SERVICE AGREEMENT BETWEEN FOREIGN DOMESTIC WORKER EMPLOYER AND EMPLOYMENT AGENCY

Transcription

1 Employment Agency Ref No. : SERVICE AGREEMENT BETWEEN FOREIGN DOMESTIC WORKER EMPLOYER AND EMPLOYMENT AGENCY Partes to ths agreement are to retan a sgned copy of ths agreement. Ths Servce Agreement s dated (dd/mm/yyyy) and made between: (A) Full Name of Employment Agency ( Agency ) : JLK Employment Servces Employment Agency Lcense Number : 02C3501 Regstered Busness Address : 317 Outram Road #B1-35 Concorde Shoppng Centre. Sngapore (B) Full Name of Employer ( Employer ) : NRIC/Passport Number : Address : * Delete where approprate n the contract. It s hereby agreed between the partes that: 1 Appontment of Servces 1.1 The Employer hereby apponts the Agency to secure the servces of a Foregn Domestc Worker (FDW) (set out n the Servces & Fees Schedule) for a contract of servce on the terms and condtons that appear below The perod of ths Servce Agreement shall be from the date of sgnng ths Servce Agreement for a perod of TWO (2) years or the valdty of the work permt whchever s shorter, and subject to the clauses 3-5 on Replacement and Refund. The Agency shall handover the FDW to the employer wthn TWO (2) month(s) after obtanng the Letter of Notfcaton to brng FDW nto Sngapore by Mnstry of Manpower, subject to the condtons under Clause 3.1, Table 1. The Agency and Employer shall check aganst the Handng and Takng-Over Form durng the handng/takng-over process. 2 Fees Payment 2.1 In consderaton of the servces to be provded by the agency, the Employer shall pay the followng fees as set out n the Servces & Fees Schedule: Servce Fee Charged on Employer Total Servce Fee of S$ followng manner: shall be pad to the Agency for the servces rendered n the a A depost of S$ (f any), shall be pad n full before the Agency submts the Employer s applcaton to the Mnstry of Manpower (MOM). b The balance of S$ when the FDW reports for work/ duty. 1

2 Placement Fee a. The placement fee of S$ comprses (1) servce fee charged on the FDW by the Agency and (2) personal loan ncurred by FDW overseas. (1) Servce fee charged on the FDW by the Agency 1 amountng to S$ (2) Personal loan ncurred by FDW overseas amountng to S$ 2.2 b. The Employer agrees to pay the placement fee of S$ on behalf of the FDW whch the Employer may recover from the FDW as determned n the employment contract. Apart from the Servce Fee, the Agency confrms that there are no hdden or other costs or expenses that the Employer shall be lable for except those, f any, under ths Agreement. 2.3 All payments shall exclude the prevalng Goods and Servces Tax (GST). 3 Replacement of FDW before FDW s placed to employer 3.1 If the FDW s unable to be placed to the Employer, the Agency shall provde the Employer wth a replacement FDW at no addtonal cost and whch shall not count towards the Employer s enttlement n clause The Agency may not provde the Employer wth a replacement FDW at no addtonal cost under the followng crcumstances [*Agency to lst crcumstances]: a) The employer s found to have breached any Work Permt condtons. b) The employer termnates and repatrates the FDW wthout the Agency s pror knowledge. c) If the FDW de from any mshap or accdent as a result of the employer s actons. d) The FDW has made a Polce report aganst the Employer for abuse or the Employer s beng nvestgated by the Polce for such or any allegatons made by the FDW. e) The Employer has exceeded the quote for replacement wthout addtonal cost. f) The Employer has not pad the FDW her due salary(es) g) The Employer has not pad the Agency the mones due as set out n the Servces and Fees Schedule In the event that the FDW needs to be repatrated before she s placed to the Employer, the Agency shall be responsble for and bear the cost of repatraton of the FDW to the nternatonal port of entry that affords her reasonable access to her hometown wthn her home country. ² In the event that the Employer opts not to have a replacement FDW n the crcumstances stated n clause 3.1 when the FDW(s) who matches the Employer s selecton crtera s avalable, the Employer shall not be enttled to a refund of the servces fee has been pad. 3.5 After a replacement has been accepted by the Employer, the Employer shall not be enttled to any refund of the servce fee for the replacement FDW as set out n the Servces and Fees Schedule- Form B (f any) has been pad. 1 Fees should not exceed 1 month s salary for each year of the perod of valdty of the FDW s work permt, subject to a maxmum of 2 months salary of the FDW. ² Under the EA lcence condtons, the lcensee s requred to bear the cost of repatraton of any non-ctzen brought nto Sngapore by the lcensee f the Work Permt s not ssued, or f the non-ctzen s not placed on employment, or f the Work Permt s revoked n stuatons explaned under clause 3.2 2

