The employment contract - France, Japan and USA

I chose three employment agreements, for an executive position, specific to three different countries: United States of America, Japan and a European country, France.

The employment agreement from United States, referred as "Agreement" is entered into by and between Daniel Marriott ("Employee") and USA Networks, Inc., a Delaware company ("USA" or the "Company").

The contract from Japan is between John Floisand ("Employee") and Apple Japan ("Apple Japan" or "Company").

The employment contract signed in France is made between the undersigned PeopleSoft France S.A., a French Societe Anonyme and Mr. Guy Dubois, residing at Paris. In this contract it is also stated the share capital of the company, the registered office and the number of registration.

This is a difference that I have noticed between these three contracts, because in the first two there is no mention of any of these details.

All three of these agreements start with the article called Employment.

• The clause extracted from the American contract is:

1A. EMPLOYMENT. The Company agrees to employ Employee as Senior Vice

President, Strategic Planning and Employee accepts and agrees to such employment. During Employee's employment with the Company, Employee shall do and perform all services and acts necessary or advisable to fulfill the duties and responsibilities as are commensurate and consistent with Employee's position and shall render such services on the terms set forth herein. During Employee's employment with the Company, Employee shall report directly to the Vice Chairman or such person(s) as from time to time may be designated by the Company (hereinafter referred to as the "Reporting Officer"). Employee shall have such powers and duties with respect to the Company as may reasonably be assigned to Employee by the Reporting Officer, to the extent consistent with Employee's position and status. Employee agrees to devote all of Employee's working time, attention and efforts to the Company and to perform the duties of Employee's position in accordance with the Company's policies as in effect from time to time. Employee's principal place of employment shall be the Company's offices located in New York, New York.

The person that is employed is referred as “Employee” in this type of contract and the employer is referred as “Company”, and in the beginning of this article it is specified the position that he will have in the company, as Senior Vice President, Strategic Planning, this being an executive job. Afterwards it is mentioned that he will have to “do and perform all services and acts necessary or advisable to fulfill the duties and responsibilities as are commensurate and consistent with Employee's position and shall render such services on the terms set forth herein” and that he will report directly to the Vice Chairman. In the end it is specified the place of employment, the company’s office, in this case New York.

• The same article from the Japanese agreement sounds like:

2. Employment. You will be Chairman of the Apple Japan Board of Directors and Chief Executive Officer of Apple Japan (grade 98) and your duties and responsibilities to the Company shall be consistent in all respects with such positions. The Company will take all steps reasonably necessary to assure that you are elected or appointed to the Board. You shall prorate your business time, attention, skills and efforts to the business and affairs of the Company and Apple Computer, Inc., as provided for in your Employment Agreement with Apple Computer, Inc., other than de minimis amounts of time devoted by you to the management of your personal finances or to engaging in charitable or community services.

Here it is also specified the position the employee will take as Chairman of the Apple Japan Board of Directors and Chief Executive Officer of Apple Japan (grade 98), but in a much formal way, being referred with the pronoun “you” . There is mentioned that he will have to fulfil his responsibilities of the position, and he should also prorate his time, attention and efforts for the company. Here there isn’t any mention about the place of work like in the American contract.