CONDITIONS OF CONTRACT
1. Terms & Definitions
1.1. The rate of pay as per schedule contract shall apply to all normal hours and overtime work shall be charged the overtime rate required to be paid according to Thai Labor Laws as outlined above.
1.2. Site allowances shall be invoiced at a Baht per month rate agreed upon in the Work Assignment Schedule for The Contractor personnel.
1.3. Should the owner elect to take over an employee that is covered by this agreement whether prior to or upon expiry of the employment term. The Hirer agrees to pay a fee equal to two months of the gross salary of the employee involved.
2. Scope of Services
2.1. The Hirer will designate the number of personnel required, their qualifications, and employment purpose. The Contractor will recommend personal and pay rate for client approval and will provide those personnel whose qualifications have been approved by The Hirer. The Contractor will provide proposal for supply of personnel for each individual assigned to contract to be included with contract as addendum.
2.2. Personnel provided by The Contractor will be the employees of The Contractor but the term of employment will be as approved specifically by The Hirer. Split term contracts are treated as continuous non-term contracts with employee termination paid according to Thai Labor Laws.
2.3. The personal shall reside near the site or elsewhere as directed by The Hirer.
2.4. The Contractor personnel provides will be under the work direction of The Hirer, but shall be independent contractors for all other purposes.
2.5. The Hirer will have the right to terminate of the personnel supplied by The Contractor, if in the sole judgment of The Hirer they prove not to be qualified, are no longer required, or so not, in any other way meet the requirements of The Hirer by giving such notice as is required by Thailand Labor Laws and detailed in the Client Assignment notification. Such notice will be a minimum of 1 month.
2.6. Guarantee – if the contracted employee fails to fulfill the expectation of The Hirer at any time In accordance to Thailand Labor Law The Contractor, will immediately be notified and the contract Employee will be removed from The Hirer employ. The Contractor will be allowed to replace the Employee with a candidate suitable to The Hirer.
2.7. All The Contractor personnel shall observe their work schedule as directed by The Hirer.
3. The Contractor Responsibilities
3.1. The Contractor will promptly provide and replace, as the case may be, qualified personnel as required by The Hirer.
3.2. The Contractor shall be responsible for all salaries, bonuses, visa fees, all of related company income taxes (including but not limited to personal income tax for all employees), where applicable personal accidental, death or dismemberment insurance medical claims and any and all other personnel related benefits and insurance except as specifically provided for in the Work Assignment Schedule.
3.3. The Contractor will provide a minimum insurance (SS); Workmen’s Compensation and/or Employer’s liability insurance which shall satisfy the Laws of Thailand.
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3.4. All insurances specially taken by The Contractor with respect to its operations, and required under this Agreement shall be to the benefit of both parties whom shall be endorsed on all policies as a joint insured. Failure to secure the insurance coverage, or failure to comply fully with any of the insurance provisions of this Agreement, or failure to secure any endorsements on the policies as may be necessary to carry out the terms and provisions of this Agreement, shall in on way serve to relieve either party from the obligation of this Agreement, anything in this Agreement to the contrary notwithstanding. In the event that liability for any loss or damange be denied by The Contactor’s underwriters in the whole or in part because of breach of side insurance by The Contractor, or for any other reason, or if The Contractor fails to maintain any of the insurance herein required by law, The Contactor will hold harmless, defend and indemnify The Hirer against all claims, demand and expenses including attorney’s fees, which would otherwise be covered by such insurance.
3.5. The Hirer shall provide all other forms of insurance covering all usual risks to persons or property relating to the performance of the services. (A copy of the list of coverage provided by The Hirer shall be made available to The Contractor upon request). The Contractor’s price hereunder shall therefore not include any additional insurance cover beyond those indicated above unless specifically identified in a Work Assignment Schedule (the “Schedule”).
3.6. The Contractor will perform all other administrative functions and necessary actions to ensure the proper and smooth performance of this Agreement.
