Vous êtes sur la page 1sur 7

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:


Name of Employer/Principal: _____________________________________________
Address: ______________________________________________________________
Name of Representative: __________________________________________________
Position of Representative: ________________________________________________
DO HEREBY NAME, CONSTITUTE AND APPOINT:
Name of Philippine Recruitment Agency:____________________________________
Address: ______________________________________________________________
Name of PRA Representative: _____________________________________________
Position in PRA: _______________________________________________________
As the true and legal representative to act for and in our/my name stead and perform the
following:
1. To represent the company/me before any government/or private offices/agencies
in Australia and in the Philippines for the purpose of recruiting, hiring and
employment of Filipino worker/s for our company/for me;
2. To recruit Filipino workers and in behalf of the company/ in my behalf;
3. To execute, sign seal, deliver, and present any/all documents and other pertinent
papers, instruments and writings of whatever nature, kind and description,
including employment contracts, necessary to accomplish the purposes for which
this special power of attorney has been granted;
4. to bring suit, defend and enter into compromise in its name and stead in litigations
brought for or against it or the company in all matters involving the employment
of Filipino overseas worker/s by the company, to appear at the pre-trial
conferences and hearings of such cases against our company/against me; to
engage, terminate, substitute and pay for the services of counsel; to submit to
voluntary arbitration, to admit facts or documents or enter into stipulation thereof,
to conclude amicable settlement or compromise agreement and to file and receive
pleadings, affidavits, positions, papers, motions, memoranda; appeals, petitions,
orders, decisions, resolutions and other papers in the course of litigation;

5. To assume jointly and solidary with our Company/with me, any financial or civil
liability or obligation that may arise in connection with the recruitment and/or
employment of worker/s for our Company/for me, by virtue of any judgment, or
awards to such worker/s, subject to full indemnification and reimbursement by
our Company/by me for whatever amount it may be forced or obliged to pay in
behalf of our Company/in my behalf, including attorneys fees and litigation
expenses.
HEREBY GRANTING unto said representative, full power and authority to execute or perform
whatsoever act, requisite or proper to be done in about the premises as fully to all intents and
purposes and purposes as the company/I might or could lawfully do if personally present, with
power of substitution and revocation and;
HEREBY RATIFYING AND CONFIRMING all that said legal representative or substitute shall
lawfully do so or cause to be done under and by virtue of these presents.

_______________________________________
Name and Signature of Employer/Representative
Date: __________________

RECRUITMENT AGREEMENT
BETWEEN
XXXX COMPANY
(Legal Representative)
And
___________________________________________
(Employer/Principal)
This
Recruitment
Agreement
entered
into
by
and
between
__________________________________________
with
office
address
at
___________________________________________________represented by its President,
_________________________________________________________ hereinafter referred to as
the Employer/Principal, set forth the following purposes, terms and stipulations:
1.0 GENERAL PROVISIONS
1.1 The Employer/Foreign Principal shall utilize facilities and services of
_________________________ for the purposes of pre-selecting, recruiting,
processing, documenting Filipino workers hired through the said legal representative
for its operation in_______________________. It shall al avail of such services and
facilities for the hiring 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 personnel for employment and
that selection shall satisfy the requirements of the employer for all intent 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 leaving conditions at the country of employment, facilitating
documentation for travel like security and police clearance, passports, etc.

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 parties.
2.0 FEES AND TERMS OF PAYMENT
2.1 This will be subject to negotiations by in between Principal employer and Agency,
based on industries standards and services.
3.0 TRAVEL AGREEMENT
3.1 The employer shall be solely responsible for and bear the expenses of securing entry
visa/or work permits for accepted workers and their ticketing including payment of
travel tax except when it shall, upon payment of the cause, request its legal
representative to arrange the travel of the workers.
4.0 EMPLOYMENT
4.1 The recruits shall take up employment under the master employment contract (MEC)
herein attached as Annex B under the wage schedule as attached, which forms 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 maybe entitled to reasonable adjustment and salary and benefits in
accordance with the Companys pay-scale and practices.
5.0 AUTHORITY, JOINT AND SOLIDARY LIABILITY OF LEGAL REPRESENTATIVE
The Employer/Foreign Principal authorities and 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 power and
obligations:
5.1 To represent the employer/principal before any and all government and private
offices/agencies in the Philippines.
5.2 To enter into any and all contract with any persons, corporations, institutions, or
entity in a joint venture or as a partner in the recruitment, hiring and placement of
Filipino Contract Workers for overseas employment.

