印尼Bayah项目劳务用工合同 (英文正式版).doc

The Agreement of Labor Service Cooperation in Bayah 10,000TPD Cement Plant projectThe parties hereto: Party A：PT. Sinoma Engineering Indonesia（hereinafter referred to as the “Employer” ）Party B：PT. Mutiara Indah Anugrah（hereinafter referred to as the “Service Company”）Whereas：Employer is undertaking a construction project named Indonesia bayah 10,000 TPD clinker cement production line project, it entrusts Service Company to hire some qualified and healthy local manpower to support Chinese technicians during construction. In accordance with current Indonesia laws, regulations and local employment regulations and in order to manage and use local labors properly, this agreement is hereby entered into by both parties on the basis of equality, free will, mutual consent, and mutual benefit. The terms and conditions thereof are set out as follows：1. The rights and obligations of both parties 1.1 The rights and obligations of Employer 1.1.1 Employer shall give Service Company manpower demand planning, professions and personnel requirements, and shall advise Service Company one week ahead if there are any changes in the number of employment. 1.1.2 Employer shall provide labors dispatched by Service Company with labor protection appliances, and machines and tools for construction. 1.1.3 Employer shall be responsible for checking and confirming the work attendance of labors from Service Company, and shall verify the labor quantity on the first day of next month according to the working days of last month, and pay the relevant expenses to Service Company against the reception of equivalent VAT-included invoice (called “ppn invoice”) from Service Company. 1.1.4 Employer shall undertake the overtime salary and relevant Indonesia welfare expenses for Service Companys labors. 1.1.5 Employer shall pay at one time the labors Rp 2,500,000 as travel expenses of round trip, if these labors hereof are from other islands and work in bayah project for 8(eight) months; in contrast, Service Company shall undertake the relevant travel expense if the labors work in project less than a year. 1.1.6 Employer shall undertake 10.89% of total labor salary (will be calculated as “Payment A”) as social insurance (will be calculated as “Payment B”) for labors according to Indonesia law. (a. industrial injury compensation 0.89%; b. death compensation 0.3%; c. endowment insurance subsidy 3.7%; d. health subsidy 6%) 1.1.7 Employer shall pay to Service Company 12% of total labor salary(Payment A) and social insurance expense(Payment B) as administration expenses (Payment C; C=12%(A+B)；The salary and social insurance of administrative staffs of Service Company will be undertaken by Service Company itself.1.1.8 Employer shall provide Service Company with such accommodation and dining place as is flat and unblocked; and Employer will pay to Service Company Rp20,000(twenty thousand Rupiah) per day for each labor from other islands, Rp10,000(ten thousand Rupiah) per day for each local labor. 1.1.9 Employer has rights to dismiss or replace the illegal, unqualified and incompetent labor; Service Company shall obey unconditionally and cope with aftermath caused hereafter. 1.2. The responsibilities of Service Company 1.2.1Service Company shall comply with Employers requirement to recruit, train and manage relevant labors. 1.2.2 Service Company shall register the hired labors in roster, which shall include labors name, birth date, ID number, native place, birthplace, profession, educational background, family address, and training information and so on. 1.2.3 Service Company shall sign labor contract with hired labors in accordance with Indonesia law, and submit the copy to Employer for documentation as a record. 1.2.4 Service Company shall undertake the expenses on meal, living water and electricity for hired labors, and shall bear the cost of injury, illness, physical disability, death, medical treatment and other relevant expenses that are caused during working period; Service Company shall also deal with the aroused results and the comfort work. 1.2.5 Service Company shall apply for all formalities relating to labor employment during construction according to Indonesia laws, regulations, and the management system of local government; shall be responsible for the relationship with local government, relevant authorities and local residents, and paying the related expenses. 1.2.6 Service Company shall provide the labors with living and office facilities in accordance with the local culture and habits in Indonesia at the place provided by Employer, but such expense shall be undertaken by Employer. 