RECRUITMENT AGREEMENT
BETWEEN
SUNRISE SEARCH & SUPPORT INC.
(Name of Company/Philippine Representative)
And
SWISS CORNER CO. FOR TRADING
(Name of Foreign Principal)
This Recruitment Agreement entered into by and between SUNRISE SEARCH & SUPPORT INC with office address at 4TH Floor Chipeco Building Shaw Blvd. corner Meralco Avenue Brgy. San Antonio, Pasig City, Philippines represented by its President, JOSELITO R. CONSUNJI as its legal representative
And
SWISS CORNER CO. FOR TRADING , hereinafter referred to as the Employer / Foreign Principal, set forth the following purposes, terms and stipulations:
1.0 GENERAL PROVISIONS
1.1 The Employer / Foreign Principal shall utilize facilities and services of SUNRISE SEARCH & SUPPORT INC. for the purpose of pre-selecting, recruiting, processing and documenting Filipino workers hired through the said legal representatives for its operation In KINGDOM OF SAUDI ARABIA. It shall also avail of such services and facilities for the rehiring of the workers, as appropriate.
1.2 The legal Representative shall make available to the employer, pre-screened
Applicants as requisitioned. As may be agreed upon by the parties, the Employer shall have the final authority on the selection in Manila of personnel for employment and that selection shall satisfy the requirements of the employer for all intents and purposes.
1.3 The services of the said Representative shall include, but not limited to, medical examination, processing, documentation, mandatory briefing/ orientation on the working and living conditions at the country of employment, facilitating documentation for travel like security and police clearance, passports, etc.
The Representative shall also, when authorized in writing by the Principal, sign the individual employment Agreements which shall be binding for all parties.
1.4 The Representative shall also provide facilities and services for the processing and documentation of workers rehired by the Principal under such terms and condition as may be agreed upon by the parties.
1.5 Fees against Workers:
As may be appropriate and agreed upon by the parties. An additional clause on fees against the workers may be incorporated to read as follows:
"The PRINCIPAL approves and fully concurs with the imposition by the COMPANY / REPRESENTATIVE of fees against the workers in accordance with the rules and regulations of the Department of Labor and Employment. The pertinent provisions of which are attached and shall form an integral part of this agreement."
It is understood that no other fees whatever form, manner or purpose shall be imposed upon the worker by the agency. All payments made by the worker shall be covered by appropriate receipts.
2.0 FEES AND TERMS OF PAYMENT
2.1 For new hires, the Employer/ Foreign Principal shall pay to the Legal Representative a service fee in the amount of USD 400 and equivalent to One Month Worker’s Basic Salary in US Dollars. The amount shall be computed based on the exchange rate between the above-mentioned currencies on the day of Legal Representative’s preparation of invoice. Such payment shall be made upon issuance of the airline ticket and receipt of Overseas Employment Certificate (OEC) from the POEA.
2.2 The Employer shall pay the Legal Representative the amount of US$72 per year as premium for the Mandatory Migrant Worker’s Insurance or US$144 for standard two years contract. It is understood that such payment insurance premium may not be charged to the worker as provided for by law governing migrant workers.
2.3 The Employer may pay a pre- agreed amount to cover cost of advertisement in Manila’s leading newspapers to announce job vacancies of the company should the need require.
3.0 TRAVEL ARRANGEMENT
3.1 The Employer shall be solely responsible for and bear the expenses of securing entry visa/or work permits of accepted workers and their ticketing including the payment of travel tax except when it shall, upon payment of the cost, request its legal representative to arrange for the travel of the workers.
4.0 EMPLOYMENT
4.1 The recruits shall take up employment under the Master Contract of Employment (MEC) herein attached as Annex "B" and under the wage schedule as attached, which forms an integral part of this agreement, which are subject to approval by the Department of Labor and Employment.
4.2 In case of renewal of Employment Contract between the Employer and the same Employee, said Employee may be entitled to reasonable adjustment in salary and benefits in accordance with the Company's pay scale and practices.
5.0 AUTHORITY, JOINT AND SOLIDARY LIABILITY OF LEGAL REPRESENTATIVE
The Employer / Foreign Principal authorizes the legal Representative as its exclusive agent and sole representative in all matters involving the recruitment and hiring of Filipino workers for its overseas projects.
