AGREEMENT
OF CONTRACT
BETWEEN
PT.HANNIYA
DELFIN SUCCESS
AND
OVERSEAS
UNITED (SINGAPORE) PTE.LTD
FOR
Supply
of Workers -Solomon Islands
This Service Agreement Provision was established and signed on this day date month year by and between
1.
Company A,
namely PT.Hanniya Delfin Sukses which is located in Ruko
Mega Legenda Block B2 No.33A Batam Center, Riau Islands represented
by Ms. Etty Yahtini as The President Director , acting for
and on behalf of the Company mentioned above, herein after referred to in
this Agreement as the FIRST PARTY.
2.
Company B namely Overseas United (Singapore)
PTE.LTD that is located at 460 Alexandra Road # 26-06, Singapore
119 963 PSA Building that in this case represented by Ms Yvonne
Shi as Director, thus acting for and on behalf of the above
company, herein after this agreement is referred to as the SECOND PARTY.
THE FIRST PARTY and THE SECOND PARTY in this AGREEMENT can also
referred to as PARTIES if
called individually or THE PARTIES if called together.
CONTENTS
Whereas, the FIRST PARTY is providing manpower services to carry out the works for the SECOND PARTY namely Overseas United (Singapore)
PTE.LTD in Mining in Solomon Islands by:
a. Letter of Request for Supply of Worker
Services from SECOND PARTY.
b. Letter of Quotation from
the FIRST PARTY.
c. Price Quotation Approval Letter
from SECOND PARTY.
That the FIRST PARTY declares that they are willing to mobilize
manpower as stipulated by the employment agreement with each Worker, and is
granted work protection as well as the applicable statutory requirements of the FIRST PARTY,
to be employed by SECOND PARTY on
the island of Solomon in
field Bauxite Mining.
In connection with the foregoing, the PARTIES agreed to enter into this Agreement with the
terms & conditions set forth in the following Articles.
SECTION
1
GENERAL
TERMS
In this Agreement, what is meant by:
1.
The Company is a
subsidiary company of PT (Persero) Hanniya Delfin Sukses established under
Notarial Deed No. 7 of Justitia Ferryanto, SH on January 10, 2012, and with the
amendment. Referred to as First Party
2.
Ms.Yvonne Shi as
Director representing Overseas United (Singapore) Pte Ltd. Referred to as Second
Party.
3.
An Employee is term as Employee contractual to PT.Hanniya
Delfin Sukses.
4.
A Worker is term as a
worker who has a working relationship set forth in the
written agreement in writing with the FIRST PARTY.
5.
Employment is the
Provision of Worker Services.
SECTION
2
SCOPE
/ FIELD OF JOBS, TECHNICAL REQUIREMENTS FOR REPORTING, SUPERVISION AND SECURITY
1.
SECOND PARTY is willing
to employ Workers on Solomon Island on servicing the Bauxite
Mining Area within the scope of work, technical requirements, reporting,
supervision and safeguarding the working conditions of the workers supplied by FIRST PARTY in
the field of Bauxite Mining area as agreed by both parties.
2.
SECOND PARTY may
change the scope of work, technical requirements, reporting, supervision,
safeguarding the performance contracts with the FIRST PARTY in
the field of Mining Bauxite work accompanied by Minutes of
meeting as mutually agreed by the both PARTIES.
3.
SECOND PARTY will be responsible for the safety &
security of the workers while they are under the contractual employment of the
SECOND PARTY.
4.
FIRST PARTY will be
responsible for the good behaviour of the workers during the full contractual
period.
5.
SECOND PARTY will be
responsible for the training & operational procedures in accordance to the
standard working practices.
6.
FIRST PARTY will
undertake the responsibilities to make sure that the workers will take good
care of all the equipments & tools provided by the company.
SECTION
3
IMPLEMENTATION
OF WORKS AND WARRANTY
1.
Workers affiliated with SECOND PARTY is
expected have a good working relationship with workers from FIRST PARTY vice
versa which is stated in the employment agreement with each Worker, and is
granted work protection and working conditions in accordance with the
legislation applicable to the standard international practice, and must
have competence in the field of work under his / her responsibility.
2.
In carrying out
the work in accordance with the scope of Work as referred to in Article 2,
Workers shall be given a uniform suit as the identity of
the FIRST PARTY Company with the provision that it shall not
resemble the uniform of the SECOND PARTY Employee.
3.
SECOND PARTY shall
be entitled to give direct or indirect instructions to the Workers, and shall
have the right to supervise the implementation of work performed by the Workers
and shall be entitled to reprimand in case of irregularities or the execution
of Work which is not in accordance with the scope of work, technical requirements,
reporting, supervision and safeguards in
accordance to the performance the contracts with FIRST PARTY as referred to in Article 2 paragraph (1) and
paragraph (2).
SECTION
4
PROVISIONS
Each worker will be provided the followings as stipulated below from
SECOND PARTY :
a.
Basic 3 meals a day
b.
Proper Accommodation
c.
Working attire ( ie. work
clothes, safety work shoes, safety helmet, mask, ear plugs, goggles)
d.
Working Visas for
workers
e.
