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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 COMPANY’s 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 COMPANY’S 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

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