|
Exhibit
10.7
Amendment to the
employment contract
Between the undersigned
:
| • |
|
Alexion
Europe SAS , a French simplified joint-stock company with
capital of EUR 37,000, registered with the Trade and Companies
Registry of Paris under the number 484 251 046, whose
registered office is located at 54-56 Avenue Hoche – 75008
Paris, represented for the purposes hereof by
Mr. David W. Keiser, acting in his capacity as Chief
Operating Officer of the U.S. company, Alexion Pharmaceuticals
Inc., which is the ultimate parent company of the
Company,
|
Hereinafter referred to as
“the Company”,
Of the first part,
And
| • |
|
Mr. Patrice Coissac , born on October 5, 1948,
of French nationality, residing at 6, square Alboni, 75016
Paris, whose social security number is
,
|
Hereinafter referred to as
“ the Employee ”,
Of the second
part,
Hereinafter collectively
referred to as “ the Parties ”,
WHEREAS :
By an indefinite-term employment
contract dated November 7, 2005 (hereinafter “the
Contract” ), the Employee was hired by the Company in the
capacity of Operations Manager—Europe, with Executive status,
classification XI Group. The Contract is subject to the provisions
of the National Collective Bargaining Agreement for the
Pharmaceutical Industries (hereinafter, “the Collective
Bargaining Agreement” ).
In his capacity as Operations
Manager—Europe, the Employee is in charge of the
Company’s marketing, sales and distribution
activities.
In 2008, there will still be numerous
trips abroad rendered necessary by the international expansion of
the Company’s activities.
Consequently, the Company proposed to
the Employee to modify the calculation of “ Foreign
Service Premium ”, which the Employee has
accepted.
The purpose of this amendment to the
Contract is to set out the agreement thus reached between the
Parties. The provisions of this amendment cancel and supersede the
equivalent provisions contained in Articles 3.1, 3.2 and 3.3 of the
Contract and its various amendments and schedules.
NOW THEREFORE, IT HAS BEEN AGREED
AS FOLLOWS :
3 Foreign Service
Premium
3-1
Objectives
In his capacity as Head of Marketing
Product Policy, the Employee will be called upon to perform
numerous trips abroad rendered necessary by the international
expansion of the Company’s activities.
In order to take into account the
considerable number of such trips, which exceeds the number of
trips normally required within the scope of the Employee’s
duties, and in view of the considerable, specific constraints
related to said trips for the Employee and his family, the Employee
shall benefit, as from January 1, 2008, from a foreign travel
allowance, referred to as « Foreign Service
Premium ».
Only the trips the Employee makes in the
direct and exclusive interest of the Company shall give rise to the
payment of the Foreign Service Premium.
The two-fold objective of the Foreign
Service Premium is thus:
| |
• |
|
to incite the
Employee to develop the Company’s activity abroad,
and ;
|
| |
• |
|
to compensate
for the constraints resulting from the Employee’s numerous
trips abroad.
|
3-2 Method of
calculation
Since the Employee’s duties
require business trips abroad throughout the year, the Foreign
Service Premium shall be calculated according to the percentage
share of time worked abroad over the period from January 1 to
December 31 (hereafter referred to as « the
Reference Year ») as against the total time worked in
respect of this same time period.
Only trips abroad requiring a stay in
another Country with an effective duration of 24 hours minimum
shall be eligible.
If the minimum number of 24-hour periods
worked abroad during the reference year is at least equal to six
(6) stays, the annual amount of the Foreign Service Premium
shall be composed of the sum total of the various annual bonuses
calculated as a percentage of the gross annual remuneration (such
as defined hereafter) according to the number, duration and
location of the Employee’s s
|