MANPOWER SUPPLY AGREEMENT

This Agreement is made and entered into the......day of.....2011   by and between the Offices of :

……………………………………., a company duly incorporated under the Laws of .......... and having its head office  at :

Address                       :          

Telephone                    :          

Fax                              :          

E-mail                          :          

Represented by           :          

Title                             :          

(Hereinafter referred to as “The Employer”) of the one part,

and

INTERNATIONAL SUPPLYING MANPOWER & CONSTRUCTION JSC (NIBELC)

Business address at National Highway 1A, Km 10 Ninh Binh – Hanoi, Gia Tran Commune, Gia Vien District, Ninh Binh Province 

Hanoi office:            4th Floor, Rainbow Building, B - CQ1 Lot, Van Quan

Yen Phuc New Urban, Van Quan, Ha Dong, Ha Noi

Telephone:                   (84-4) 3311 3686;  (84-4) 3311 3688

Fax:                             (84-4) 3311 3669

Represented by:          PHAN PHUONG NGUYEN

Title :                           CHAIRMAN

 (Hereinafter referred to as “The Supplier”) of the other part.

WITHNESSETH THAT

• Whereas, “The Employer” is a legal contracting company in ....... in employment of foreign workforce for execution of construction and maintenance activities (mechanical, electrical and instrumentation) in civil & industrial fielts of “The Employer” in .......
• And whereas, “The Employer” has invited “The Supplier” to select and supply appropriate and suitable/qualified Vietnamese workforce (Hereinafter reffered to as “The Laborer” in meaning of either individualy or collectively) to “The Employer” for execution of the works of “The Employer” in ....... “The Supplier” has agreed in accordance with the terms and conditions stipulated herein.

Now, therefore, for and in consideration of the mutual promises and convenants after discussions and on the basic of mutual benefits, the two parties hereby agree to sign and commit to execute this Agreement with the following terms and conditions :

Article 1 :  General Provisions.

1.1 “The Employer” and “The Supplier” shall ensure of their duly legal status in signing of this Agreement and commit to strictly and duly implementation of the agreed terms and conditions in this Agreement.

1.2 This Agreement will be valid in …. (…) years  commencing from the first day of arrival of “The Laborer” supplied by “The Supplier” in ...... When this Agreement expires, “The Employer”, “The Supplier”  and “The Laborer” may agree in written to extend it if necessary and at least three (03) months before this Agreement expires.

1.3 The basic working time shall be ….. hours per day, …. hours per week. “The Employer” and “The Laborer” may agree to work overtime or night shift as works required and in accordance with the Labor Law of ....... .

1.4 Every……… shall be regarded as a weekly holiday, other official holidays shall comply with “The Employer’s” regulations and in accordance with the Labor Law of..........

1.5 “The Laborer” shall have …..days-off as annual leave for each year of this Agreement and shall be paid by “The Employer” with an amount equivalent to full monthly basic salary.

1.6 During execution of this Agreement, the Agreement’s terms and conditions can be adjusted, added upon mutual agreement of both parties.

1.7 Within the Agreement’s term, if there is any differences between this Agreement and the Employment Contract between “The Employer” and the laborer of “The Supplier” as stipulated in Clause 3.3 of Article 3 hereunder of this Agreement , terms of this Agreement shall be applied first with priority.

1.8 Any “The Laborer” will be sacked because of his violation of working regulations or working disciplines of “The Employer” according to Labour Law of .......... and/or because of any his failure in execution of terms and conditions stipulated in the Employment Contract by and between “The Employer” and the “The Laborer” .

Article 2 : Working conditions.

2.1 “The Employer” shall assign jobs and working places to “The Laborer” in accordance with his occupation.

2.2 “The Employer” shall not assign to “The Laborer” dangerous, poisonous jobs or jobs in areas where there are difficult and hash working conditions which are not stipulated in this Agreement and not approved by “The Supplier” and its “The Laborer”.

