EXHIBIT 10.1
EMPLOYMENT AGREEMENT
BETWEEN THE UNDERSIGNED:
COCA-COLA ENTERPRISES INC.,
a corporation organized in the United States of America, under the laws of the
State of Delaware, with its corporate seat in Atlanta, located at 0000 Xxxxx
Xxxxx Xxxxxxx, Xxxxxxx, Xxxxxxx 00000, X.X.X.
Represented by Xx. Xxx Xxxxxxx, Senior Vice President Human Resources.
(Hereinafter referred to as "CCE INC."),
AND:
XXX. XXXXXXXXX XXXXXXXX, born on July 13, 1955 in Lyon, France, bachelor, French
citizen, domiciled at 0, xxxxxx Xxxxxxx, 00000 Xxxxx Xxxxxx, registered with the
French Social security institutions under the no. 2550769383127.
(Hereinafter called "XXX. XXXXXXXX")
WHEREAS:
Since April lst, 1992, XXX. XXXXXXXX has been an employee with Coca-Cola
Beverages SA, which became thereafter Coca-Cola Entreprise SAS, where she had
various activities as an employee and a director.
XXX. XXXXXXXX has been appointed by CCE INC. as Senior Vice President, President
Europe Group as from January 1, 2003.
On January 15, 2003, XXX. XXXXXXXX has been appointed as an Executive Officer by
the Board of Directors of CCE INC.
As an employee of CCE INC., XXX. XXXXXXXX shall amongst others be responsible
for the coordination and harmonization of the policy of the European territories
of CCE INC. (currently Belgium, France, Great Britain, Luxembourg, Monaco and
The Netherlands).
The parties have decided to transfer to CCE INC. all the rights and obligations
arising from the employment agreement signed on March 12, 1992, and amended on
December 6, 2000, between Coca-Cola Entreprise SAS and XXX. XXXXXXXX.
IT IS AGREED AS FOLLOWS:
Article 1 - DURATION- EFFECTIVENESS-SENIORITY
The present agreement has become effective as from January 15, 2003.
The present agreement is concluded for an indefinite period of time.
The parties expressly agree that XXX. XXXXXXXX'x seniority with Coca-Cola
Entreprise SAS since April 1st, 1992 shall be maintained and upheld by the
present agreement.
Article 2 - ACTIVITIES
2.1. XXX. XXXXXXXX shall perform her activities as Senior Vice-President,
President Europe Group under this agreement under the authority of the
President and Chief Operating Officer of CCE INC.
2.2. Those activities shall include, but not be limited to the:
- Coordination and harmonization of the commercial policy in the
European territories of CCE INC.;
- Harmonization of the commercial organization and the sales forces;
- Harmonization, coordination and supervision of media relations;
- Harmonization, coordination and supervision of business
organizations relationships;
- Harmonization, coordination and supervision of crisis communication
in connection with the business carried out in the above mentioned
territories.
2.3. In order to perform her duties, the General Managers of the European
territories of CCE INC. will report to XXX. XXXXXXXX.
2.4. XXX. XXXXXXXX shall also supervise and have authority over the
Vice-Presidents who are in charge of the following functions in the above
mentioned territories:
- Operations;
- Finance;
- External affairs;
- Human resources;
- Legal;
- Marketing;
- Business systems.
2.5. XXX. XXXXXXXX shall supervise the persons mentioned here above by guiding
their activities and by establishing their respective plans for action and
their goals.
XXX. XXXXXXXX shall perform to their assessments and participate in the
decisions related to the evolution of their career within the Commercial
and Strategic Committee and the Talent Development Committee.
2.6. XXX. XXXXXXXX shall report on her activities at
- Yearly Business planning reviews;
- Yearly strategic planning reviews ;
- Presentations to the Board of Directors of CCE INC.;
- Informal updates to the Chief Executive Officer and the Chief
Operating Officer of CCE INC.
2.7. In order to carry out her functions and perform her duties, XXX. XXXXXXXX
will be travelling regularly in the CCE INC. European territories as well
as to the United States of America.
2.8. According to the present agreement, XXX. XXXXXXXX hereby acknowledges and
agrees that with respect to any confidential or proprietary information
relating to the business of CCE INC., she will hold such secret and
confidential information in strict confidence. XXX. XXXXXXXX hereby agrees
that she will not disclose said secret and confidential information to
others during the term of this agreement nor after its termination.