Worker Insurance
including medical
f.
Return Trip from Jakarta/Indonesia
to Solomon Island per 12 months ( annual leave)
g.
A standard One hour
lunch break on the normal working day and a two hour Break for Friday prayers (
which includes the standard 1 hour lunch break)
h.
All the necessary
documents & Letter of Employment and Licences from the relevant authorities
of Solomon Islands for the expedition for the Application of Passports, Medical
certificates & letter of Good Standing from the Indonesian Government for
the workers.
FIRST PARTY is also responsible for:
a.
Worker's Health Bill (
medical Certificate)
b.
To have a good conduct certification
license for all workers from the Government of Indonesia
c.
Managed all work related
issues that may arises from the workers
d.
Replacement of workers
in the event of unforeseen circumstances at FIRST PARTY’s cost.
e.
Application of
Passports & exit permits of Workers.
f.
Delivery of Workers to
location for departure within Indonesia as mutually agreed by both parties
SECTION 5
COST
& SALARY OF EMPLOYMENT
SECOND PARTY will bear the cost of Provision of Services
Workers in the field of Bauxite Mining Services to be
calculated on the basis of:
a.
FIRST PARTY and SECOND
PARTY agree that the cost of the Service work under this agreement
for 1 (one) person shall be subject to each part of each worker
b.
A Basic salary of ( ) per month with a variable pay of
( ) per hour based on a 12 working
hour per day excluding meal breaks. Overtime pay is provided when work is
required outside of the specified working hours based on ( )
hourly basis applies equally to all hours of both weekdays and holidays at a
fixed rate subject to a maximum of 4 working hours per day.
c.
The service fee
as referred to in paragraph (1) of this Article includes taxes in accordance
to applicable regulations of the Republic of Indonesia.
d.
An increase in
the cost of services is filed if there is a Government
Regulation allowing for an increase in service fees.
e.
In the event of an
increase in the cost as referred to in paragraph (3) of this article, both
parties agree to put in writing in AMENDMENTS which is an integral part of this
AGREEMENT.
f.
SECOND PARTY will pay
a one off SERVICE FEE of S$2,150.00 per
worker (employee) which will include the cost of Passport Application, Medical
Checkup ( Which includes the immunization against diseases ) Letter of Goodstanding
( including police clearance). Transportation & domestic flight tickets to
point of departure. All relevant documentations for VISA application.
g.
SECOND PARTY will
transfer an advance deposit of 40% of the SERVICE FEES upon signing the
agreement, with the balance of 40% to be remitted within 6 weeks thereafter . The balance of
20% will be transferred 1 week before the departure of the workers.
SECTION 6
SYSTEM SALARY PAYMENT
METHOD
SECOND PARTY remits salary Provisions for Workers Services as referred to in Article 4 to the FIRST PARTY on the last working day of the current month, by
procedure:
1.
Payment of fees as
referred to in this agreement shall be made by
the SECOND PARTY every month in accordance with the realization
of work performed by the FIRST PARTY , in this case the work
performed by the Workers.
2.
Payment of fees as
referred to in paragraph (1) of this section shall be done by
the SECOND PARTY to the FIRST PARTY according to
procedures and mechanisms within the applicable payment obligations SECOND PARTY
to FIRST PARTY accompanied by:
Invoice Receipt stamped
Copy of NPWP ( Company’s
Tax Reference No)
Copy of Letter of
Agreement
Records of Workers
present and overtime list
SECTION 7
RESPONSIBILITY AND INDEMNITY
1.
Each PARTY is liable for
their own losses, damage or risk arising against any other party, as a result
of any error or omission of either party.
2.
Both PARTIES will be
responsible and ensure the well being of the workers & working conditions.
3.
In the execution of this
Agreement if any one of the PARTY would like to use or implement the
intellectual property rights of other party, the relevant party should seek in
written permission for the use of such intellectual property rights and exempts
other PARTIES from any loss and or other legal consequences that may arise as a
result of the claim of the owner intellectual property rights concerned.
SECTION 8
TAX
All taxes, duties, including stamp duty or any other fees incurred
in connection with this Agreement, will be the responsibility of each PARTY in
accordance with the laws and regulations of the Republic of Indonesia for First
Party & Solomon Island for Second Party rightfully.
SETION 9
DURATION
OF THE AGREEMENT
1.
The duration of this
AGREEMENT is for a period of 36 months with an option to
extend and with the commencement period
beginning ………2018
2.
The period of validity
of this Agreement may be extended upon the agreement of the PARTY including the
extension due to EMERGENCY PROVISION as referred to in Article 10.
SECTION
10
TERMINATION
OF THE AGREEMENT
1.
This Agreement will
expire as referred to in Article 6 paragraph (1) and if THE PARTIES has
get rights and obligations based completion of this AGREEMENT.
2.
One of the PARTIES may
terminate this Agreement by giving at least 30 calendar days prior to the other
Party if the other PARTY has violated the provisions - provisions of this
Agreement.
3.
In the event of
Termination of the Agreement as stated in paragraph (2 ),
THE PARTIES agree to disregard the validity of Article 1266 and
Article 1267 of the Civil Code.
