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RECRUITMENT
AGREEMENT
This Recruitment Agreement entered into by and between Top Tier Manpower
Co., Ltd.,
with office address at 334,336,338, Boromratchonni Road, Bangbamru,
Bangplad,
Bangkok, Thailand 10700, represented by its Managing Director, Mr.
Surachai
Wangwattananukul,
hereinafter referred to as Legal Representative,
and....................................................with postal addressat........................................
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. Surachai Wangwattananukul)
……………….
Managing Director
……………………….
Top Tier Manpower Co., Ltd.

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