1.2.7 Service Company shall dispatch 5 administrative staffs, 3 Chinese-Indonesia translators and at least 3 safety staffs (including 1 safety manager and 2 safety engineers); the safety staff shall hold relevant safety certificate, be qualified and be able to communicate in English and Bahasa Indonesia, it would be better if the safety staff can speak Chinese; these staffs shall be responsible for supervision management, safety management, safety education, administrative and accommodation and living guarantees, daily management and financial accounting of hired labors according to Employers requirement during construction period. Varieties of payment for these staffs will be undertaken by Service Company. 1.2.8 Service Company shall pay the social cost for hired labors, and submit the evidence of such payment to Employer. 1.2.9 Service Company shall take care of machines and tools that the labors receive from Employer, and shall return it to Employer every day when the job is finished; Service Company shall be positively to find the missing machines and tools used by employed labors; the cost will be deducted from Service Company based on actual amount of value, if the missing machines and tools cannot be found or it is deliberately damaged by Service Company employees. 1.2.10 Service Company shall strengthen the management of labors working on site, ensure to follow each system and regulation established by Employer on construction site, prevent misconducts such as fight, strike and disturbance, and forbid labor to stay at non-relevant construction area. Service Company shall coordinate and solve the dispute arising from labors immediately, and shall undertake relevant responsibilities and cost, if the labors hereof complain to the department of labor or other departments. 1.2.11 Service Company shall pay 2% withholding tax (called “pph”) for all expenses. 1.2.12 Service Company shall pay adequate amount of salary to labors on time according to the monthly verified labor quantity by Employer and salary standard agreed in contract. Service Company shall not be in deduction or arrears of salary for unreasonable reason, and shall submit to Employer the pay slip signed by labors after the labors received the salary. If Service Company deducts the labors salary without any unreasonable reason(s), Employer has rights to reimburse the labors the double salary from Service Companys administrative expenses. 1.2.13 Labors hired by Service Company shall observe the Indonesia law, regulations, and the local customs and habits. If the labors are expelled or penalized by local government for violation of Indonesia law, regulations, local religions, fighting, strike, or destruction of public property, Service Company shall undertake all responsibilities and losses. 1.2.14 Service Company cannot collect deposit by any forms from labors, and shall be fully responsible for the stability of labors in plant site. Service Company will bear all results arouse from the deposit. 1.2.15 Service Company shall ensure that the labors can work continuously for more than 6 month. If the labors leave the job because of sickness, injury, Service Company shall submit the written application to Employer for approval to leave. If labors that leave the job for unreasonable reason or are dismissed, Service Company shall undertake all losses caused hereafter. 2. Labor Recruitment The recruited labors shall have the following qualifications： 2.1 For male citizen, the age shall be 20-45, for female citizen, the age shall be 20-40; 2.2 The technicians shall be skilled, and competent to complete their assigned job independently. 2.3 All hired labors are healthy, legal, and non-disabled. 3. The labors salary standard and explanation. The Salary Standard of Indonesia LaborS/NProfessionSalary/daySalary/hourRemarks1WelderRp120,000Rp15,000焊工2Repair &MaintenanceRp110,000Rp13,750维修工3ElectricalRp110,000Rp13,750电气4RiggerRp100,000Rp12,500起重工5Pipe fitterRp100,000Rp12,500管工6FitterRp100,000Rp12,500装配工7ForemanRp120,000Rp15,000领工8Scaffold laborRp100,000Rp12,500架子工9HelperRp60,000Rp7,500力工10CarpenterRp90,000Rp11,500木工11Reinforcing iron laborRp90,000Rp11,500钢筋工12Surveyor Rp140,000Rp17,500测量工13Crane operatorRp120,000Rp15,000吊车司机14BricklayerRp90,000Rp11,500瓦工15Othersseparately prescribed by both parties4. Salary terms and conditions：4.1 Salary shall be calculated according to the working hours confirmed with Employer signature, and labor withholding tax is covered. 