3 4 Replacement of FDW after FDW s handed over to employer 4.1 Accordng to the Servces & Fees Schedule, the Employer s enttled to One (1) FDW replacement(s) from the Agency wthn a perod of 12 months (- replacement perod ) over and above the Employer s enttlement as stated n clause 3.1. A new fees schedule for replacement (Form B) contaned wthn ths Agreement shall be sgned. However, the Employer may request for a replacement only after the FDW has worked for the Employer for a mnmum of 60 days (whch should be before the expry of the replacement perod). Ths replacement perod shall be applcable to all subsequent replacements, f the Employer s enttled to more than 1 replacement. The grant of replacement s subject to the followng: The Employer must sgn the Consent to Transfer Form from the Work Pass Dvson, Mnstry of Manpower ( MOM ) to allow the FDW to seek employment wth the new Employer. The Employer shall agree to transfer the FDW to a new employer specfed by the Agency and wll not n any way prevent or jeopardze the FDW s transfer or opportunty to seek re-employment wth the new employer, unless the FDW s medcally unft to work as a domestc worker or has commtted a crmnal offence n Sngapore. The Employer must make the FDW avalable to the Agency for 30 days for her to be ntervewed and successfully transferred. If the Agency s unable to transfer the FDW wthn 30 days, the Agency shall update the Employer on the FDW s transfer status. Beyond ths perod, the Employer may repatrate the FDW and cancel her Work Permt If the Employer decdes to termnate the servces of the FDW, the Employer shall nform the Agency for settlement of any outstandng ssues between the FDW and Agency. The replacement FDW shall be of the same selecton crtera as the prevous FDW unless both partes explctly agree to the contrary. In the event that an Employer selects a replacement FDW of a dfferent selecton crtera, the Employer shall have to pay the dfference n the prescrbed package and replacement fee, f applcable. The replacement shall take effect wthn Three (3) months. After whch tme, f the Agency fals to provde a replacement, the Employer may choose to termnate ths Agreement, subject to the clauses under Secton 5 on Refund Polcy. 4.2 The Employer reserves the rght to reject the ntended replacement and termnate ths Agreement f the replacement does not fulfl Employer s selecton crtera (based on the orgnal selecton crtera). In such case, the Employer shall not be enttled to a refund of the Servce Fee charged on hm as stpulated n Clause 2.1() but shall be enttled to a refund of prorated placement fee pad to the Agency. 5 Refund Polcy for Servce Fee and Placement Fee 5.1 If FDW has not been placed to Employer The Agency agrees to place the FDW to the Employer wthn Three (3) months of the date of ths contract, falng whch the Employer s enttled to a 100% refund of the servce fee and 100 % of placement fee pad to the Agency. 3

