INDIVIDUAL
LABOR AGREEMENT FOR AN INDEFINITE TERM (HEREINAFTER REFERRED TO AS
THE “AGREEMENT”) EXECUTED, ON ONE SIDE, BY KANSAS CITY
SOUTHERN DE MEXICO, S.A. DE C.V. (HEREINAFTER REFERRED TO AS THE
“COMPANY”), REPRESENTED IN THIS ACT BY MR. CRISTIAN
LOUSTAUNAU ARMAS AS ITS LEGAL REPRESENTANT AND, ON THE OTHER
SIDE, BY, MR. OSCAR AUGUSTO DEL CUETO CUEVAS (HEREINAFTER
REFERRED TO AS THE “EMPLOYEE”), ON ITS OWN RIGHT,
SUBMITTING THEIR WILL TO THE FOLLOWING DECLARATIONS AND
CLAUSES:
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I.
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The “COMPANY”
declares :
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a)
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That it is a variable capital stock
corporation constituted in accordance to the laws of the United
Mexican States.
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b)
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That in accordance to its social
purpose, it has the capability and faculties required to execute
this Agreement.
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c)
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That its address is located at
Montes Urales No. 625, Colonia Lomas de Chapultepec,
Delegacion Miguel Hidalgo, C.P. 11000, Mexico, Federal
District.
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d)
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That it requires the services that
will be rendered by the qualified Employee, which has the necessary
skills and knowledge to fulfill its duties as
Comptroller.
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II.
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The Employee declares
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a)
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That its name is as it was
established in the present Agreement.
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b)
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That it is of Mexican
nationality.
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c)
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That it is 39 years
old.
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d)
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That its civil status is
married.
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e)
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That it is Male.
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f)
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That its address is located at
Gloria Alejandra No. 1311 Colonia Hacienda Los Canta Apodaca, Nuevo
Leon, Mexico and that if domicile herein provided is modified, it
will be obliged to provide a written notice of said modification to
the “COMPANY” in a maximum term of 5 days as of
the date in which the change of domicile was performed, in the
understanding that if such obligation is not fulfilled, it will
recognize the last address provided as the authorized address for
all the legal effects derived from the present Agreement and
specifically the ones provided by articles 47 and 991 of the
Federal Labor Law.
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g)
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That he is aware of the work to be
executed at the “COMPANY” and that it may eventually
provide services to other subsidiary companies and/or subsidiaries
from Kansas City Southern (which “COMPANY” is also a
subsidiary of), and additionally agrees to develop relationships
with and perform works for such companies, and agreeing that the
“COMPANY” will be its only employer.
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h)
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That it has the capacity and
experience required to provide its personal services to the
“COMPANY” in the position for which it was hired and
not having, to this date, any criminal records, and having the
legal capacity required to perform its services when this Agreement
is executed.
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i)
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That has read, understands, and
consents all the internal regulations applicable to the
“COMPANY”’s employees.
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Having stated
the previous declarations, the parties agree to adjust their labor
relationship to the following:
FIRST . “TERM OF THE AGREEMENT”.
The present Labor Agreement is executed for an Indefinite Term and
may not be modified, suspended, breached, or terminated if not by
the parties’ mutual agreement or as provided by the Federal
Labor Law and its applicable regulations. The
“EMPLOYEE” will commence its services as AVP
Transportation of the “COMPANY” on March 15 of
2006.
SECOND. “WORKPLACE” . The “EMPLOYEE” will provide his
services to the “COMPANY” in any of the
“COMPANY’s facilities or where such are required, the
previous in accordance to the orders provided by the
“COMPANY”’s representatives, and the
“EMPLOYEE” will be obliged to render his services at
the location of the facilities where such are required or where the
“COMPANY” is located, including Mexico City and
Monterrey. Moreover, the “COMPANY” has the capacity to
change its address at any time, prior notice and agreement between
the parties regarding the way to do so.
THIRD. “LENGTH OF THE WORKING
DAY”. Due to the
nature of the duties to be performed by the “EMPLOYEE”
in connection to its position, same which are considered trust
duties, it will distribute his daily working schedule in accordance
to the “COMPANY”’s operating
requirements.
FOURTH. “SERVICES PROVIDED”
. The “EMPLOYEE” will
render his personal and subordinated services to the
“COMPANY” in the category and in the position of AVP
Transportation and it agrees to provide such services in a
subordinated manner and subject, at all time, to the
“COMPANY”’s Board of Directors or any other
person or entity designated by the “COMPANY”’s
Board of Director, having, due to its position, the following
obligations:
a) Be
responsible for protecting the “COMPANY”’s legal
interests, in relation to legal proceedings, administrative
requirements, and legal procedures, as well as regarding contracts
and agreements with third parties.
b) Implement
the “COMPANY”’s policies that enable the
compliance of all its legal obligations.
c) Advise the
senior management team in connection to all legal aspects of the
transactions and decisions that impact the
“COMPANY”.
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