Whereas, M/s .................................... With commercial registration No ......................... and main office address post box ..................... Saudi Arabia/ UAE / Qatar / etc (country of employment) represented by its manager Mr. ........................ Referred hereinafter as the "FIRST PARTY" is in need of importing manpower from Nepal to employ.
Whereas, Sagun Overseas Services (P) Ltd, the government approved manpower-recruiting agency, having the address GPO. Box 323 Kathmandu Nepal, with HMG Licence No. 396/060/61Represented by it's .................. Referred hereinafter is the "SECOND PARTY" is in position to recruit and supply such workers to the first party subject to the following term and conditions.
Now, therefore, this manpower recruitment agreement is here by concluded between the first and second party on ............... 2003 A.D
Terms and Conditions
1. The FIRST PARTY shall issue the demand letter to the SECOND PARTY mentioning the number of worker requirement, rate of salary other service condition including the power of attorney (authorizing the SECOND PART) to recruit and expatriate the worker from Nepal 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 condition necessary to import and supply. In case of any conflict between government rule and the conditions of this contract, this deed to agreement shall be deemed as Null and Void.
3. The FIRST PARTY shall provide with Visa/ NOC work permit of the workers from the government authority, together with their necessary relevant document. In case of not issue of visa due to any changes in government policy, the FIRST PARTY shall be responsible for the recruitment expenses.
4. The earning of the worker per month shall be as per the attached demand letter shown against each category.
5. The SECOND PARTY shall make sure that workers recommended for the FIRST PARTY are examined by an approved (G.C.C) Nepalese Doctor to appoint by the employer of the concerned government. 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 for the receiving the worker 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 responsibility for recruitment of the workers from Nepal exactly as per trade, 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 received of Visa advice and other allied required documents.
8. The FIRST PARTY agrees to bear the compensation in case of death and injury of the workers and also agrees to bear the cost of transport to dead body to Nepal as per the Labours law of country concerned.
9. The worker will be interviewed, tested and selected by representative of the employer or by second party on his behalf.
10. 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.
11. The FIRST PARTY ensures to provide the worker with free accommodation, free food and other necessary amenities, including medical and insurance coverage.
12. The FIRST PARTY agrees to enter into agreement with SECOND PARTY to supply Nepalese manpower of the different categories such as ex- serviceman, skilled, semi-skilled and unskilled workers, the numbers and qualification in respect thereof are to be specified by the FIRST PARTY through demand letter.
13. The FIRST PARTY agrees to advise to the SECOND PARTY of its personnel requirement from Nepal through cable, telex or letter, specifying, personnel requirements, their respective descriptions , salaries , other term and conditions and the desired mobilization date on the respective site.
14. 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 listed qualified candidates who are ready for final interview and selection. The FIRST PARTY has the right to either send his representative or gives the SECOND PARTY the right to select, process and send such qualified workers at the SECOND PARTY full guarantee.
15. 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. However , if the situation arises regarding changes or replacement, then the SECOND PARTY shall take prior written approval from the FIRST PARTY for such replacement or changes.
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 detail by any means of communication so as to receive them on arrival.
d) The SECOND PARTY shall orient the selected worker with culture orientation program including social customs and government policies of the respective country or kingdom.
e) The SECOND PARTY agrees undertakes to keep all information that it may acquire to get from the FIRST PARTY by virtue of his agreement strictly confidential an he must not disclose the same to any third party during the term of this agreement and for a period of five years after its expiration or termination for any reason whatever.
f) The SECOND PARTY should clearly inform the candidate about the salary is being paid by the FIRST PARTY and any deduction such as Government Tax etc. In case any candidate arrives without correct information and creates any problem to the FIRST PARTY, the candidates will be returned back to the country of origin and cost will be borne by SECOND 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 the 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 is engaged in any illegal or criminal activities, he will be repatriated to Nepal and the cost incurred shall be borne by the worker himself.
FIRST PARTY SECOND PARTY
Authorised Signature & Stamp Authorised Signature & Stamp