5.3 To bring suit, defend 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 principal.
5.4 To assume jointly and solidarily with the Foreign Principal any 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 to assist in the remittance
of the basic salary to his designated beneficiary in the Philippines trough normal
banking channels as mandated by the Central bank circular No. 364 and rule V,
Section 14 (b) of the rules and Regulations Implementing the Labor Code, as
amended. The Employer and its Legal representative shall provide necessary facilities
to effect such remittance in the easiest and most effective may possible and assist in
the monitoring of the workers foreign exchange earnings. It 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 department of Labor and Employment in
case of failure or unnecessary/unexplained delay in the remittance of that portion of
the salary intended for his duly designated beneficiary.
7.0 RESPONSIBILTY OF THE PRINCIPAL
7.1 The Principal will exert all possible efforts to enhance the welfare and protect the
rights of Filipino hired under this Agreement in accordance with the laws of the
Philippines, his country of domicile and international covenants on expatriate
employment an 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, of 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 Principal upon filing of job
requisition. Should the Principal fail 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 delay or a fraction thereof.
Payment made under this provision will be made to the worker through the Legal
Representative of the appropriate government agency for this purpose. Should the Principal
cancels the Employment Contract, or should the deployment delay exceeds two 92) months and
the worker elects to cancel said employment Contract the Principal shall pay the worker and
additional amount of compensation as maybe determined by the appropriate authorities under
circumstances. This case, the Principal shall not be reimbursed of whatever amounts it had he
Legal Representative for documents of processing.

7.3 In case of termination of workers employment for cause or as a result of death or


serious injury, the Principal shall immediately inform the Philippine
Embassy/Consulate and/or Labor Attache nearest to the site of employment and/or
the Philippine Overseas Employment Administration and the Legal representative
about the said event.
In case of death of the worker, the Principal shall bear all the expenses for repatriation of
the remains of the worker and his personal properties to his relatives here in the Philippines, or if
repatriation is not possible under certain circumstances, the proper disposition thereof, upon
previous arrangements with the workers next-of-kin or in the absence of the latter, the nearest
Philippine Labor Attache or Embassy/Consulate.
8.0 SETTLEMENT OF DISPUTES
8.1 In case of disputes arising from the implementation of the employment contract
between the Principal and the workers, all effort shall be made towards amicable
settlement. If necessary, such negotiation shall be undertaken with the participation of
the Philippine Labor Attache/Embassy/Consulate nearest to the site of employment.
8.2 In case were amicable settlement fails, the matter shall be submitted to the competent
and appropriate body in the country of employment. During such process of
settlement and while the case is pending ,the affected worker shall endeavor to fulfill
his contractual obligations and the Principal shall ensure that such obligations shall be
undertaken without duress; and
8.3 In case of dispute involving this Recruitment Agreement, the parties hereto must
attempt to resolve the same amicably. Efforts to settle such disputes amicably fails,
disputes shall be referred to the International Chamber of Commerce for hearing and
adjudication or to such other competent and appropriate administrative bodies/courts
as may be agreed upon by both parties herein.
9.0 TERMNATION OF AGREEMENT
This agreement shall be in effect for a maximum of five (5) years from the date of
appearing herein and below unless sooner revoked by either party through a thirty (30) day prior
notices. In any case, the responsibilities of the parties herein shall be in effect up to the
completion of the last employment contract signed with a recruited worker and the rights of the
worker recruited under this Recruitment Agreement must be recognized, and the terms and
conditions of the Employment contract shall be strictly adhered to and complied with unless
either party so notifies the other of such termination in writing, this Agreement shall
automatically be extended and renewed for another year.

10.0

LANGUAGE OF AGREEMENT
10.1 This Recruitment Agreement is written in English and shall or maybe written
and/or translated officially in the official language in the country of employment. In
any case, this Agreement in English or in any other language as maybe deemed
necessary at the country of employment shall be binding provided that the same bears
the proper signature of the parties, herein and the authentications of the appropriate
bodies in the Philippines and the country of employment.
10.2 Principal and Legal Representative hereby binds themselves to this Agreement
which is written in English and hereby binds that both parties shall recognize this
Agreement in the same way as it may be written in the language at the county of
employment and in the country of the Legal Representative.

GOVERNING LAWS
This Agreement shall be the law between both parties and shall be interpreted in
accordance with the laws of the Philippines but not to the exclusion or in prejudice to the laws of
the country of the Principal, the country of employment in international laws, covenants and
practices.
The contracting parties hereunto set their signatures.
IN WITNESS WHEREOF, we have hereunto set our hands, this _____________ day of
________________ at _____________________________.

________________________
(Employer/Principal)

_____________________
(Legal Representative)