is also a subsidiary of), and additionally agrees to develop relationships with and perform works for such companies, and agreeing that the COMPANY will be its only employer. | |
h) | That it has the capacity and experience required to provide its personal services to the COMPANY in the position for which it was hired and not having, to this date, any criminal records, and having the legal capacity required to perform its services when this Agreement is executed. | |
i) | That has read, understands, and consents all the internal regulations applicable to the COMPANYs employees. |
Having stated the previous declarations, the parties agree to adjust their labor relationship to the following:
CLAUSES
FIRST. TERM OF THE AGREEMENT. The present Labor Agreement is executed for an Indefinite Term and may not be modified, suspended, breached, or terminated if not by the parties mutual agreement or as provided by the Federal Labor Law and its applicable regulations.
SECOND. SERVICES PROVIDED. The EMPLOYEE will render his personal and subordinated services to the COMPANY in the category and in the position of Transportation Planning Assistant and it agrees to provide such services in a subordinated manner and subject, at all time, to the COMPANYs Board of Directors or any other person or entity designated by the COMPANYs Board of Director, having, due to its position, the following obligations:
THIRD. WORKPLACE. The EMPLOYEE will provide his services to the COMPANY in any of the COMPANYs facilities or where such are required, the previous in accordance to the orders provided by the COMPANYs representatives, and the EMPLOYEE will be obliged to render his services at the location of the facilities where such are required or where the COMPANY is located, including Mexico City and Monterrey. Moreover, the COMPANY has the capacity to change its address at any time, prior notice and agreement between the parties regarding the way to do so.
FOURTH. WAGE. THE EMPLOYEE will accrue a monthly gross wage of $ 127,200.00 previous to the corresponding tax deductions for such amount, at the COMPANYs address or in the place assigned for such matter. The previous wage includes the payment for the seventh day and the corresponding obligatory holidays, as well as the proportional part the weekly rest days, in accordance to the provisions of the Federal Labor Law, as well as additional applicable benefits, as provided by the Federal Labor Law or by specific norms applicable to the COMPANY due to its social activity.
FIFTH. LENGTH OF THE WORKING DAY. Due to the nature of the duties to be performed by the EMPLOYEE in connection to its position, same which are considered trust duties, it will distribute his daily working schedule in accordance to the COMPANYs operating requirements.
SIXTH. EXTRA TIME. The EMPLOYEE agreed to perform its services in extra time when the COMPANY requires it and both agreed that the employee will not perform in extra time if the company does not give its approval
SEVENTH. CONFIDENTIALITY. The EMPLOYEE recognizes that it has, due to the services agreed herein, access to confidential information, manufacturing secrets, commercial and operational aspects of the COMPANY that are considered an industrial secret; obliging itself not to divulge nor reveal such information to third parties, except if the COMPANYs representatives issue a written authorization, being itself subject to the corresponding sanctions in case if such does not comply with the provisions included in this Clause.
EIGTH. MEDICAL EXAMS. The EMPLOYEE obliges, as provided by the article 134 subsection X of the Federal Labor Law, to summit itself to all the check-ups and medical exams requested by the COMPANY, as well as to such required as provided by the Health Regulation.
NINTH. GENERAL CONDITIONS. The EMPLOYEE obliges, to work in general conditions that the COMPANY establishes, also to the rules, policies and codes that rules in the COMPANY.
TENTH. TRAINING. The EMPLOYEE obliges itself to receive training in accordance to the courses established in the programs duly authorized by the Ministry of Labor and Social Welfare, as provided by Title Four, Chapter III BIS of the Federal Labor Law. The EMPLOYEE obligates itself to assist punctually to the courses, group sessions, and other activities that are part of the training process, as well to perform instructions related to such programs, and take the performance and aptitudes tests required as provided by article 153-H of the Federal Labor Law. Ninth
ELEVENTH. VACATIONS AND VACATION BONUS. The EMPLOYEE will have the right to an annual vacation period of 10 (TEN) days. The vacation periods are annually and should not be accumulated in any case whatsoever.
To enjoy the annual vacation period, at all time the COMPANY, alongside the EMPLOYEE, will determine the schedule for the EMPLOYEE to enjoy its corresponding vacations.
THE EMPLOYEE should have right to the payment of a vacation bonus of 50% of the number of vacation days corresponding to each year and such should be automatically covered at the moment the EMPLOYEE reaches its first anniversary with the COMPANY.
TWELVE. SENIORITY The COMPANY recognizes as hiring date for the employee the day of September 17th of 2002
THIRTEENTH. THE EMPLOYEE would have the right to an annual bonus, as provided by article 87 of the Federal Labor Law, for the amount of 30 (thirty) daily wages, same which it will be covered in December; the EMPLOYEE will also have the right to the obligatory rest days provided by article 74 of the Federal Labor Law, as well as the weekly rest days, which shall be Saturdays and Sundays, preferably.
After reading this Agreement and knowing its contents and the obligations herein included, the parties sign it free of any coercion and by their own will in Mexico City, Federal District on the November 25th of 2003.