4.2 The salary do not include 10%VAT (ppn)4.3 The said salary standard shall not be adjusted for any other reasons; if the Indonesia law or regulation about salary standard is changed, the adjustment of the salary will be discussed accordingly. 4.4 The working day is 40 hours per week from Monday to Saturday (excluding meal time and rest time); the working times shall comply with the Employers arrangement. The labor who is absent on working day shall not be paid, unless otherwise specified in Indonesia law; 50% of daily salary shall be deducted from the labor(s) who come to work late and leave early within one hour, and no salary will be paid to labors who come late or leave early for more than 2 hour without the approval of Employer. If there is night shift, the working hours for daytime and night-time shall be calculated in aggregate. 4.5 All the labors will get one day off once a week, and the Employer will pay to the labor(s) who work on Sunday or public holidays twice of the daily salary. (Please list the Public Holidays)4.6 If the labors have to work overtime after 8 hours of normal work, the Employer will pay the overtime cost by 1.5 times of hourly salary for the first extra hour, and by 2 times of hourly salary for the followed extra hours. Overtime shall be subject to Employer calculation. 4.7 The payment method of labor salary and administrative cost: Employer and Service Company shall check together the quantity of labor for last month at the first day of present month; Employer shall pay the labor salary and administrative cost for last month to Service Company within 3 working days after the reception of equivalent VAT invoice from Service Company. The penalty of 3% of monthly payment will be paid to Service Company if the monthly payment from Employer is delayed for more than one month, but the total penalty will not exceed 10% of monthly payment.4.8 The labor salary and the administrative cost of labor service shall be all paid in Indonesia currency. 5. The treatment of injury, illness, physical disability and death for dispatched employees If the hired labor encounters injury, illness, physical disability and death during construction, Service Company shall treat and cure the labor, deal with aftermath accordingly, undertake the relevant cost, and handle all social relationships arising from it. 6. Labor protection Employer shall provide Service Company with each kind of labor protection appliances: one safety helmet, two suits of work clothes, and a pair of safety shoes. If the hired labor violates Employers management system to be absent for no reason or dismissed by Employer, Employer will deduct the cost of his labor protection appliances by the deduction method as below：6.1 If the working time of the labor is less than 1 month, 100% of total purchasing price shall be deducted; 6.2 If the working time of the labor is more than 1 moth but less than 3 months, 75% of total purchasing price shall be deducted; 6.3 If the working time of the labor is more than 3 moths but less than 6 months, 50% of total purchasing price shall be deducted; 6.4 If the working time of the labor is more than 6 months but less than 12 months, 25% of total purchasing price shall be deducted; 6.5 If the working time of the labor exceeds one year, no cost will be deducted. 6.6 The currency is Indonesia Rupiah. 6.7 The purchasing price of some labor protection appliances: safety helmet Rp50, 000/set, safety shoes Rp140, 000/pair, work cloth Rp140, 000/suit.7. Termination of employment of dispatched laborsEmployer has rights to dismiss the employees from Service Company with the following conditions； 7.1 The employee violates Indonesia law, regulations, local religious belief, and Employers terms and conditions. 7.2 The employee does not obey the job arrangement and management from Employer, and refuses to correct his errors despite (after) twice of warning; 7.3 The employee is negligent, comes late and leaves early in work, and refuses to correct his errors after twice of warning; 7.4 The employee involves in absence, fighting, disturbance, and organizes or takes part in strike;7.5 The employee is not able to do site work because of illness or injury caused not on the job. 7.6 Employer considers the employee as incompetent to do site work. 8. Payment ChannelEmployer will pay to Service Company the payment by telegraphic transfer form in the bank account below:Company Name: PT. Mutiara Indah AnugrahA/C No: 6450270588Bank BCA (Bank Central Asia)KCP Lendeteves Branch, JakartaNPWP: 03.098.873.7-027.000Company Address: SUPER BLOK MGK BLOK A No 8GUNUNG SAHARI SELATAN KEMAYORAN, JAKARTA PUSAT9. Liquidated damages 9.1 Both Employer an