(To be typed in the Company’s Official letterhead in English)
N.K. INTERNATIONAL PVT. LTD.
This Recruitment Agreement entered into by and between N.K. INTERNATIONAL
PVT. LTD.. With office address at Subarna Shamsher Marg, Ward No. 2- Gairidhara,
Lazimpat, Kathmandu, Nepal, represented by its Legal Representative Arjun Sharma and
(COMPANY NAME) with office address at (Full Address) herein referred to as the Foreign
Employer/Principal, set forth the following purposes terms and stipulations:
1.0 GENERAL PROVISIONS:
1.1 The Foreign Employer/ Principal shall utilize the facilities and services of
N.K. INTERNATIONAL PVT. LTD, for the purposes of recruitment,
processing and documenting Nepali workers recruited through the said Legal
Representative for its operation in MALAYSIA.
1.2 The Legal Representative shall make available to the employer prescreened
applicants as required. As maybe agreed upon by the parties, based on the
manpower request submitted by the Principal, the Principal shall have the final
say on the selection that shall satisfy the employer’s requirements for all
intents and purposes;
1.3 The services of the Representative shall include but not limited to medical
examination, processing, documentation, mandatory briefing/orientation on
the working and living condition at the country of employment;
1.4 The Representative shall provide facilities and services for the processing and
documentation of workers recruited by the principal under such terms and
conditions as maybe agreed upon by the parties;
1.5 The Principal approves and fully concurs with the imposition by the
Company/ Representative of fees against the workers in accordance with the
rules and regulations of the Department of Labor and Employment.
1.6 GUARANTEE: N.K. INTERNATIONAL guarantees each applicant
selected and deployed by N.K. INTERNATIONAL will be physically,
mentally fit and fully qualified for the position in which they are recruited for.
If found to be unfit within the 90 days probationary period, N.K.
INTERNATIONAL at no cost to the employer will replace the employee for
free. However, if the applicants are interviewed and selected by the foreign
employer/principal, N.K. INTERNATIONAL responsibility shall be limited to
medical fitness of the candidates after arriving at MALAYSIA and in case any
candidate is found medically UNFIT by the medical authorities in
MALAYSIA, such candidate shall be repatriated at N.K. INTERNATIONAL
cost to NEPAL.
3.0 TRAVEL ARRANGEMENT:
The Employer shall be solely responsible for bearing the expenses of securing the
entry Visa/Work Permits of the accepted workers and their air travel from Kathmandu
to Malaysia. Upon such confirmation by the Employer, the Legal Representative
shall arrange for the travel of the workers from Katmandu to MALAYSIA.
The Recruits shall take up employment under the standard Employment Contract as
per specimen attached.
5.0 AUTHORITY, JOINT AND SOLIDARY LIABILITY OF LEGAL
The Employer/Foreign Principal authorizes the Legal Representative as its agent and
representative in all matters involving the recruitment of Nepali workers.
By virtue of said authority, the Legal Representative is granted the following powers
5.1 To present the Employer/Foreign Principal before any and all government and
private offices/Agencies in the Nepal in relation to execution of this Recruitment
5.2 To sign, authenticate and deliver all documents necessary to complete any
transactions related to such recruitment, including making necessary steps to
facilitate the departure of the recruited worker.
5.3 Subject to the prior approval of the Principal, to bring suit, defend and enter into
any compromise for and on behalf of employer/Foreign Principal in litigation
involving the recruitment and employment of Nepali workers for the said
5.4 To assume jointly and solidarily with the Foreign Principal any liability and
responsibility that may arise in connection the full implementation of the
6.0 RESPONSIBILITIES OF THE EMPLOYER:
6.1 The Employer shall exert all possible efforts to enhance the welfare and protect
the rights of the Nepali workers recruited under this agreement in accordance with
international covenant of expatriate employment and in accordance further with
the best possible treatment already extended to other workers at this site of
6.2 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 Nepalese
Embassy/Consulate/Labor Attaché nearest the site of employment and/or the
employer’s Legal Representative of the said event.
6.3 In case of the death of the employee, the employer shall bear the expenses for the
repatriation of the remains of the employee and his/her personal properties to the
worker’s relatives in the Nepal 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 Nepalese Labor
Attaché/ Embassy or Consulate.
In all cases the employer shall insure that the benefits due the employer shall be made
available to his beneficiaries within the shortest possible time.
7.0 SETTLEMENT OF DISPUTES:
7.1 In case of disputes arising from the implementation of the employment contract
between the employer and the worker, all effort shall be made to settle them
amicably. If necessary, such negotiations shall be undertaken in cooperation and
with the participation of the Nepali Labor Attaché/Consulate/Embassy nearest the
site of employment.
7.2 In case amicable settlement fails, the matter shall be submitted to the competent or
appropriate body in the country of employment. During the process of settlement
or while the case is pending, the pending worker shall endeavor to fulfill his
contractual obligation and the employer shall ensure that such obligations be
undertaken without duress or recrimination;
7.3 In case of disputes involving this Recruitment Agreement, the parties thereto must
attempt to resolve them amicably. If the efforts to amicably settle fails; then the
dispute shall be referred to the competent or appropriate body in the country of
8.0 TERMINATION OF AGREEMENT:
Recruitment Agreement shall be in effect for a minimum period of two (2) year from
the date appearing herein below unless sooner terminated by either party after thirty
(30) days prior to a written notice. In any case, the responsibility of the parties shall
be in effect up to the last employment contract signed with recruited workers and the
rights of the workers recruited under this agreement must be recognized and the terms
and conditions of the contract of employment shall be strictly adhered to and
complied with. Unless, either party notifies the other of its termination, this agreement
shall be automatically extended for or renewed by another two (2) years.
