Recruitment Agreement Template Page 3
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46.0
S.5
To assume jointly and solidarily with the foreign principal and liability
/
responsibility that may arise
in connection with the recruitment and hiring of the workers including the full implementation
of
the employment contract.
REMITTANCE OF FOREIGN EXCHANGE EARNINGS
6.1
The Employer and his Legal Representative shall undertake the remittance of at least
-
percent
of the
worker's monthly salary
to
his designated beneficiaries in the
Philippines through the
normal banking channels as mandated by Central Bank Circular No. 361 and Rule V, Section
14
(b) of the Rules and Regulations lmplementing the Labor Code, as amended. The Employer
and
its
Legal Representative shall provide the necessary facilities
to
effect such remittance in
the
easiest and most effective way possible and assist
in the
monitoring
of the
worker's
foreign
exchange
earnings.
lt
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
Ministry
in
case of failure
or
unnecessary
i
unexplained delay in
the
remittance of that portion of the salary intended
for
his
duly designated beneficiary.
RESPONSIBILITIES OF THE EMPLOYER
7.1
The Employer will exert all possible efforts to enhance the welfare and protect the rights of Filipino
workers hired under this Agreement in accordance with the laws of the Philippines, his country of
domicile and international covenants on expatriate employment and
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, or 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
Employer upon
filing of
job
requisition.
Should the
Employer had
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 or a fraction
thereof of
delay.
Payment made under
this
provision
will be
made
to the
worker through the
Employer's Legal Representative or the government agency appropriate for the purpose. Should
the Employer cancel the employment contract, or
if the delay already exceeds two (2) months or
the worker elects to cancel the said employment contract, the Employer shall pay the Employee
an additional amount of compensation as may be determined by the appropriate
authorities.
In
this case, the Employer shall not be reimbursed the amount he paid
to
its Legal Representative
for documentation and processing fees.
7.3
In case of termination of the worker's employment
for
cause or as
a
result
of
death or serious
injury,
the Employer shall immediately
inform the Philippine Embassy
/
Labor Attache nearest the
siie of employment and
/
or the
POEA and
the
Employer's Legal Representative about
said
event.
In case of
death of the Employee, the Employer shall bear the expenses for the repatriation of the
remains
of the
Employee
and his
personal properties
to
his relatives in the
Philippines,
or
if
repatriation
is not
possible under certain circumstances,
the
proper disposition thereof,
upon
previous arrangement with the worker's next
of kin, or
in the absence of the latter, the nearest
Philippine Labor Attache or Embassy / Consulate'
In all cases,
the Employer shall
insure that
the
benefits due
the Employee shall be ade
available
to him or his beneficiaries within the shortest time possible.
7.0
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