EMPLOYMENT AGREEMENT
(DUAL CAPACITY AS DIRECTOR)
This employment agreement is between AJOL Co., Ltd.("AJOL")
and Masao Yamamoto ("Yamamoto"):
AJOL
Name: AJOL, Inc.
By: Yoshihiro Aota, Representative Director (CORPORATE SEAL)
Address: 52-2 Jingu-mae, Shibuya-ku, Tokyo
Yamamoto
Name: Masao Yamamoto (SIGNATURE AND PERSONAL SEAL)
Address: 1-18-86 Megurita-cho, Higashi Murayama-city, Tokyo
1. Purpose
1.1Yamamoto has been engaged to provide services
described in Section 2 below and AJOL will compensate
Yamamoto for such services.
1. Services to be provided
2. Yamamoto will carry out the responsibilities assigned to him by AJOL
in the areas of sales, operations, administration, finance,
manufacturing, logistics and distribution, recruiting, R&D and
others.
3. Place of employment
4. Standard place of employment be in Tokyo and adjacent Kanto
prefectures.
5. Working hours
4.1 Standard hours will be from 8:00 a.m. to 5:00 p.m.
4.2 Late shift hours will be from 1 0:00 p.m. from 1:00 p.m.
4.3 Holiday shifts will be from 9:00 a.m. to 5:00 p.m.
4.4 Recess for standard working hours will be from 12:00 p.m. to
1:00 p.m. and from 3:00 p.m. to 3:20 p.m. If working beyond 8:00
p.m. on a standard hours shift day, there will another recess
from 6:00 p.m. Recess during late shift from 3:00 p.m. to 3:20
p.m., and from 6:00 p.m. to 7:00 p.m.
4.5However, the working and recess hours may be
changed, depending on the needs required by the
business of the Company.
1. Standard days off
2. Standard days off will be Saturdays, Sundays, national holidays
and other days determined by AJOL.
3. However, Yamamoto may be required to work on standard days off
and given a compensating days off depending on the needs
required by the business of the Company.
4. Except in an emergency, Yamamoto will be given at least
one-month notice when he is required to work on standard days
off -
5. When working on a standard days off is required, the
compensating days off will also be notified.
6. Adherence to working hours
Adherence to working hours will be self-imposed.
Absences greater than half a day or working on a day
off shall be reported on a prescribed form to AJOL.
Coming into the office after 1:00 pm or departing
before 12:00 p.m. shall be considered to be an
absence greater than half a day.
1. Annual Paid vacation
2. Annual paid vacations will become vested three months
after commencement of employment, providing an
attendance greater than 80% is achieved, Paid
vacations may be taken from the first day of the
month following vesting at the rate of 1 0 days per
year and 1 additional day per year for each
additional year worked
EXHIBIT 10.1
(2 additional days per year after employment of 3
years and 3 months), up to a maximum of 20 days per
year.
3. Approval of the president is required at least one
day before commencement of the vacation in writing.
If the president has left the office, notice shall
be submitted to the president by a facsimile to the
president's residence and when a facsimile cannot
be used, notice is submitted by leaving a message
on the president's cellular phone.
4. When there is no notification by the preceding
clause, it is considered to be an unauthorized
absence and cannot be changed to annual paid
holidays.
5. Once a notice for working on a standard day off is
made, as specified in section 5.3 above, a paid
vacation cannot be taken in the week immediately
following such a date. However, if Yamamoto must
take days off for unavoidable reasons, such day off
may be converted to compensating days off.
5. Compensation
7. Annual compensation is set at 12,000,000 yen, payable at
the rate of 1,000,000 yen per month.
8. Payment of monthly compensation is for the period
from the 16th of the previous month to 15th of the
current month and is payable on the 25th of the
current month.
9. Commuting allowance will be made according to company
regulations.
10. Absences greater than half day will be deducted at the rate of
annual compensation divided by (365-120) per day.
11. Business trip allowances will be paid according to company
regulations.
1) Yamamoto will be required to submit a business trip
application by the day before a business trip except in an
emergency situation.
2) The per them allowance for accommodations is 12,000 yen per
day, including tax.
3) The per them allowance for other expenses will be 5,000 yen
per day, except in cases where you will be an instructor for
distributor training:
Kanto 1st region 3 Outside of Kanto Ist
prefectures region 3 prefectures
----------- --------------------
Instructor 2,500 yen 7,500 yen
Assistant instructor -2,000 yen 7,000 yen
Instructor trainee 1,500 yen 6,500 yen
Rookie instructor 1,000 yen 6,000 yen
Instructor assistant 5,000yen
1) Actual expenses for accommodations exceeding per them will
be paid when accompanying the president or customer.
2) Actual expenses for accommodations exceeding per them will
be paid in unavoidable circumstances.
3) Acube events outside of the Kanto 1st region 3 prefectures
in which Yamamoto carries great responsibility for the event
will be treated as a regular business trip and the normal
per them will be provided.,
4) When attending training sessions, internal
events, "by invitation" events sponsored by
business associates, weddings of employee or
business associates, only transportation and
accommodations per them will be provided. The
per them allowance for other expenses will not
be provided.
EXHIBIT 10.1
5) The daily per them allowance for other expenses
will not be paid on the departure and return dates
if it is for the convenience of travel.
6) The daily per them allowance for other expenses
will be paid if the departure or return date falls
on a day off.
Sincerity and integrity
9.1 Yamamoto will carry out the duties and
responsibilities set forth by AJOL with sincerity and
integrity.
1. Approval of Yamamoto
10.1 Yamamoto approves and consents to this agreement.
1. Compensation for damages
11.1 If AJOL suffer damages as a result of Yamamoto's
intentional acts or gross negligence, Yamamoto will
provide compensation for such damages. This provision will
be in effect even after the termination of the remainder
of the agreement.
1. Duration of agreement
2. Duration of this agreement is from July 1, 2002 to June 30, 2003.
3. AJOL will notify Yamamoto at least 30 days before the
expiration of this agreement to renew or not to renew this
agreement at the termination of this agreement.
4. Termination of agreement
13.1 AJOL may be released from this agreement for
violation of this agreement by Yamamoto or for other
cause. 13.2 AJOL may be released from this agreement with
30 days notice for unavoidable circumstances.
13.3 Yamamoto may be released from this agreement with 14
days notice.
EXHIBIT 10.1