9.0 GOVERNING LAWS:
This contract shall be the law between parties and shall be interpreted in accordance
with the Laws of Government of Malaysia.
Any notice to be served by any party to the other party under this Agreement shall be
served on the address of respective parties mentioned hereinabove.
This Agreement cannot be assigned by any party without the express written approval
of the other party.
IN WITNESS WHEREOF, we have hereunto set our hands this 26th day of July, 2009, at
N.K. INTERNATIONAL PVT. LTD .
(Authorised Signature & Seal)
SUBSCRIBE AND SWORN TO BEFORE ME this______day of ________200______
Affiant exhibiting his/her _______________________________# _________________ on
_______________ at ___________________________________________________.
Doc. No. ______________. NOTARY PUBLIC
Page No. ______________.
Book No. _____________.
(To be typed in the Company’s Official Letterhead in English)
SPECIAL POWER OF ATTORNEY
KNOWN ALL MEN THESE PRESENTS:
I, (Name of authorised person), of legal age, in my capacity as (post) of (company name) with
address at (full address), appoint N.K. INTERNATIONAL PVT. LTD . with office address at
Subarna Shamsher Marg, Ward No. 2- Gairidhara, Lazimpat, Kathmandu, Nepal to be our
Attorney-in-Fact, for us and in our name, to perform the following acts and deeds.
1. To represent our company before any and all government and private offices/agencies in the
Nepal in relation to the execution of the Recruitment Agreement signed between (Company
Name) and N.K. INTERNATIONAL PVT. LTD .
2. To enter into any and all contracts with any person, corporation, institution or entity in a joint
venture or as partner in the recruitment, hiring, and placement of Nepali contract workers for
3. To assign, authenticate and deliver all documents necessary to complete any transaction
related to such recruitment including making the necessary steps to facilitate the departure of
4. Subject to the Principal’s approval, to bring suit, defend and enter into compromises in my
name and stated in litigations brought for or against our company in all matters involving the
employment of Nepali Contract Workers for our company:
5. To assume jointly and solidarity with the undersigned company, any liability that may arise in
connection with the contracts, worker’s recruitment and/or implementation of the
employment contract and other terms and conditions of the appointment.
HEREBY GRANTING unto our said representative full power of authority to act in our behalf as
recruitment agent and to execute or perform whatsoever requisite or proper to be done in about the
premises as fully to all intents and purposes as I might or could lawfully do if personally present, with
power of substitution and revocation and hereby ratifying and confirming all that my/our said Legal
Representative or his substitute shall lawfully do or cause to be done under and by virtue of these
(Name of authorised person).
(This Power of Attorney must be attested by hte chamber of commerce and the Nepalese Embassy)
(To be typed in Company’s Official Letterhead in English)
24th October, 2008
N.K. INTERNATIONAL PVT. LTD
Subarna Shamser Marg,
Ward No. 2- Gairidhara, Lazimpat,
Re: DEMAND LETTER
This is to authorize your company, N.K. INTERNATIONAL PVT. LTD., as the recruitment
agent. Herewith is our requirements for the following categories professionals and skilled
workers for legal employment in Malaysia.
Profession Number of Recruits Minimum Monthly Salary
Terms & Conditions :
Food : Food Allowance of $ 80 per month
Accommodation : Provided by the Company
Medical : Coverage of Accident Policy Insurance as per
Malaysia Labor Law
Uniform : Provided by the Company
Transportation : Provided by the Company
Overtime : As per company rules and Malaysia Labour Law
Working hours : 48 hours a week
Period of Contract : Minimum 2 years
Leave : 30 days per year of completed service
Joining Air Ticket : Provided by the Company
Return Air Ticket : After every two years of service
Residential Permit : Provided by the Company
All other terms and conditions as per the Country’s Labour Law.
For (Company Name)
(Name of authorised person)
(This Demand Letter must be attested by the Chamber of Commerce of the concerned
country and the Nepalese Embassy)
(To be typed in Company’s Official Letterhead in English)
Department of Labor & Employment Promotion,
Ministry of Labor & Transport,
Government of Nepal.
Re: Guarantee for local employment
M/s, N.K. International Pvt. Ltd., Subarna Shamsher Marg, Ward No. 2-, Gairidhara,
Lazimpat, Kathmandu, Nepal having license No. 631/063/064 is our true and lawful
recruiting Agent in Nepal. We have already provided all the necessary documents for
recruiting the Nepali workers from Nepal. W are recruiting Nepali workers through M/s,
N.K. International Pvt. Ltd.. We have agreed and promised not to deploy our workers to any
other country or Company other than mentioned in our contract. All the workers will be
working with us in our above mentioned Company. We will be responsible on this matter.
This is our guarantee letter on behalf of our Company.
Name of Employer:
(Seal & Signature)