Kseniya Shurkina - Employment Agreement - Entertainment
Kseniya Shurkina - Employment Agreement - Entertainment
Kseniya Shurkina - Employment Agreement - Entertainment
EMPLOYMENT AGREEMENT
This Employment Contract (“Agreement”) was entered into on 20th September 2022 between:
Lincoln Holding LLC, a company operating under trade license number 822549 and with PO Box
487999 Dubai, United Arab Emirates ( “Employer”)
AND
Kseniya Shurkina, a Belarus national, holder of passport number MP3539226, with her address
in Dubai, United Arab Emirates (the “Employee”),
WHEREAS the Employer wishes to offer the Employee employment on the following Terms and
Conditions of Employment (the “Contract”):
Duration: Limited Contract for Two Years – with the right of the Employer to suspend the agreement
and the payment of the relevant total salary in case of “Force Majeure” as defined in clause 18 below.
Department: Entertainment
In addition to the above salary package, the Company will provide suitable accommodation.
1. Work Commencement date
Your employment will start on the date you officially report to work or on a date otherwise mutually
agreed to be expected on 23rd September 2022 (“The Commencement Date”).
2. Performance
The performer shall be required to execute live singing and/or dancing performances by this
agreement (The” Performance”).
Your first three (3) months of your job is a performance review period or job trial. Its purpose is for
the Management to review your performance and decide whether to proceed with the employment
visa or not.
3. Duty Meal
You will be provided with a duty meal while on duty as per the Employer’s internal policies.
4. Working Week
You will be required to work Fifty-four (54) hours a week, inclusive of meal breaks. Should the
business require you to work additional hours to achieve the satisfactory performance of your duties
you will be required to do so without additional compensation. “Normal business hours” 9 hours
morning or evening shifts (timings are subject to be changed at the outlet). Working Days/Nights
6 Days a week.
5. Place of Work
Your usual place of work will be Taikun Dubai located at the Hilton Al Habtoor City, Dubai, UAE.
We reserve the right to reassign you, either on a temporary or permanent basis, to other business
units, defined as any business in the Emirates of Dubai operated and/or managed by Lincoln
Holding and/or its subsidiaries and/or under the trademarks owned by and/or licensee to Lincoln
Holding.
6. Annual Leave
Once you have completed of 12 Months continuous service, and every 12 months thereafter, you
will be entitled to Thirty (30) calendar days of annual leave. Annual leave days may not be carried
forward to the following year without the prior approval of the Employer. If however, for personal
circumstances you need to take leave, this will be dealt with on a case-by-case basis at the
discretion of the Company. You will be entitled to receive the accrued leave days.
7. Public Holidays
You are entitled to public holidays for the private sector as decreed by the Government of Dubai.
Should you work on public holidays, you will be received an alternative day off in lieu.
8. Probation Period
On confirming your employment, the first Three (3) Months will constitute your Probationary Period,
during which the normal terms and conditions (such as eligibility for sick pay, annual leave, and
home leave tickets) will not apply, but which will then come into force upon successful completion
of your probation period. For sake of clarity, you may become Employee only after a probationary
period and subject to the approval of the Employer. The Employer, at its sole discretion, may decide
whether to employ you at the end of the probationary period or not.
Upon completion of your probation period, The Employee (or someone on his behalf) must notify
his manager on the first day of sickness by 8.00 a.m. of his condition, and must notify the
Employee’s manager at least once every 3 days during any sick leave period and, if required by
the Company, provide the Company with a medical opinion, from an approved and licensed
practitioner in the UAE, that states that Employee cannot fulfill the duties reasonably expected from
someone in the Employee’s position due to sickness.
After completion of your probation period, either party is to give One (1) Month Notice upon
termination of the Employment contract. The Employer reserves the right to pay basic salary without
any additional benefits, instead of notice. Your employment may be terminated without notice in
case of gross misconduct. Both parties may terminate the employment agreement without notice
in case of termination or resignation during the 6 months.
On your 1st day of induction (introduction to the company) you are required to be dressed in
business attire. Induction includes familiarization with Lincoln Holding management & department
brands' Standard operating procedures. All the Employees and the interns as well as any team
members are expected to conform to company standards and policies such as punctuality,
grooming, and use of mobile phones from their first day at work indicated in the Company’s
Employee Handbook. These standards and policies are strictly enforced, and non-compliance may
result in disciplinary measures.