ARTICLE 3 - SALARIES - HOLIDAYS - REGISTRATION WITH SOCIAL INSTITUTIONS:
3.1. As a compensation for her activities under this agreement, XXX. XXXXXXXX
shall receive a gross yearly salary of 360,005 EUR, payable to her bank
account in France.
This salary shall be paid in thirteen (13) equal installments of 27,692.69
EUR each.
This yearly salary will be reviewed annually on April 1, 2004.
3.2. XXX. XXXXXXXX shall dispose of a company car in accordance with the
applicable company policy in France.
3.3. In addition to the base salary XXX. XXXXXXXX is informed that she's
eligible for:
- the bonus(Management Incentive Plan)
- the Stock Options Plan;
- the Restricted Stock Grants
- any other perks determined by applicable company policies
in accordance with the terms and conditions provided for by such plans,
grants or policies. Such plans, grants or perks can be reviewed every year
by CCE INC.
3.4. In addition, XXX. XXXXXXXX'X salary shall be completed by the amount of
Coca-Cola Entreprise SAS Profit Sharing Plan ("interessement") which would
have been allocated to her as an employee in Coca-Cola Entreprise SAS in
accordance with the Agreement dated June 30, 2002 of Coca-Cola Entreprise
SAS which is hereby attached as Annex 1.
The payment will be paid net, without any tax and social charges due by
XXX. XXXXXXXX.
XXX. XXXXXXXX shall also receive from CCE INC. an amount corresponding to
the employee Legal and mandatory Profit Sharing Plan ("participation") and
such amount shall be calculated in accordance with the Agreement dated
June 30, 2002 of Coca-Cola Entreprise SAS which is hereby attached as
Annex 2 as if she was an employee of Coca-Cola Entreprise SAS.
The payment will be paid net, without any tax and social charges due by
XXX. XXXXXXXX.
3.5. XXX. XXXXXXXX shall benefit from the annual holidays and these will be
paid in accordance with the French regulations as applicable in France.
XXX. XXXXXXXX is not subject to the French rules related to the reduction
and organization of working hours for her activities under this agreement
3.6. XXX. XXXXXXXX shall register with the French social institutions as an
employee with a foreign employer which is not established on the French
territory and she will subject to the status of article R 243-5 paragraph
2 of the Social Security Code.
XXX XXXXXXXX shall be responsible for paying all mandatory social security
contribution, and in that respect, CCE INC. shall provide XXX. XXXXXXXX
with all legal and accounting assistance in order to help her comply with
the administrative obligations and CCE INC. shall give her the necessary
means for subscribing and paying all mandatory social security
contributions.
ARTICLE 4 - TERMINATION OF THE AGREEMENT:
4.1. This contract is concluded for an indefinite period of time. It may be
terminated, except in case of serious, gross misconduct, with respect of a
prior notice of three (3) months.
4.2. In case of dismissal, except for serious or gross misconduct, CCE INC.
will grant XXX XXXXXXXX an indemnity to compensate for the specific
prejudice resulting from the termination of this employment contract. The
total gross amount will be equal to twenty one (21) months, including
prior notice, of all gross salary, bonus, and individual premiums on
goals, calculated as an average over the last 12 months basis.
It is expressly agreed that this indemnity will not include the dismissal
indemnity ("legale ou conventionnelle") due for termination of the
employment contract of XXX. XXXXXXXX pursuant to the provisions of the
National Collective Convention mentioned under 5.1 hereafter.
This indemnity is intended to repair the entire prejudice suffered by XXX.
XXXXXXXX due to the performance and termination of her employment
contract.
The present clause shall not alter the rights of both parties with regard
to the stocks options and the restricted shares granted to XXX. XXXXXXXX.
ARTICLE 5 - APPLICABLE LAW - LANGUAGE OF THE AGREEMENT - JURISDICTION:
5.1. This agreement shall be governed by French Law within the respect of the
terms and conditions of this employment contract and French Courts shall
have jurisdiction in case of dispute.
In addition, the parties agree that the National Collective Convention
"Convention Collective Nationale des Activites de Production des Eaux
Embouteillees et Boissons Rafraichissante Sans Alcool" (a copy of which
is attached as Annexe ....) shall apply "dans ses dispositions etendues".
5.2. The agreement is signed in both French and English versions, the French
version being prevailing as per article L 121-1 of French Labor Code.
Signed on 23 April, 2003
In Paris and Atlanta
In two original copies,
S/ XXXXXX X. XXXXXXX
COCA-COLA ENTREPRISES INC.
S/ Xxxxxxxxx Xxxxxxxx
XXX. XXXXXXXXX XXXXXXXX