By virtue of said Authority, the Legal Representative is granted the following powers and obligations:
5.1 To represent the Employer / Principal before any and all government and private offices / agencies in the Philippines.
5.2 To enter into any and all contracts with any persons, corporation, institutions or entity in a joint venture or as partner in the recruitment, hiring and placement of Filipino contract workers for overseas employment.
5.3 To sign, authenticate and deliver all documents necessary to complete any transactions related to such recruitment and hiring, including making necessary steps to facilitate the departure of the recruited workers in accordance with the Labor Code as its rules and regulations.
5.4 To bring suit, defend and enter into any compromise for and in behalf of the Employer / Principal in litigations involving the hiring and employment of Filipino contract workers for said Principal.
5.5 To assume jointly and solidarity with the foreign principal any liability / responsibility that may arise in connection with the recruitment and hiring of the workers including the full implementation of the employment contract.
6.0 REMITTANCE OF FOREIGN EXCHANGE EARNINGS
6.1 The employer shall encourage all workers to remit at least 70 percent of the monthly basic salary to his designated beneficiary in the Philippines, if required.
7.0 RESPONSIBILITIES OF THE EMPLOYER
7.1 The Employer will exert all possible efforts to enhance the welfare and protect the rights of Filipino workers hired under this agreement in accordance with the laws of the Philippines, his country of domicile and international covenants on expatriate employment and in accordance further with the best possible treatment already to other workers at its work site.
7.2 Except for reasons caused by fault of the Employee, force majeure, or flight delay, the Employer shall transport the worker to the worksite within thirty (30) days from the date of scheduled departure as specified by the employer upon filing of job requisition. Should the employer fail to do so for no valid or justifiable reasons, he shall pay the workers reasonable compensation as may be determined by the appropriate authorities for every month or a fraction thereof of delay? Payment made under this provision will be made to the worker through the Employer's Legal Representative or the government agency appropriate for the purpose. Should the Employer cancel the employment contract, or if the delay already exceeds two (2) months and the worker elects to cancel the said employment contract, the Employer shall pay the Employee an additional amount of compensation as may be determined by the appropriate authorities. In this case, the Employer shall not be reimbursed the amount he paid to its Legal Representative for documentation and processing fees
7.3 In case of termination of the worker's employment for cause or as a result of death or serious injury, the Employer shall immediately inform the Philippine Embassy / Labor Attaché nearest the site of employment and/or the POEA and the Employer's Legal Representative about said event.
In case of death of the Employee, the Employer shall bear the expenses for the repatriation of the remains of the Employee and his personal properties to his relatives in the Philippines or if repatriation is not possible under certain circumstances, the proper disposition thereof, upon previous arrangement with the worker's next-of-kin, or in the absence of the latter, the nearest Philippine Labor Attaché or Embassy / Consulate.
In all cases, the Employer shall insure that the benefits due the Employee shall be made available to him or his beneficiaries within the shortest time possible.
8.0 SETTLEMENT OF DISPUTES
8.1 In case of disputes arising from the implementation of the employment contract between the Employer and the contract worker, all effort shall be made to settle them amicably. If necessary, such negotiations shall be undertaken in cooperation and with the participation of the Philippine Labor Attaché/Embassy/Consulate nearest the site of employment.
8.2 In case the amicable settlement fails, the matter shall be submitted to the competent or appropriate body in the country of employment. During the process of settlement or while the case is pending, the pending worker shall endeavor to fulfill his contractual obligations and the employer shall insure that such obligations shall be undertaken without duress or recrimination.
8.3 In case of disputes involving the Recruitment Agreement, the parties thereto must
Attempt to resolve them amicably. If the efforts to amicably settle fail, then the
Dispute shall be referred to the International Chamber of Commerce for hearing
And adjudication or to whatever administrative bodies/courts where the parties
Agree to have the dispute settled.
