RECRUITMENT CONTRACT
This Agreement is entered into this 15 of February 2008
by and between:
Co.,Ltd, a company organized and existing in
the laws of republic of
. with its office address at
.. and represented in this Agreement by
in his capacity as Director , and hereinafter
referred to as COMPANY,
AND
PT. TOTALDATA PERSADA,
a corporation duly organized and existing under the laws
of Indonesia, with office address at Jl. Raya
Jatikramat 8 Jatimakmur Pondok Gede 17421 Bekasi, and
represented herein by Robert S.M.K. Silitonga, in
his capacity as C.E.O, hereinafter referred to as
CONSULTANT.
1.
General
The services to be provided by the CONSULTANT shall be
the supply from time to time of qualified candidates
(CANDIDATES) with specialist expertise for potential
employment with the COMPANY. The COMPANY at its option,
and in its sole discretion, may also request the
CONSULTANT to perform certain additional services as
described in Article 3.2. The services shall be
performed in accordance with this contract as set forth
herein.
2. Request for CANDIDATES
2.1.
If the COMPANY requires the services of any CANDIDATE(S)
the COMPANY shall notify the CONSULTANT by means of a
written request. The CANDIDATE request shall include a
description of each position to be filled, the necessary
qualifications, the estimated period of employment, the
remuneration and the location of the COMPANY office
where each such position will be based.
2.2.
Upon receipt of such request, the CONSULTANT shall:
(i) notify the COMPANY of the availability of any
CANDIDATES(S) to fill such position(s);
(ii) provide a breakdown of the estimated annual costs
associated with each such CANDIDATE with respect to each
position based upon COMPANY guidelines if remuneration
and allowances have not already been stipulated by the
COMPANY; and
(iii) Provide a copy of the curricula vitae of each such
proposed CANDIDATE.
The COMPANY shall, as soon as practical thereafter,
notify CONSULTANT whether it will interview any
CANDIDATE(S) proposed by the CONSULTANT. The CONSULTANT
shall then cooperate with the COMPANY to arrange
interviews for the selected CANDIDATE(S) at the
locations and times as determined by the COMPANY
3. Hiring of Selected CANDIDATES
3.1.
The COMPANY shall, within a reasonable time after the
interview process is complete, notify the CONSULTANT as
to which (if any) CANDIDATE(S) it provisionally accepts
for employment by the COMPANY. If the COMPANY has
accepted no CANDIDATE(S), CONSULTANT shall (unless
COMPANY directs otherwise) propose additional CANDIDATES
for the COMPANYs consideration in accordance with
Article 2.1.
3.2. The COMPANY may request that the CONSULTANT
to provide certain additional services in connection
with the mobilization and transfer of EMPLOYEES such
as providing or arranging for the procurement of any
permits and other reasonably necessary support for
EMPLOYEES and their immediate families (limited to
spouse and dependent children) as may be required for
the efficient performance of the EMPLOYEES duties or
assisting the COMPANY in connection with such activities
or assisting EMPLOYEES in respect of any administrative
requirements in connection with immigration, import and
export clearance of personal effects and any other
similar formalities, at the COMPANYS cost (if any)
3.3. Each EMPLOYMENT CONTRACT shall contain
provisions allowing the COMPANY to terminate such
EMPLOYMENT CONTRACT within three (3) months of the date
the EMPLOYEE commences work at the direction of the
COMPANY (the PROBATIONARY PERIOD) if, as determined by
the COMPANY in its sole discretion (acting reasonably),
such EMPLOYEE:
(i)
is not cooperative;
(ii)
is guilty of any misconduct;
(iii)
is careless;
(iv) is
not qualified to perform the work assigned to him/her;
(v)
is incompetent or negligent;
(vi)
commits any acts or omissions prejudicial to health,
safety or protection of the environment; or
(vii)
breaks any of the local country laws
(viii)
for any other reasonable cause.
3.4.
If, during the PROBATIONARY PERIOD, the EMPLOYMENT
CONTRACT is terminated as contemplated in Article 3.3 or
the EMPLOYEE resigns, quits or otherwise gives
indication (explicit or implied) that he /she intends to
resign, quit or terminate his/her employment with the
COMPANY, the COMPANY shall notify CONSULTANT of the
same. Upon receipt of such notification, the CONSULTANT
shall immediately will replace /introduce with a new
candidate(s) to the company instead of refunding the
amount incurred by the COMPANY to the CONSULTANT as
compensation.
If the amounts referred to in this Article 3.4 above
have not yet been paid by the COMPANY as at the date
notification is sent by the COMPANY, the COMPANY shall
be under no obligation to pay such amounts.
3.5. Each
CANDIDATE selected for employment will undergo a
standard
medical within one week of arriving
in
...
4. Compensation
For each CANDIDATE proposed by the CONSULTANT who is
hired by the COMPANY pursuant to an EMPLOYMENT CONTRACT
hereunder, the COMPANY shall pay or cause to be paid to
the CONSULTANT in full and final compensation and in
consideration for all of the services to be provided
under this CONTRACT with respect to such EMPLOYEE,
including any additional services provided pursuant to
Article 3.2, a one time lump sum payment which shall be
US$
per candidate. The payment becomes
valid for invoice purposes on the first day the EMPLOYEE
starts work.
5. Payment Terms and Invoicing
5.1. The CONSULTANT shall submit to the COMPANY duly
prepared invoices in respect of expenses and
compensation due pursuant to Article 4 together with
copies of all supporting documentation.
5.2. COMPANY shall make payments within 7 days
of receipt of correct invoices.
5.3. Details of the CONSULTANT's Bank Account for
payment shall be advised to COMPANY upon signing this
Contract.
6. Duration
of services
The duration of the services of the CONSULTANT to be
performed under this Contract shall be for Two Years
from the effective date first written above.
Thereafter, the COMPANY shall have the right, at its
sole discretion, to extend the services for one
additional year or part thereof on the basis of the same
rates, terms and conditions.
7. Governing Law
This Contract shall be governed by and construed in
accordance with the laws of the Republic of ............
8. Settlements of Disputes
8.1. The PARTIES shall endeavor to settle by good faith
negotiation any dispute, difference, controversy or
claim of any kind arising between them out of or in
connection with this contract.
8.2. In case of failure to settle the dispute,
difference, controversy or claim by such negotiation
within thirty (30) days or such other period as the
PARTIES may agree, the claimant may notify the other
PARTY of its intention to submit the dispute to
arbitration in accordance with the Rules of Arbitration
of the International Chamber of Commerce. The
arbitration shall be conducted by three arbitrators
appointed in accordance with said rules. The language
of the arbitration shall be English and the place of
arbitration shall be
... The arbitral award shall be
in English and be final and binding upon the PARTIES and
all rights of appeal are hereby excluded.
8.3. Notwithstanding any dispute or arbitration arising
hereunder, the PARTIES shall continue to perform their
respective obligations under this contract unless the
PARTIES otherwise agree.
9. Termination
The COMPANY may terminate this contract at any time by
giving a 30 days written notice to the CONSULTANT.
For and in behalf
of
For and in behalf of
________________________
ROBERT S.M.K. SILITONGA
Co.,Ltd
PT. TOTALDATA PERSADA
Director
C.E.O
Power of Attorney
Demand
Letter
Recruitment
Agreement
Employment
Contract