4 5.1.2 If the Employer termnates the agreement n wrtng wth the Agency, the Employer shall be enttled to a refund of the Servce Fee (f any) less the admnstratve charge (as stpulated n table below) from the Agency wthn one (1) month as lsted below : v v v Event Before the submsson of the Work Permt applcaton to MOM After the submsson of the Work Permt applcaton to MOM If the FDW Work Permt applcaton s rejected by MOM due to no fault of the Agency After the Letter of Notfcaton by MOM but before FDW arrves Sngapore After the Letter of Notfcaton by MOM and after FDW arrves Sngapore After the Letter of Notfcaton, by MOM, relatng to FDW on transfer Admnstratve Charge S$ S$ If FDW has been placed wth Employer and f FDW can be transferred The Agency shall refund the followng amounts to the Employer as stated n the table below, should the Employer decde to termnate the FDW prematurely and the FDW s successfully transferred to another employer. Ths s subject to the Employer returnng the FDW to the Agency and agreeng to the FDW s transfer to a new employer specfed by the Agency wthout n any way preventng or jeopardzng the FDW s transfer or opportunty to seek re-employment wth a new employer. S/N Descrpton % of servce fee charged to the Employer % of outstandng placement fee pad by the employer FDW s successfully transferred to another Employer* Pro-rated % The refund shall be effected wthn 4 weeks from the date of termnaton of the FDW or the date the FDW was transferred, whchever s later. 5.3 If FDW has been placed wth Employer and f FDW cannot be transferred Under the followng crcumstances, the Agency shall refund the followng amounts to the Employer as stated n the table below: S/N Descrpton % of servce fee charged to the Employer % of outstandng placement fee pad by the Employer by the Employer (f applcable) FDW s unwllng and/or unable to contnue employment n Sngapore wthn the watng perod stpulated n clause FDW has been assgned to another Agency by MOM FDW goes to another agency (not assgned by MOM) 4

5 The refund shall be effected wthn 4 week(s) from the end The refund shall be effected wthn 4 week(s) from the end agency by MOM/the date the Agency s nformed that the FDW selects another agency, whchever s applcable. If the FDW has been assgned to another Agency by MOM or other relevant authortes, the Employer shall bear all the costs ncurred, ncludng medcal expenses, food and accommodaton costs for the duraton of the relevant authortes nvestgaton n any event and regardless of the outcome. 6 Specal Provsons The Agency should exercse due dlgence n ensurng the accuracy of all personal nformaton gven n the bodata of the FDW, wthn the agency s reasonable control to check and verfy. The Agency shall ensure that the FDW arrve on tme as scheduled, but should there be any delay not caused by the Agency, the Agency wll not be lable for any clams made by the Employer for consequental loss or delay. The Employer shall permt the Agency or such authorsed persons as the Agency may appont to vst the work locaton to determne the welfare of the FDW and to observe and adjudge the performance of her oblgatons to the Employer or Agency. If the Employer requests for the Agency to provde food and accommodaton, and should the Agency agree to do so, the Employer shall pay $15.00 per day to the Agency for provson of ths servce. These costs cannot be recovered from the FDW. Should the Agency agree to provde food and accommodaton for the FDW as stated n clause 6.4, the Employer shall reman legally responsble for the FDW. Ths ncludes but s not lmted to bearng the costs of the FDW s medcal expenses. Pror to provdng food and accommodaton for the FDW, the Agency shall nform the Employer that the Employer s legally responsble for the FDW. 6.6 If the Agency provdes counselng servces, the Employer shall be lable to pay the Agency a sum of S$50.00 for each counselng sesson at the Employer s resdence. However, ths sum s not payable f the Employer was already charged for counselng servces under the servce fee as set out n the Servces & Fees Schedule. 6.7 The Employer shall nform the Agency of the termnaton of the FDW s employment wth the same perod of notce gven to the FDW for termnaton of employment The Agency shall furnsh the Employer wth the employment hstory of the FDW. The Agency shall obtan such nformaton from the Mnstry of Manpower and ensure that the most updated nformaton s made avalable to the Employer durng the selecton process. In the event that the FDW absconds, the Agency shall assst to contact the NGOs and the Embassy of her home country to locate her. 7 Force Majeure In the event that any party shall be rendered unable to carry out the whole or any part of ts oblgatons under ths Agreement for any reason beyond the control of that party, ncludng but not lmted to acts of God, force majeure, strkes, war, rot and any other causes of such nature, then the performance of the oblgatons hereunder of that party or all the partes as the case may be and as they are affected by such cause shall be excused durng the contnuance of any nablty so caused, but such nablty shall as far as possble be remeded wth all reasonable dspatch. 5