2.3 “The Employer” shall at its own cost provide all working safety equipment to “The Laborer” in order to insure labor safety and hygienic working conditions stipulated in the Labour Laws of ........ and in accordance with the regulations of “The Employer”. 

Article 3 : “The Employer’s” Obligations.

Under the terms and conditions of this Agreement, “The Employer” shall undertake the followings :

3.1 “The Employer” will issue “The Supplier” with a Demand Letter for selection, recommendation and supply of the workmen of “The Supplier” to “The Employer” in accordance with the numbers of labor, job categories to be recruited and selection criteria by “The Employer”.

3.2 Upon receipt of an official written letter by “The Supplier” on the selection of candidates for recruited workmen to “The Employer”, “The Employer” shall at its own cost for airtickets dispatch its engineers or specialists to Vietnam for interviewing and trade testing of all selected candidates by “The Supplier” at the office and facilities of “The Supplier”. Hotel, food and transportation for “The Employer’s” engineers or specialists during the time of their recruitment in Vietnam will be born by “The Employer”.

3.3 Upon arrival of each recruited “The Laborer” in ........, “The Employer” shall sign with him an English-..... Employment Contract prepared by “The Employer” and base\ on this Agreement. The individual monthly basic salary, overtime wage rate for each recruited “The Laborer” by “The Employer”, as agreed between “The Employer” and “The Supplier”, shall also be fixed in this Employment Contract.

The form of this Employment Contract shall be provided to “The Supplier” in advance by “The Employer” for approval before “The Supplier” dispatches its recruited “The Laborer” by “The Employer” to .........

3.4 “The Employer” shall at its own cost arrange and complete all necessary formalities in .......... for “The Laborer” including application for entry visa from Imigration Office of ........ , exit visa when “The Laborer” repatriates to Vietnam upon his termination of the Employment Contract as per Clause 3.3 hereabove and other formalities required by relevant State authorities of ........ and in accordance with the Labour Law of .......  

3.5 “The Employer” shall pay transportation expense for “The Laborer” including return air tickets from the international airport of Vietnam nearest to the point of origin for each recruited “The Laborer” to the final destination or place of emloyment in ......... and back when he repatriates to Vietnam after the termination of his Employment Contract with “The Employer”.

3.6 “The Employer” shall take full responsibility at its own cost:

1)      To insure basic living condition including leisure facilities after work such as TV room with television set, etc. for “The Laborer” of “The Supplier” ;

2)      To provide suitable mess/cooking facilities, accommodation with bedings and bathroom utilities and medical care free of charge to “The Laborer” of “The Supplier” in accordance with the Labour Law of ......;

3)      To provide inland transportation to “The Laborer” of “The Supplier” from their accomodation to working place and back and if “The Laborer” of “The Supplier” are required to work at location remote from their accommodation.

4)      To cover taxes (if any) for “The Laborer” of “The Supplier” in ......... and on behalf of “The Laborer” of “The Supplier” to compensate and to claim the insurance companies for compensation in accordance with the Labour Laws of ........ whenever “The Laborer” of “The Supplier” gets labour accident or occupational disease.

5)      To bear expenses for funeral, for cremation, for taking the remain and the belongings of the deceased to Vietnam if “The Laborer” of “The Supplier” dies of any reason in .........  

6)      To pay the compensation to the deceased's family in case “The Laborer” of “The Supplier” dies of labour accident or occupational disease in accordance with the Labour Law of ....... besides the compensation paid by insurance companies.

7)      To pay the compensation equivalent to 06(six) months basic salary of remaining period and to bear air ticket, exit visa for each “The Laborer” of “The Supplier” in case that employment duration of “The Laborer” of “The Supplier” is not yet obtained to ..... (....) years as stipulated in Clause 1.2 of Article 1 due to the fault of  “The Employer” being pertained to by the relevant State Authorities of ..........  

8)      To pay the penalty to “The Supplier” in case that “The Employer” can not arrange or delay the arrangement of working visa for recruited “The Laborer” of “The Supplier” in the period of over three (03) months. The payment of penalty will be discussed and decided by the two Parties.    

