This Recruitment Agreement entered into by and between Top Tier Manpower
with office address at 334,336,338, Boromratchonni Road, Bangbamru,
Bangkok, Thailand 10700, represented by its Managing Director, Mr.
hereinafter referred to as Legal Representative,
and....................................................with postal addressat........................................
represented herein by its ........................................ Mr.
as Employer, set forth the following purposes, terms and stipulations:
The employer shall utilize facilities and services of legal representative
and documenting Thai workers hired through the said, legal
representative for its
operation in __________. It shall also avail of such
services and facilities
for the rehiring of the workers, as appropriate.
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 ___________ of
personnel for employment and that the selection shall
requirements of the employer for all intents and purposes.
The services of the said legal representative shall include medical
processing, documentation, mandatory briefing/orientation on
the working and
living conditions at the country of employment, facilitating
for travel like security and police clearance, passport, etc.
representative shall also, when authorized in writing by employer, sign the
individual employment contract, which shall be binding for all parties.
The legal representative shall also provide facilities and services for the
processing and documentation of workers rehired by the employer under such
terms and conditions as may be agreed upon by the parties.
AND TERMS OF PAYMENT:
The employer shall pay to the legal representative the amount of
US$.............................per selected worker as recruitment service fee for the pre-selection,
documentation, and processing in accordance with the rules
issued by the Ministry of Labor.
The employer shall remit to the legal representative one hundred percent
of the recruitment service fee (net of bank charges) before the
deployment of the candidates.
3.1 The employer shall be solely responsible for and bear the expenses of
permits of accepted workers and payment of worker’s airfare
place of origin to place of destination.
The recruits shall take up employment under the Standard Employment Contract
herein attached which forms an integral part of this Agreement, which
subject to approval by the Ministry of Labor.
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.
AUTHORITY, JOINT AND SOLID LIABILITY OF LEGAL
employer authorizes the legal representative as its exclusive agent and sole
representative in all matters involving the recruitment and hiring
workers for overseas job.
of said authority, the legal representative is granted
the following powers
To represent the employer before any and all government
offices/agencies in Thailand.
To enter into any and all contracts with any persons, corporations,
institution or entity in joint venture or as partner in the recruitment,
hiring and placement of Thai workers.
To sign, authenticate, and deliver all documents necessary to complete any
transaction related to such recruitment and hiring, including making
steps to facilitate the departure of the recruited workers in
with the labor code as amended and its rules and regulations.
5.4 To bring suit, defend and enter into any compromise for and behalf of
5.5 To assume jointly and solidarity with employer any
may arise in connection with the recruitment
and hiring of the workers
including the full implementation of the
REMITTANCE OF FOREIGN EXCHANGE EARNINGS:
6.1 The employer or his legal representative shall assist the employee
a portion of his or her salary through the proper banking
other means authorized by law.
REPRESENTATIVE OF THE EMPLOYER:
7.1 The employer will exert all possible efforts to enhance the welfare and
rights of Thai workers hired under this Agreement in accordance
with the laws
of Thailand, his country of domicile and international
covenants on expatriate
employment and in accordance further with the best
already extended to other workers at the place of
Except for reasons causes by the fault of the employee, force majeure, or
delay, the employer shall transport the worker to the work site
within sixty (60) days from
the date of scheduled departure as specified by
the employer upon filing job requisition.
Should the employer fail to do so
for no valid or justifiable reasons, he shall pay
the worker reasonable
compensation as may be determined by the appropriate
authorities for every
month or 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
the employment contract, or if the delay already exceeds two months
workers elect to cancel the said employment contract, the employer
the employee an additional amount of compensation as may be
the appropriate authorities. In this case, the employer
shall not reimburse
the amount he paid to its legal representative
for documentation and
case of termination of the worker’s employment for cause or as a result of
or serious injury, the employer shall immediately inform the Thai
Labor Attaché and/or
the Ministry of Labor and the employer’s legal
representative about said event.
cases, the employer shall ensure that the benefits due the employee shall
made available to him or his beneficiaries within the shortest time
SETTLEMENT OF DISPUTES:
In case of disputes arising from the implementation of the employment
shall between the employer and the contract worker; all effort
shall be made
to settle them amicably. If necessary, such negotiations be
in cooperation and with the participation of the
Attaché/Embassy/Consulate nearest the site of employment.
In case the amicable settlement fails, the matter shall be submitted to the
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
8.3 In case of dispute involving the Recruitment Agreement, the parties
attempt to resolve them amicably. If the efforts to amicably
settlement fail, then
the dispute shall be referred to the appropriate
courts in Thailand for hearing
and adjudication or to whatever
administrative bodies/courts where
the parties agree to have the dispute
TERMINATION OF AGREEMENT:
This Recruitment Agreement shall be in effect for a minimum period of two
from the date appearing herein below unless sooner terminated by
either party after
thirty (30) days prior written notice. In any case, the
responsibilities of the parties
shall be in effect up to the completion of
the last employment contract
signed with recruited worker and the rights of
under this Agreement must be recognized and terms and
conditions of the contract of employment shall be
strictly adhered to and
complied with. Unless, either party so
notifies the other of its
termination, this agreement shall be automatically
extended or renewed for
another two (2) years.
LANGUAGE OF AGREEMENT:
The agreement is written in English and may be also written with
official language of the country of employment and both copies
deemed binding on the parties.
This Contract shall be the law between parties and shall be interpreted in
accordance with the laws of Thailand but not to the exclusion of and
prejudice to the
laws of the country of employment, international laws,
covenants and practices.
WITNESS WHEREOF, we have hereunto set our hands, this _____ day of
_____________ 2008 in________________, _________________.
(Mr. Surachai Wangwattananukul)
Top Tier Manpower Co., Ltd.