Employment Agreement (Dual capacity as Director)
This employment agreement is between AJOL Co., Ltd.("AJOL") and
Manabu Nakamura ("Nakamura"):
AJOL
Name: AJOL, Inc.
By: Yoshihiro Aota, Representative Director
Address: 52-2 Jingu-mae, Shibuya-ku, Tokyo (SEAL OF COMPANY)
Nakamura
Name: Manabu Nakamura (SIGNATURE AND PERSONAL SEAL)
Address: to come
1. Purpose
1.1 Nakamura has been engaged to provide services
described in Section 2 below and AJOL will compensate
Nakamura for such services.
1. Services to be provided
2. Nakamura 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.
4.5 However, 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, Nakamura 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, Nakamura 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.
i. 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 10.2
(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 Nakamura must
take days off for unavoidable reasons, such day off
may be converted to compensating days off.
6. Compensation
7. Annual compensation is set at 12,000,000 yen, payable at
the rate of 1,000,000 yen per month. th
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.
l0. 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) Nakamura 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:
Kantolst region 3 Outside of Kantolst
prefectures region 3 prefectures
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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 5,000 yen
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 Nakamura 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 10.2
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 Nakamura will carry out the duties and responsibilities
set forth by AJOL with sincerity and integrity. Approval of
Nakamura
10.1 Nakamura approves and consents to this agreement.
Compensation for damages
11.1 If AJOL suffer damages as a result of Nakamura's
intentional acts or gross negligence, Nakamura will provide
compensation for such damages. This provision will be in
effect even after the termination of the remainder of the
agreement.
Duration of agreement
2. Duration of this agreement is from July 1, 2002 to June
30, 2003.
3. AJOL will notify Nakamura 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 Nakamura or for other cause.
13.2 AJOL may be released from this agreement with 30 days
notice for unavoidable circumstances.
13.3 Nakamura may be released from this agreement with 14
days notice.
EXHIBIT 10.2