4. The Hirer Responsibilities
4.1. The Hirer shall provide letters to The Contractor confirming that personnel applied by The Contractor are working with The Hirer to assist The Contractor to perform the necessary administrative effort to obtain visas and work permits, if required.
4.2. The Hirer shall provide or cause the relevant government organization to provide copies of necessary documents and other paperwork to The Contractor on order to assist The Contractor efforts in obtaining of visas, permits, registrations, and approvals required from The Government or Agencies for the performance of the services.
4.3. Unless otherwise provided for in the Work Assignment Schedule, The Hirer will pay termination pay, as required, for the provided individual according to application Labor Law. This will be invoiced as reimbursable costs plus a 3.093% gross up as provided for under “Payment for Services”. This obligation will survive cancellation of this contract or employee termination as provided elsewhere in this document. Current Thai Labor Laws require termination/severance pay to be paid according to total length of service as follows;
Term of Employment Severance Pay
Up to 119 Days Not Required
120 Days but less than 1 Year 1 month for pay
1 Year but less than 3 Years 3 months for pay
3 Years but less than 6 Years 6 months for pay
6 Years but less than 10 Years 8 months for pay
Over 10 Years 10 months for pay
“Split Contracts” are considered one continuous term from the beginning of original employment, and severance pays are required to be paid according to the above (or current) schedule.
4.4. The Hirer shall provide the individual supplied, a reasonable amount of personal protective equipments as necessary to comply with The Hirer’s safety policy. The Hirer will
4.5. Provide all general office furniture, supplies, tools and other items necessary for the individual to perform their assignments. Any tools and equipments provided by The Contractor that are not specifically identified in the Work Assignment Schedule will be billed as reimbursable costs provided for under “Payment for Services”
5. Payment for Services
5.1. The Contractor will submit invoices based on one of the following examples below. Invoices shall be based through the last day of each month for review, approval, and payment by The Hirer, within 30 days of service.
5.1.1 Monthly Invoicing Straight time invoices shall be invoiced based on the number of hours agreed in the contract and shall not be accompanied with timesheets. Straight time invoices shall be invoiced by the 10th of month. Any deductions or additions shall be made on invoice for overtime, accompanied with documentation. Miscellaneous items shall be invoiced when required and as agreed in the WAS or this Contract as required. Invoices with amounts in dispute shall be paid within the agreed period.
5.1.2 (Bi-Weekly invoicing) Straight time invoices shall be invoiced based on the number of hours agreed in the contract and shall not be accompanied with timesheets. Straight time invoices shall be invoiced by the 5th and the 20th of each month. Overtime invoices shall be invoiced prior to the 15th and the 30th of each month and shall be accompanied with timesheets for straight time and overtime hours worked. Any deductions or additions shall be made on invoices for overtime, accompanied with documentation. Miscellaneous items shall be invoice when required and as agreed in the WAS or the contract as
5.2. All reimbursable expenses, if required, such as air tickets, transportations, accommodations, bonuses, Provident fund, work permit/visa etc. shall be invoiced to The Hirer at cost plus 8% handling charge except Termination/Severance pay being specified in clause 4.3
5.3. Invoiced amounts will be strictly in accordance with the Work Assignment Schedule. Except as specifically provided in this Contract, The Contractor shall be responsible for, and shall hold The Hirer harmless from the reporting, filing and payment of any taxes, duties, charges, or fees along with any related fines, penalties or interest imposed directly or indirectly on The Contractor or it’s employees, agents, or servants as a result of The Contactor’s performance of this Contract. The Hirer may withhold from sums otherwise due The Contractor under this Contract any taxes or amounts required by applicable laws to be withheld and paid to the appropriate taxing authorities and The Hirer will provide The Contractor with all receipts of such withholding along with payment to The Contractor.
5.4. All compensation and payments due to The Contractor under this Contract and it’s attachments and schedules are quoted exclusive of any value added taxes, sales taxes, or similar taxes which may be levied on such compensations or payments. Any such taxes, if imposed, shall be separately stated on the applicable invoices and shall be paid by The Hirer to The Contractor who shall make payments to the appropriate taxing authorities.
5.5. For services not o