3.7 In case as stated in Clause 1.8 of Article 1 of this Agreement about the sack of “The Laborer” of “The Supplier”, so before the sack, “The Employer” shall be responsible to provide “The Supplier” following documents:

a) Written notice informing “The Supplier” of the cause of such sack.

b) Decision of “The Employer” on the sack of such “The Laborer” of “The Supplier”.

Article 4 : “The Supplier’s” Obligations.

Under the terms and conditions of this Agreement, “The Supplier” shall undertake the followings :

4.1 “The Supplier” shall, upon the receipt of  the written request of “The Employer”, the Demand Letter and etc. by “The Employer”, select suitable and experienced candidates for recruitment of “The Employer” with job categories, quantity and basic salary of each job in accordance with the requirement of “The Employer” in the Demand Letter and agreed quotation of “The Supplier” (if any) as an Annex of this Agreement by the two parties.

4.2 “The Supplier” shall pre-interview and pre-qualify all applicants in order to ensure their suitability and character for the position offered and shall verify all their personal documents presented by the applicants before issuance of the official written request to “The Employer” for the final interview and trade testing by “The Employer” as per Clause 3.2, Article 3 hereabove of this Agreement.

4.3 “The Supplier” will provide “The Employer” with a list of successful candidates, their medical fitness status upon completion of pre-interviewing and pre-qualification by “The Supplier” as per Clause 4.2 hereabove for the final interview and trade testing by “The Employer” .

4.4 “The Supplier” shall arrange that “The Supplier’s” recruited “The Laborer” are medically examined by a Vietnamese State hospital which is assigned by the Ministry of Labour of Vietnam to execute medical examination for all Vietnamese workers overseas, to ensure that the recruited “The Laborer” by “The Employer” are physically fit in all respects and suitable for employment. 

4.5 “The Supplier” shall ensure that “The Supplier’s” recruited “The Laborer” are holders of valid passports and visas at the time of their departure and shall obtain the necessary visas from Consulate or Embassy of ....... “The Supplier” shall also obtain any necessary approvals from authorities in Vietnam to enable its recruited “The Laborer” by “The Employer” to travel to .........

4.6 “The Supplier” shall bear expense for transportation of its recruited laborers by “The Employer” within Vietnam including transportation from their residence places to the airport in Vietnam and back when they repatriate from ........  

4.7 “The Supplier” shall bear air ticket to Vietnam for any of its recruited laborers by “The Employer” who is sacked and repatriated to Vietnam because of the reasons as stipulated in Clause 1.8 of Article 1 of this Agreement .

4.8 “The Supplier” shall inform “The Employer” of the departure dates for the requested number of its recruited laborer by “The Employer” at least two (02) days prior to their departure to ....... “The Supplier’s” recruited “The Laborer”  shall not depart from Vietnam until “The Supplier” has obtained in writing (including telex/telefax/e-mail instruction) “The Employer’s” final approval of their departure.

4.9 In the process of supply of workmen to “The Employer”, “The Supplier” shall observe any written instructions given by “The Employer”, unless, such instructions are effected after the processing of the visas.

4.10 “The Supplier” will on behalf of its recruited laborer by “The Employer” to remit his money to his family in accordance with the mutual agreement between “The Supplier” and the recruited “The Laborer” by “The Employer”.

Article 5 : Salary and payment conditions.

5.1 Each “The Supplier’s” recruited “The Laborer” by “The Employer” shall be paid his full mothly income including monthly basic salary, overtime wage and bonus (if any) as stated in Clause 1.3, Article 1 of this Agreement by “The Employer” in accordance with his job category and monthly basic salary rate as well as overtime or night shift wages rate as stated in the Demand Letter by “The Employer”, his Employment Contract with “The Employer” and an agreed Annex of this Agreement (if any).