We operate a Performance Evaluation for your employment, conducted twice a year by the
Employer (and specifically by the line manager), where opportunities for promotion and /or salary
increase will be considered based on the assessment of your performance
You will be subject to the policies, procedures, rules, and regulations of the Employer, which may
be amended from time to time.
14. Employment Handbook
Upon the commencement of your employment, you will be provided with the Company’s Employee
Handbook, which includes all employment-related policies, procedures, and guidelines relevant to
your employment.
15. Confidentiality
You must undertake a trade of work that is in conflict conflicts with the interest of the Company and
its controlling company. You may not disclose information of a confidential nature of unauthorized
persons within or outside the Company, during and after your employment with the Company. By
signing this Agreement, you agree to comply with the terms of the Employers Business Conduct
and Ethics Policy, as outlined and defined in the Employee Handbook, which may be amended
from time to time. By the laws of UAE., your work permit is issued under the sponsorship of the
Employer, and you may not work for another Employer in a paid or unpaid capacity.
In consideration of the payment of the total salary, you are hereby irrevocably and unconditionally:
(a.) grant and assign to the Employer absolutely and with the full title guarantee your entire right,
title, and interest, whether vested, contingent, or future, and including all copyright, Employee
property rights, and other intellectual property rights and the right to sue for and recover damages
from past infringements, in and to the performance and works (as defined below)
(b.) grant & confirm to the Employer every consent under the UAE laws and any other laws now or
in the future in force in any jurisdiction which may be required for the fullest use of the works, without
further liability or acknowledgment to you.
(c.) agree that the Employer shall be entitled to film, photograph, and/or record you, your provision
of the Performance and the Works and grant to the Employer the right to use the works and such
films, photograph, and recordings (including for the avoidance of doubt public performance and
transmission using the internet, cable, and satellite) and to issue publicity concerning the same
in any medium or format in which the same (or any parts) may be included and to use and reproduce
your name, professional name, image, likeness, voice, signature, and biographical materials for all
purposes in connection with the production, promotion and use of Works (including in connection
with the Performance, PO, brochure, programmed, video and commemorative book and in any
DVD or recoding or broadcast for no further fee).
(d.) agree that the Employer has no obligation to use the Works, your image and /or audio and /or
video and may edit, copy, add to, delete, adapt, translate or otherwise modify or deal with the Works,
your image, and/or audio/video, in any way that the Employer sees fit, and that any other
performances may mime, dance, act, or otherwise perform to any of your recorded performances
under this agreement (and),
(e.) waive and undertake not to assert any moral rights or similar rights or other non-transferable
rights about the Works and/or to the Performance under the present or future laws of any
jurisdiction, in each case. (i) in any country; (ii) for the full period during which such rights subsist
(including all renewals, revivals, revisions, and extensions of the same) and thereafter (to the fullest
extent possible) in perpetuity; and (iii) via any media (now or in the future known). The Employer is
the owner of all the films, photographs, records, and images related to the Performances.
You grant the Employer the sole purpose of staging the Performance and to promote the
Performance, the Employer, and/or past or future Employers events or products an irrevocable
royalty-free, non-transferable and non-exclusive sub-license to use, reproduce, maintain, and
modify any materials licensed by a third party to you for the provision of the performance including
without limitation: (i) procuring that any content and music used in the Performance, cleared for
international distribution in all media without any restrictions and at no additional cost to the
Employer and (ii) procuring that any content and music are used in the Performance may be
exploited worldwide by the Employer across all platforms (including without limitation, in any
highlights packages; DVDs; Blu-Ray; online; via re-player services, radio, mobile, social media and
any other platforms).
In This agreement “Works” means all existing and future works, materials, and other products
created and produces, and performances rendered, by or for you (either individually or in
conjunction with other persons, as part of or in connection with your work under this agreement
(including any modification and adaptation of the same and any parts of the same and such
modification and adaptation).
Without prejudice to the provisions set forth by clause 20 below, your term of employment is limited
commencing from the Date of Commencement of employment. Your employment with Lincoln
Holding is at-will and either party can terminate the relationship with or without cause and with
one–month notice.
