.
,GUIDE ONLY"
RECRUITMENT AGREEMENT
BETWEEN
(Name of Company/Philippine Representative)
And
(Name of Foreign PrinciPal)
This Recruitment Agreement entered into by and between
with office address at
Represented by its President/General Manager/Proprietor
hereinafter referred to as Legal Representative and
hereinafter referred to as the Employer / Foreign Principal, set forth the following purposes, terms and
stipulations:
1.0 GENERAL PROVISIONS
i.1 The Employer/Foreign Principal shall utilize facilities and services of
for the'puipose of pre-selecting, recruiting, processing and documenting Filipino 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 Manila of personnet for employment and that selection shall satisfy the
requirements of the employer for all intents and purposes'
1.3 The services of the said Representative shall include, but not limited to, medical examination,
processing, documentation, mandatory briefing/orientation on the working and living conditions at
ine country of employment, facilitating documentation for travel like security and police clearance,
passports, etc.
The Representative shall also, when authorized in writing by the Principal, sign the individual
employment Agreements which shall be binding for all parties.
1.4 The Representative shall also provide facilities and services for the processing and
documentation of workers rehired by the Principal under such terms and conditions as may be
agreed upon by the Parties.
1.5 Fees Against Workers
(opTtoNAL... NOT AppLtCABLE TO PRTNCIPALS / COMPANIES ADHERING TO A POLICY
OF NOT CHARGING ANY FEES AGAINST THE WORKERS)
As may be appropriate and agreed upon by the parties, an additional clause on fees against the
workers may be incorporated to read as follows:
,'The pRINCIPAL approves and fully concurs with the imposition by the COMPANY I
REPRESENTATIVE oi fees against the workers in accordance with the rules and regulations of
the Department of Labor and Employment. The pertinent provisions of which are attached and
shall form part of this agreement."
It is understood that no other fees in whatever form, manner or purpose shall be imposed upon
the worker by the agency. All payments made by the worker shall be covered by appropriate
receipts.
2.0 FEES AND TERMS OF PAYMENT
2.1 The Employer shall pay to the Legal Representative the sum of US$- per
selected worker as minimum mobilization fee (MMF) for the pre-selection, documentation and
processing in accordance with the rules and regulations issued by the Department of Labor and
Employment. Such payments shall not in any manner be levied on the accepted applicants by
either the representative or the Principal.
2.2 A service fee of per selected worker and
per rehires shall also be paid by the representative.
3.0 TRAVEL ARRANGEMENT
3.1 The Employer shall be solely responsible for and bear the expenses of securing entry visa / or
work permiis of accepted workers and their ticketing including the payment of travel tax except
when it shall, upon payment of the cost, request its legal representative to arrange for the travel of
the workers.
4.0 EMPLOYMENT
4.1 The recruits shall take up employment under the master contract of employment herein attached
as Annex "8" and under the wage schedule as attached, which form an integral part of this
Agreement which are subject to approval by the Department of Labor and Employment.
4.2 In case of renewal of Employment Contract between the Employer and the same Employee, said
Employee may be entiiled to reasonable adjustment in salary and benefits in accordance with the
Company's pay-scale and practices.
5.0 AUTHORITY, JOINT AND SOLIDARY LIABILITY OF LEGAL REPRESENTATIVE
The Employer / Foreign Principal authorizes the Legal Representative as its exclusive agent and
sole representative in all matters involving the recruitment and hiring of Filipino workers for its
overseas projects.
By virtue of said Authority, the Legal Representative is granted the following powers and
obligations:
S.1 To represent the Employer / Principal before any and all government and private offices /
agencies in the PhiliPPines.
joint
5.2 To enter into any and all contracts with any persons, corporation, institutions or entity in a
venture or as pirtner in the recruitment, hiring and placement of Filipino contract workers for
overseas emPloYment.
S.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.
s.4 To bring suite, defend and enter into any compromise for and in behalf of the Employer / Principal
in litigations involving the hiring and employment of Filipino contract workers for said Principals.
S.5 To assume jointly and solidarily with the foreign principal and liability / responsibility that may arise
in connection with the recruitment and hiring of the workers including the full implementation of
the employment contract.
6.0 REMITTANCE OF FOREIGN EXCHANGE EARNINGS
6.1 The Employer and his Legal Representative shall undertake the remittance of at least percent
of the worker's monthly salary to his designated beneficiaries in the Philippines through
- the
normal banking channels as mandated by Central Bank Circular No. 361 and Rule V, Section 14
(b) of the Rules and Regulations lmplementing the Labor Code, as amended. The Employer and
its Legal Representative shall provide the necessary facilities to effect such remittance in the
easiest and most effective way possible and assist in the monitoring of the worker's foreign
exchange earnings. lt is understood that the Principal assumes primary responsibility in the
undertaking. However, the Legal Representative shall be held jointly liable with the Principal and
shall immediately assume payment thereof upon orders of the Ministry in case of failure or
unnecessary i unexplained delay in the remittance of that portion of the salary intended for his
duly designated beneficiary.
7.0 RESPONSIBILITIES OF THE EMPLOYER
7.1 The Employer will exert all possible efforts to enhance the welfare and protect the rights of Filipino
workers hired under this Agreement in accordance with the laws of the Philippines, 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 its worksite.
7.2 Except for reasons caused by the fault of the Employee, force majeure, or flight delay, the
Employer shall transport the worker to the worksite within thirty (30) days from the date of
scheduled departure as specified by the Employer upon filing of job requisition. Should the
Employer had 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 a 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 (2) months or
the worker elects 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 be reimbursed 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 Philippine Embassy / Labor Attache nearest the
siie of employment and / or the POEA and the Employer's Legal Representative about said
event.
In case of death of the Employee, the Employer shall bear the expenses for the repatriation of the
remains of the Employee and his personal properties to his relatives in the Philippines, or if
repatriation is not possible under certain circumstances, the proper disposition thereof, upon
previous arrangement with the worker's next of kin, or in the absence of the latter, the nearest
Philippine Labor Attache or Embassy / Consulate'
In all cases, the Employer shall insure that the benefits due the Employee shall be ade available
to him or his beneficiaries within the shortest time possible.