9.0 TERMINATION OF AGREEMENT
9.1 This Recruitment Agreement shall be in effect for a minimum period of one (1) year from t
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اتفاق التوظيف بينالبحث عن شروق الشمس وشركة الدعم (اسم لممثل الشركة والفلبين)و شركة الركن السويسري للتداول (اسم لرأس المال الأجنبي) هذا "الاتفاق التوظيف" أبرمت قبل وبين البحث عن شروق الشمس ودعم لجنة التفاوض الحكومية الدولية مع عنوان المكتب في الزاوية Shaw بناء كيبكو الكلمة الجادة الرابعة Meralco الجادة برجي. San Antonio، مدينة باسيج، الفلبين، ممثلة برئيسها، خوسيليتو كونسونجي ر. ممثلها القانوني والركن السويسري شركة لتجارة، يشار إلى صاحب العمل/"الأجنبية الرئيسية"، المحددة الأغراض، والشروط والاشتراطات التالية:1.0 الأحكام العامة1-1 صاحب العمل/"الأجنبية الرئيسية" استخدام مرافق وخدمات للبحث عن شروق الشمس ودعم شركة غرض قبل اختيار وتجنيد وتجهيز وتوثيق العمال الفلبينيين في التعاقد عن طريق الممثلين القانونيين المذكور لعملياتها "في المملكة العربية السعودية". يجب أيضا الاستفادة من هذه الخدمات والمرافق لتشغيل العمال، حسب الاقتضاء.1.2 تتيح الممثل القانوني لصاحب العمل، وفرزهم مقدمو الطلبات بالاستيلاء. كما قد يتفق عليها الأطراف، يكون صاحب السلطة النهائية فيما يتعلق باختيار الموظفين للعمل في مانيلا، وهذا التحديد يكون مستوفيا للشروط من رب العمل لجميع المقاصد والأغراض.1.3 تشمل خدمات الممثل المذكور، ولكن لا تقتصر على، الفحص الطبي، تجهيز، والوثائق، إحاطة إلزامية/التوجه على ظروف العمل والظروف المعيشية في البلد من العمالة وتسهيل وثائق السفر مثل تطهير قوات الأمن والشرطة، وجوازات السفر، إلخ.الممثل أيضا، عندما أذنت في كتابة الرئيسي، ويوقع العمالة الفردية الاتفاقات التي تكون ملزمة لجميع الأطراف.1-4-الممثل تنص أيضا مرافق وخدمات تجهيز والوثائق المتعلقة بالعمال توظيفه بالرئيسية تحت هذه الشروط وما قد يتفق عليها الأطراف.1.5 رسوم ضد العمال:كما قد يكون مناسباً والمتفق عليها من الطرفين. ويمكن إدراج بند إضافي على رسوم ضد العمال على النحو التالي:"يوافق على الأجهزة الرئيسية وتتفق تماما مع فرض من شركة/ممثل من رسوم ضد العمال وفقا لقواعد وأنظمة وزارة العمل والعمالة. الأحكام ذات الصلة التي يتم إرفاق وتشكل جزءا لا يتجزأ من هذا الاتفاق.ومن المفهوم أن أي شيء آخر الرسوم أيا كان شكل أو طريقة أو الغرض تفرض على العامل بالوكالة. وتغطي جميع الدفعات بالعامل بالإيصالات المناسبة.رسوم 2.0 وشروط الدفع2.1 For new hires, the Employer/ Foreign Principal shall pay to the Legal Representative a service fee in the amount of USD 400 and equivalent to One Month Worker’s Basic Salary in US Dollars. The amount shall be computed based on the exchange rate between the above-mentioned currencies on the day of Legal Representative’s preparation of invoice. Such payment shall be made upon issuance of the airline ticket and receipt of Overseas Employment Certificate (OEC) from the POEA. 2.2 The Employer shall pay the Legal Representative the amount of US$72 per year as premium for the Mandatory Migrant Worker’s Insurance or US$144 for standard two years contract. It is understood that such payment insurance premium may not be charged to the worker as provided for by law governing migrant workers.2.3 The Employer may pay a pre- agreed amount to cover cost of advertisement in Manila’s leading newspapers to announce job vacancies of the company should the need require.3.0 TRAVEL ARRANGEMENT3.1 The Employer shall be solely responsible for and bear the expenses of securing entry visa/or work permits of accepted workers and their ticketing including the payment of travel tax except when it shall, upon payment of the cost, request its legal representative to arrange for the travel of the workers.4.0 EMPLOYMENT4.1 The recruits shall take up employment under the Master Contract of Employment (MEC) herein attached as Annex "B" and under the wage schedule as attached, which forms an integral part of this agreement, which are subject to approval by the Department of Labor and Employment.4.2 In case of renewal of Employment Contract between the Employer and the same Employee, said Employee may be entitled to reasonable adjustment in salary and benefits in accordance with the Company's pay scale and practices.5.0 AUTHORITY, JOINT AND SOLIDARY LIABILITY OF LEGAL REPRESENTATIVE The Employer / Foreign Principal authorizes the legal Representative as its exclusive agent and sole representative in all matters involving the recruitment and hiring of Filipino workers for its overseas projects. By virtue of said Authority, the Legal Representative is granted the following powers and obligations:5.1 To represent the Employer / Principal before any and all government and private offices / agencies in the Philippines.5.2 To enter into any and all contracts with any persons, corporation, institutions or entity in a joint venture or as partner in the recruitment, hiring and