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  Today the current Date is: Sunday, August 01, 2010, AGENSI PEKERJAAN HARU SDN. BHD. Enquiry | News | Profile | Deployment Terms | Terms & Conditions  
     
 
TERMS & CONDITIONS
 
1. The FIRST PARTY shall issue a Demand Letter to the SECOND PARTY mentioning the number of workers requirement, rate of their salary and other service conditions including the power of attorney (authorizing the SECOND PARTY) to recruit and expatriate the workers from Malaysia on behalf of the FIRST PARTY.

2. Both parties herein shall obtain the approval of the respective government to import, recruit and supply the workers as per the rules of both countries in regard to the conditions necessary to import and supply. In case of any conflict between government rules and the conditions of this contract, this deed of agreement shall be deemed as Null and void.

3. The FIRST PARTY shall provide with Visa / NOC work permits of the workers from the government authority, together with other necessary relevant documents. In case of not issue of visa due to any changes in Government policies, the FIRST PARTY shall be responsible for the recruitment expenses.

4. The monthly earning of the worker shall be included as per the attached Demand Letter shown against each category.

5. The SECOND PARTY shall make sure that all workers recommended for the FIRST PARTY are examined by an approved Malaysia doctor. The candidates must possess a valid certificate to the effect of their fitness such as aids, T.B. and infectious or any other diseases. The SECOND PARTY will submit original medical report along with passport copy.

6. The FIRST PARTY will be responsible to receive the workers at the airport in part and as whole as per validity of Visa of the concerned country.

7. The SECOND PARTY is the supplier of the workers and will bear the responsibilities for recruitment of the workers from Malaysia exactly as per trade or may invite the FIRST PARTY or his authorized representative for recruitment of the workers within the stipulated period and not exceeding 45 days from the receipt of visa advice and other allied required documents.

8. The FIRST PARTY agrees to bear the compensation in case of death or injury of the workers and also agrees to bear the cost of transport of dead body to Malaysia as per the labors law of country concerned.

9. There will three (3) months probationary period for all workers; after completion of this period, if any worker is found unfit or unsuitable for the specific job, the worker may be terminated and repatriates at his own cost and the cost will be borne by the SECOND PARTY.

10. The workers will be interviewed, tested any selected by representative of the employer.

11. The SECOND PARTY shall assist the workers in matters relating to immigration formalities, medical test and visa stamping from the relevant Embassy and whatever other relevant matters.

12. The FIRST PARTY ensures to provide the workers with free bachelor sharing accommodation, free food and other necessary amenities, including medical and insurance coverage.

13. The FIRST PARTY agrees to enter into agreement with SECOND PARTY to supply Malaysia manpower of different categories such as skilled, semi-skilled and unskilled workers, the numbers and qualification in respect there of are to be specified by the FIRST PARTY through task orders.

14. The FIRST PARTY agrees to advise to the SECOND PARTY of its personnel requirement from Malaysia through cable, telex or letter, specifying, personnel requirements, their respective job descriptions, salaries, other terms and conditions and the desired mobilization date on the respective site.

15. The SECOND PARTY shall be responsible for short-listing of qualified candidates in conformity with the FIRST PARTY'S requirements notified under Clause 2 above. The SECOND PARTY should notify the FIRST PARTY of such short-listed qualified candidates who are ready for final interview and selection. The FIRST PARTY has the right to either send his representative or give the SECOND PARTY the right to select, process and send such qualified workers at the SECOND PARTY full guarantee.

16. AGENCY FEES : The FIRST PARTY shall not pay and charges or recruitment fees. The SECOND PARTY shall pay to the FIRST PARTY PTA Air Tickets for candidates who are repatriated before the three (3) months probation period. The FIRST PARTY should pay the air ticket for the repatriation after completion of the original contractors to two years.

17. OTHER TERMS AND CONDITIONS:

a. The FIRST PARTY agrees that under no circumstances, has any right to change the candidates, which are selected by the FIRST PARTY pursuant to the authority under Clause 3. However, if the situation require any changes or replacements, then SECOND PARTY shall take prior written approval from the FIRST PARTY for such replacement status report on all position.

b. The SECOND PARTY shall provide the FIRST PARTY with a weekly recruitment status report on all position.

c. The SECOND PARTY shall at his own expenses provide airport assistance to the departing selected workers and inform the FIRST PARTY of their arrival details by any means of communications so as to receive them.

d. The SECOND PARTY shall orient the selected workers with culture orientations program including social customs and government policies of the respective Country or Kingdom.

e. The SECOND PARTY agrees and undertakes to keep all information that it may acquire or get from the FIRST PARTY by virtue of this agreement strictly confidential and must not disclose the same to any reason whatever.

f. The SECOND PARTY should clearly inform the candidate about:-

  • The salary is being paid by the 1st party.
  • Deduction such as Iqama, etc. in case any candidates arrival without correct information and creates any problem to the 1st party, the candidates will be returned back to the country of origin and charges for the same with penalty will be deducted from the SECOND PARTY'S security amount available with us the FIRST PARTY.
g. The workers are not allowed to take part in any kind of political activities and are prohibited to connect themselves with the existing trade unions of the country concerned.

h. The workers are barred from changing their employment during the period of contract with their employer and shall not carry out any money earning activities, business with any individual or company, without written permission from the FIRST PARTY.

i. If any worker is found creating social problems, or engaged in any illegal or criminal activities, he will be repatriated to Malaysia and the cost incurred shall be borne by the worker himself.