5.2 If any “The Supplier’s” recruited “The Laborer” by “The Employer” is unable to work due to injury or illness by work accident then “The Employer” shall be responsible to pay through medical insurance, based on his medical certificate ......% of his monthly basic salary as stated in Clause 6.1 above to that “The Laborer” in accordance with the Labour Law of .......

5.3 Wages of overtime work and holiday of “The Supplier’s” recruited laborers by “The Employer” shall be minimized at the rate of …% of hourly basic salary for one hour of overtime working in normal days, ….% of hourly basic salary for one hour of overtime working in holidays and night shift as stipulated in Clause 1.3 of Article 1 of this Agreement and in accordance with the Labour Law of ........

5.4 All payments made by “The Employer” to “The Supplier’s” recruited “The Laborer” such as their monthly basic salary, overtime salary and bonus (if any) shall be paid in .......of .... with the US$ exchange rate of the National Bank of ..... at the payment by “The Employer” directly to each “The Laborer” of “The Supplier” in time as stipulated by the Labour Law of ...... and per regulations of “The Employer”.

Article 6:  Termination of the Agreement.

This Agreement will be terminated in following cases:

6.1 This Agreement expires and not extended.

6.2 The two Parties agree to terminate the Agreement.

6.3 Actions of racial discrimination, of beating or of maltreatment imposed on “The Supplier’s” recruited “The Laborer” are not terminated after the request from “The Supplier”.

6.4 Violation by “The Employer” of the due date for payment of the wages of “The Supplier’s” recruited “The Laborer” as stipulated in Article 6 hereabove of this Agreement once with the delay of more than 14 days or twice with the delay of more than 07 days and without acceptance of “The Supplier’s” recruited “The Laborer” .

6.5 “The Employer” neglects to carry out the obligations to insure the interest of “The Supplier’s” recruited “The Laborer” stipulated in this Agreement.

6.6 “The Employer” does not pay the recruitment fees as per Article 5 of this Agreement to “The Supplier” . 

6.7 This Agreement can not be executed due to the force majeure such as natural  disasters, war, strike, mobilization, civil commotion, revolt or riot, Government confiscation, decisions by Government authorities or causes beyond “The Employer’s” control. In this case, “The Supplier” has rights to repatriate its “The Laborer” to Vietnam and “The Employer” shall bear air ticket, exit visa for “The Supplier’s” recruited “The Laborer” and pay all the due payment for “The Laborer” directly to “The Supplier’s” recruited “The Laborer” or to remit such payment to “The Supplier” . 

6.8 In case of termination before expiry of this Agreement for any reasons and the  Employment Contract between “The Employer” and “The Supplier’s” recruited “The Laborer” as stipulated in Clause 3.3 of Article 3 of this Agreement is still valid, both Parties’ responsibilities for “The Supplier’s” recruited “The Laborer” shall be effective until the Employment Contract expires.

Article 7 : Settlement of Disputes

7.1 “The Employer” shall agree and certify that “The Supplier” is the only lawful attorney and on behalf of “The Supplier’s” recruited “The Laborer” to settle all disputes between “The Employer” and “The Supplier’s” recruited “The Laborer” arising during the employment term in ........

7.2 In the event a dispute arises out of this Agreement or in connection therewith, the Parties shall first endeavour to reach an amicable settlement through negotiation. And if it is not possible at that time, the dispute will be finally settled under the Rule of Conciliation and Arbitration in the Singaporean Arbitration Centre by one or more arbitrators appointed in accordance with this rule. Decision of this Arbitration will be final and binding the two Parties.

In witness whereof, the Parties hereof have duly executed this Agreement in two (02) original copies in English of equal validity, through their duly authorized representatives as of the day and year first above written. Each Party shall keep one (01) original for execution.

For and on behalf of                                                For and on behalf of

 “The Employer”                                                                 “The Supplier”

 

 

-----------------------------                                             -- -----------------------------------

Name :                                                                              Name : PHAN NGUYEN PHUONG

Title   :                                                                              Title  :   CHAIRMAN