placement of Filipino contract workers for overseas employment.5.3 To sign, authenticate and deliver all documents necessary to complete any transactions related to such recruitment and hiring, including making necessary steps to facilitate the departure of the recruited workers in accordance with the Labor Code as its rules and regulations.5.4 To bring suit, defend and enter into any compromise for and in behalf of the Employer / Principal in litigations involving the hiring and employment of Filipino contract workers for said Principal.5.5 To assume jointly and solidarity with the foreign principal any liability / responsibility that may arise in connection with the recruitment and hiring of the workers including the full implementation of the employment contract.6.0 REMITTANCE OF FOREIGN EXCHANGE EARNINGS6.1 The employer shall encourage all workers to remit at least 70 percent of the monthly basic salary to his designated beneficiary in the Philippines, if required. 7.0 RESPONSIBILITIES OF THE EMPLOYER7.1 The Employer will exert all possible efforts to enhance the welfare and protect the rights of Filipino workers hired under this agreement in accordance with the laws of the Philippines, his country of domicile and international covenants on expatriate employment and in accordance further with the best possible treatment already to other workers at its work site.7.2 Except for reasons caused by fault of the Employee, force majeure, or flight delay, the Employer shall transport the worker to the worksite within thirty (30) days from the date of scheduled departure as specified by the employer upon filing of job requisition. Should the employer fail to do so for no valid or justifiable reasons, he shall pay the workers reasonable compensation as may be determined by the appropriate authorities for every month or a fraction thereof of delay? Payment made under this provision will be made to the worker through the Employer's Legal Representative or the government agency appropriate for the purpose. Should the Employer cancel the employment contract, or if the delay already exceeds two (2) months and the worker elects to cancel the said employment contract, the Employer shall pay the Employee an additional amount of compensation as may be determined by the appropriate authorities. In this case, the Employer shall not be reimbursed the amount he paid to its Legal Representative for documentation and processing fees7.3 In case of termination of the worker's employment for cause or as a result of death or serious injury, the Employer shall immediately inform the Philippine Embassy / Labor Attaché nearest the site of employment and/or the POEA and the Employer's Legal Representative about said event.In case of death of the Employee, the Employer shall bear the expenses for the repatriation of the remains of the Employee and his personal properties to his relatives in the Philippines or if repatriation is not possible under certain circumstances, the proper disposition thereof, upon previous arrangement with the worker's next-of-kin, or in the absence of the latter, the nearest Philippine Labor Attaché or Embassy / Consulate.
In all cases, the Employer shall insure that the benefits due the Employee shall be made available to him or his beneficiaries within the shortest time possible.
8.0 SETTLEMENT OF DISPUTES
8.1 In case of disputes arising from the implementation of the employment contract between the Employer and the contract worker, all effort shall be made to settle them amicably. If necessary, such negotiations shall be undertaken in cooperation and with the participation of the Philippine Labor Attaché/Embassy/Consulate nearest the site of employment.
8.2 In case the amicable settlement fails, the matter shall be submitted to the competent or appropriate body in the country of employment. During the process of settlement or while the case is pending, the pending worker shall endeavor to fulfill his contractual obligations and the employer shall insure that such obligations shall be undertaken without duress or recrimination.
8.3 In case of disputes involving the Recruitment Agreement, the parties thereto must
Attempt to resolve them amicably. If the efforts to amicably settle fail, then the
Dispute shall be referred to the International Chamber of Commerce for hearing
And adjudication or to whatever administrative bodies/courts where the parties
Agree to have the dispute settled.
9.0 TERMINATION OF AGREEMENT
9.1 This Recruitment Agreement shall be in effect for a minimum period of one (1) year from t
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