4.
FIRST PARTY have
the right to terminate this agreement in the event if no payment
obligations is met to the FIRST PARTY within 30 (thirty) calendar
days after the due date of payment obligations.
5.
Both PARTIES reserves
the right to terminate this Agreement prematurely for reasons other
than as set forth in paragraphs (3) and (4) by written notification
the PARTY who receives the notification shall respond to its approval or denial
by no later than 7 (seven) business days upon receiving the notice.
SECTION
11
EMERGENCY
STATE
1.
That meant
by EMERGENCY in this Agreement is a condition of this Agreement shall
be implemented as a direct result of the events beyond the capabilities THE FIRST or SECOND
PARTY to overcome, including but not limited to:
a. Events or events that occur as a result of
matters beyond the PARTY's capabilities are unexpected, unaccountable and
unknown cause.
b. Riot, strike, rebellion, war or declaration of
State of Emergency by Local Authorities.
c. ACT of GOD - lightning, floods , fire,
earthquake, natural disasters that directly affect the equipments of SECOND PARTY and FIRST PARTY which
will be a hinderence to carry on working.
2.
Each PARTY is not
responsible and cannot claim compensation to the other PARTY for failure to
comply with the provisions of this Agreement, if the failure is caused by an EMERGENCY
PRECEDENCE as referred to in paragraph (1) both PARTIES will use all best
efforts to address the cause or event.
3.
Liabilities that are not
released to PARTIES with EMERGENCY are as follows:
a. Liabilities due to payment arising prior to the
occurrence of EMERGENCY.
b. The inability or failure of any of the PARTIES
to the other PARTIES in executing this AGREEMENT.
4.
PARTIES who
experience EMERGENCY shall promptly notify the other Parties verbally
within 2 (two) calendar days followed by the maximum written notification
of 3 (three) calendar days after the incident of the EMERGENCY is accompanied
by evidence or official statement of the authorized institution and the
forecast or efforts that will or have been made to
overcome such EMERGENCY .
5.
PARTIES that receive
notice of EMERGENCY may decline or approve it no later than 1 (one) day
after receiving the notice referred to in paragraph (4).
6.
If EMERGENCY
is rejected by a PARTY who receives notice of EMERGENCY ,
THE PARTIES will forward the obligations in accordance with the provisions of
this Agreement and if EMERGENCY is approved, then THE PARTIES a right to renegotiate completion schedule of work
and TERM CONTRACT.
SECTION
12
TRANSFER
OF AGREEMENT
Each PARTY shall not be entitled to transfer their rights and
obligations under this Agreement, whether or not without prior written approval
from the other PARTIES.
SECTION
13
AMENDMENTS
1.
Any amendments and or
additions to this Agreement shall be made in the form of an Amendment or
Addendum, approved and signed by THE PARTIES, and constitute an integral part
of this AGREEMENT.
2.
Proposed changes to this
AGREEMENT shall be filed by a PARTY who wishes to amend the other PARTIES at
the latest 15 calendar days prior to the entry into force of the
proposed amendment.
SECTION 14
DISPUTES &
ARBITRATION RESOLUTION
1.
In the event of any
disagreement (dispute) in the execution of this Agreement ,both
PARTIES should find an amicable solution.
2.
If within 30 (thirty)
days after either party has sent the Dispute notification to the other
party, no agreement has been reached in the deliberation, then the PARTIES
agree to settle the dispute through arbitration under the International Arbitration
Laws of the Republic of Singapore.
SECTION
15
APPLICABLE
LAW
1.
PARTIES agree that this
Agreement shall be subject and interpreted in accordance with the laws and
regulations of the Republic of Singapore.
SECTION
16
OTHER
PROVISIONS
1.
If there are any
provision in this Agreement which is in conformity with the
law and regulation applicable or declared invalid by the Judge, then
this Agreement shall not be entirely cancelled but the PARTIES in
good faith shall negotiate to make improvements to the provisions in accordance
with the intent and purpose of this AGREEMENT.
2.
Each notices
announcement, billing, invoicing or other means of communication by this
Agreement shall be in written form and sent through email or
delivered directly as evidenced by a receipt for writing addressed to the
following address:
PT. Hanniya
Delfin Sukses
Ruko Mega Legend Block B3 No. 33A
Batam Center, Batam City, Riau Islands
Email: cs_pthds@yahoo.co.id
Phone: 0778-4800987
Mobile: 085353333303
3.
Both PARTIES in good
faith will do the necessary followings in accordance within the
laws that is applicable to be referred
to for the purpose of executing this Agreement.
SECTION 17
CONTRACTUAL
AGREEMENT
This Agreement shall be made in 2 Original copies, each having the
same legal entities, signed on the date, month and year as mentioned at the
beginning of this Agreement.
|
THE FIRST
PARTY
PT HANNIYA
DELFIN SUKSES
MSSR ETTY YAHTINI
( DIRECTOR )
|
THE SECOND
PARTY
OVERSEAS
UNITED ( SINGAPORE) PTE,
LTD
MSSR. YVONNE SHI
( DIRECTOR )
|
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