Force Majeure means an event beyond the affected party’s control, which could not be prevented
including but not limited to acts of government, health care emergency, epidemy, acts of nature,
fire, explosions, typhoon, flood, earthquake, tide, lighting, and war, delaying or impeding the
performance of the obligations by such Party. However, any shortage of credit, capital, or finance
shall not be regarded as an event of Force Majeure.
After the event of Force Majeure is removed, both parties agree to resume the performance of this
agreement. Notwithstanding anything in this agreement to the contrary, in the event a Force
majeure event persists for one hundred and fifty (150) or more continuous days despite the affected
party’s good faith and efforts to remove the Force Majeure event, either party shall have the right
to terminate this agreement before the Force Majeure event being removed by providing the other
party thirty (30) calendar days advanced written notice.
19. Home Leave Tickets
On completion of each 12 months of continuous service, you will be provided with an Economy
Class one-way air ticket to your home country of destination. Tickets may not be accumulated
beyond the calendar year in which they fall due unless you were unable to proceed on home leave
due to work requirements set by the Company.
Medical and hospital treatment will be provided for your free of charge, by the company’s standard
medical policy as outlined in Company’s Employee Handbook. You will be personally liable for the
cost of optical and dental treatment. Chronic or pre-existing conditions must be declared before the
commencement of employment and will be assessed on a case-by-case basis.
Private Health Coverage: Please DO NOT CANCEL your private health insurance if it covers you
for any current health ailment.
Life Insurance Cover: All the Employees are insured 24 -on an hour UAE basis under a life
insurance policy in the event of death due to sickness.
You will be entitled to an end – of service gratuity by the provision of the UAE Labor Law at the time
of leaving. End of Service gratuity is forfeited in cases of dismissal for gross misconduct, leaving
without notice or breaches of other conditions of the law appertaining to this provision. Details
Scheme are outlined in Company’s Employee Handbook.
22. Compliance
You must comply at all times with all UAE federal and local laws and the conditions of all permits
and authorization laws, including but not limited to, fire, health, safety, and sanitation. If you fail to
comply, the Employer shall, in its sole and absolute discretion, take such steps, as it deems
necessary to remedy any such breach.
The Employee shall abide by the Employer Conflict of Interest Policy. Breach of the provisions of
the policy may lead to disciplinary action against the Employee.
For the entire duration of this agreement, and for a period of one year after the Employer's
relationship with the Employee is terminated for any reason, the Employee will not act, directly or
indirectly, as an employee, officer, director, partner, consultant, agent, owner or engaged in any
other capacity in a competing company. This means that the Employee shall not perform any work,
engage in, or otherwise participate in any way in any business that competes with the Company's
business activities.
25. Termination
On termination of employment, by either party, you will be paid all outstanding payments to which
you are entitled and which you have accrued until your last working day.
The employer shall, upon termination of the contract, bear the costs of repatriating the Employee
to the location where he was hired, or to any other location agreed upon between the parties upon
completion of each 12 months of continuous service. If the Employee, at the end of the contract,
works for another employer, the latter will be responsible for the costs of repatriating the worker at
the end of his service.
If the Employee resigns before the end of the contract, the Employee will bear his own repatriation
costs. The cost of repatriation will mean the price of air tickets and the cost of shipping personal
effects.
Gross Misconduct
Where an allegation of gross misconduct has been made against you, you will be suspended
pending investigation. Should the outcome of the investigation find you guilty of gross misconduct,
you will be dismissed with immediate effect. Due to the severity of such termination and following
the UAE Labor Law, you will forfeit any end-of-service payments, your visa will be canceled at the
first instance, and you will be repatriated as soon as the visa has been canceled. In such case, you
will be liable to repay the full cost of your recruitment to the Company. Please note that you are
under the sponsorship of the Employer. Upon termination of your employment, you may be
prevented from visiting or taking up further employment in the U.A.E for 5-12 months.
This agreement shall be governed by and construed by the laws of Dubai, UAE.
THE PARTIES agree to the terms and conditions set forth above as demonstrated by their signatures
as follows:
_____________________ _____________________
Signed by the Employer Signed by the Employee
_____________________ _____________________
Date Date