6 8 Confdentalty The Agency shall not, unless wth the Employer s wrtten consent, drectly or ndrectly gve, dvulge or reveal to any persons any nformaton whatsoever regardng the Employer, whch nformaton the Agency acqured or requested the Employer to provde pursuant to ths Agreement. Ths condton shall not apply n the case where the nformaton s requred for the purpose of any nvestgatons under any law, by the polce, the Controller of Work Passes, the Commssoner for Employment Agences, Commssoner for Labour, Immgraton offcers or any other publc offcer. 9 Dspute Resoluton If the Agency s unable to resolve any grevance(s) of the Employer or f the partes are unable to resolve any dspute between them wth respect to ths Agreement, the partes shall refer the grevance(s) or dspute to AEAS for medaton. The partes hereby agree to such procedures and pay such fee may prescrbe from tme to tme. ³ If the dspute arsng from ths Agreement cannot be settled by the above medaton stated n clause 9.1, the partes shall refer the grevance(s) or dspute to MOM Precedence to Other Agreements In the event of there beng any nconsstency between the terms of ths Agreement and the terms of any other agreement (oral or wrtten) entered nto between the Agency and the Employer, the terms of ths Agreement shall preval and the terms of such other agreement shall be deemed to be amended to the extent necessary for t to be read as beng consstent wth ths Agreement. 11 Severablty of Provsons If any provson of ths Agreement or part thereof s rendered vod, llegal or unenforceable by any legslaton to whch t s subject, t shall be rendered vod, llegal or unenforceable to that extent and t shall n no way affect or prejudce the enforceablty of the remander of such provson or the other provsons of ths Agreement. 12 Thrd Party Rghts A person who s not a party to ths Agreement has no rght under the Contracts (Rghts of Thrd Partes) Act, Chapter 53B of Sngapore or any other laws n any jursdcton to enforce any term of ths Agreement. 13 Termnaton of Agreement Any party ntendng to termnate ths agreement shall provde at least 07 days pror notce to the other party. 3 The thrd party medator can be a provder of medaton servces. Otherwse, the thrd party medator must be aware and agreeable to the arrangement. 6

7 14 Mscellaneous The Employer shall observe and comply wth all laws n force n Sngapore affectng ths Agreement, ncludng but not lmted to the Employment of Foregn Manpower Act, the Employment of Foregn Manpower (Work Passes) Regulatons 2007, the Immgraton Act, and the Immgraton Regulatons. The Employer shall gve all notces and pay all fees requred to be gven or pad under any law n force n Sngapore. It s the *Employer s responsblty to receve or send the FDW to the premses of the Agency for reasons pertanng to deployment, re-deployment (FDW seekng new employer) or counsellng. IMPORTANT NOTES: ) ) The FDW s deemed to be the responsblty of the employer at all tmes from the date of handng over from the agent untl such tme as the work permt s cancelled and the FDW s repatrated, or untl a transfer s approved by the Mnstry of Manpower and the FDW s handed over to the new employer. The Employer must contnue to pay all leves mposed by the relevant authortes untl a transfer s approved or the work permt s cancelled. IN WITNESS whereof ths Agreement has been entered nto the day and year frst above wrtten, the contractng partes havng read and understood the terms and condtons of ths contract hereunto set ther sgnatures below. Sgnature of Employer/Clent Name : Sgned for and on behalf of Agency JLK Employment Servces NRIC or Passport No: Date : Date : 7