RECRUITMENT AGREEMENT

This Recruitment Agreement entered into by and between Sapa International Recruitment Service Co., Ltd, with office address at 161/410-1, Moo 9, Viphavadee Rangsit Road, Kwaeng Talad Bangkhen, Khet Don Muang, Bangkok 10210, Thailand, represented by its Managing Director, Mr. Ponraphat Pongpan, hereinafter referred to as Legal Representative,
and....................................................with postal address at........................................................................... represented herein by its ........................................ Mr. ................................................... hereinafter referred to as Employer, set forth the following purposes, terms and stipulations:

1. GENERAL PROVISIONS:

    1.1. The employer shall utilize facilities and services of legal representative for processing 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.

    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 ___________ of personnel for employment and that the selection shall satisfy the requirements of the employer for all intents and purposes.

    1.3 The services of the said legal representative shall include 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, passport, etc.

The legal representative shall also, when authorized in writing by employer, sign the individual employment contract, which shall be binding for all parties.

    1.4 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.

2. FEES AND TERMS OF PAYMENT:

    2.1 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 and regulations issued by the Ministry of Labor.

    2.2 The employer shall remit to the legal representative one hundred percent (100%) of the recruitment service fee (net of bank charges) before the scheduled deployment of the candidates.

3. TRAVEL ARRANGEMENT:
 

    3.1 The employer shall be solely responsible for and bear the expenses of securing work permits of accepted workers and payment of worker’s airfare ticket from place of origin to place of destination.

4. EMPLOYMENT:

    4.1 The recruits shall take up employment under the Standard Employment Contract herein attached which forms an integral part of this Agreement, which are subject to approval by the Ministry of Labor.

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. AUTHORITY, JOINT AND SOLID LIABILITY OF LEGAL
    REPRESENTATIVE

The employer authorizes the legal representative as its exclusive agent and sole representative in all matters involving the recruitment and hiring of Thai workers for overseas job.

By virtue of said authority, the legal representative is granted the following powers of obligations:

    5.1 To represent the employer before any and all government and private offices/agencies in Thailand.

    5.2 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.

    5.3 To sign, authenticate, and deliver all documents necessary to complete any transaction 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 amended and its rules and regulations.

    5.4 To bring suit, defend and enter into any compromise for and behalf of the employer.

    5.5 To assume jointly and solidarity with employer 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. REMITTANCE OF FOREIGN EXCHANGE EARNINGS:

    6.1 The employer or his legal representative shall assist the employee in remitting a portion of his or her salary through the proper banking channels or
other means authorized by law.

7. REPRESENTATIVE OF THE EMPLOYER:

    7.1 The employer will exert all possible efforts to enhance the welfare and protect the 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 possible treatment already extended to other workers at the place of employment.

    7.2 Except for reasons causes by the fault of the employee, force majeure, or flight 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 employer cancel the employment contract, or if the delay already exceeds two months and the workers elect 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 reimburse 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 Thai Labor Attaché and/or the Ministry of Labor and the employer’s legal representative about said event.

In all cases, the employer shall ensure that the benefits due the employee shall be made available to him or his beneficiaries within the shortest time possible.

8. SETTLEMENT OF DISPUTES:

    8.1 In case of disputes arising from the implementation of the employment contract shall between the employer and the contract worker; all effort shall be made to settle them amicably.  If necessary, such negotiations be undertaken in cooperation and with the participation of the Thai 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 dispute involving the Recruitment Agreement, the parties thereto must 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 settled.

9. TERMINATION OF AGREEMENT:

    9.1 This Recruitment Agreement shall be in effect for a minimum period of two (2) years 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 workers recruited 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.

10. LANGUAGE OF AGREEMENT:

    10.1 The agreement is written in English and may be also written with the official language of the country of employment and both copies shall be deemed binding on the parties.

11. GOVERNING LAW:

    11.1 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.

IN WITNESS WHEREOF, we have hereunto set our hands, this _____ day of _____________ 2008 in________________, _________________.

 

___________________________                                  __________________________
       (Mr. ………………………)                                                (Mr. Ponraphat Pongpan)

               ……………….                                                                   Managing Director
         ……………………….                                                 Sapa International Recruitment
                                                                                                    Service Company Limited