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PRELIMINARY AGREEMENT

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PRELIMINARY AGREEMENT Powered By Docstoc
					                                         AGREEMENT

       NUMBER...........................ON............................................20.......



On this…………day of………......................................, 20....… ,based upon the
Regulations for the Terms and Conditions of Employment Mediation Services
/Decree of the Council of Ministers No. 107 dated May 17th 2003 for approval of
the Regulations for the Terms and Conditions of Employment Mediation
Services, promulgated in the State Gazette No. 49 of May 27 th 2003/ the
following agreement was signed by and between:

   1. ……………………………………………………………………………………
      ……………………………………………………………………………………
      ……………………………………………………………………………………
      ……………………………………………………………………………………
      hereinafter called the EMPLOYER as the one Party,
      and
   2. “COMEXNET” Ltd., №155/2004 of the Regional Court, city of Shumen,
      with a head office and place of registration: Republic of Bulgaria, town of
      Shumen, 6A Presviter Grigoriy St, VAT: BG 127577696, represented by
      Mr. Emil Ivanov Georgiev - manager, hereinafter called the MEDIATOR
      as the other Party:


                   PARTIES AGREED FOR THE FOLLOWING:

SUBJECT OF AGREEMENT
1.1 The EMPLOYER shall assign, and the MEDIATOR shall perform the
following: Тhe MEDIATOR shall provide services in selection of personnel and
consultations on the available jobs, stated in an Appendix to the present
Agreement, which shall be deemed inseparable part of it.
2.1 The MEDIATOR shall provide to the EMPLOYER the following services
during the implementation of the Request for Aapplication:
2.2 The MEDIATOR shall, using proper selection methods, find and select
applicants to meet the requirements of the job description for an available job
and shall contact them.
2.3 The MEDIATOR’s consultants shall interview those applicants, who meet
the EMPLOYER’s criteria and show serious interest towards the job.
2.4 The MEDIATOR shall submit to the EMPLOYER the applicants’ files,
containing detailed information on their education, professional experience and
additional or improved qualification.
2.5 The MEDIATOR shall provide at least three applicants, who meet the
selection criteria for a certain job.
2.6 The MEDIATOR shall tests the applicants /psychologically and
professionally/, if so required by the EMPLOYER. Payment for this service shall
be agreed additionally.
2.7 The MEDIATOR shall check, free of charge, the authenticity of the
recommendations, submitted by the finally approved applicants, if so required
by the EMPLOYER.
2.8 In the process of his work with the MEDIATOR, the EMPLOYER shall do
the following:
2.8.1 The EMPLOYER shall submit to the MEDIATOR a detailed job description
and perfect applicant’s profile. This information shall be stated in the Selection
Criteria for the certain job /See Application – order №2/.
2.8.2 The EMPLOYER shall interview the applicants, selected by the
MEDIATOR, and submit the results from the interview to the MEDIATOR within
15 days from the date of submission of the applications. The final selection shall
be made by the EMPLOYER.
2.8.3 The EMPLOYER shall promptly inform the MEDIATOR for any changes in
the requirements, contained in the Request for Application.
2.8.4 The EMPLOYER shall inform within 3 days for the assignment of an
applicant to a certain job.
2.8.5 The EMPLOYER shall submit to the MEDIATOR complete information
and conclusions on the reasons for termination of a contract with an assigned
applicant, who hasn’t met the requirements within the probation period.
2.8.6 The EMPLOYER shall inform the MEDIATOR for any discreapncy
between the proposed applicant’s qualification and the requirements for a
certain job, and shall require additional applicants and interviewing.
2.8.7 To take out a health insurance at his/her expense, on the occasion of an
illness, accident or death of the candidates employed, prior to their departure
from the Republic of Bulgaria. The insurance must be operative on the territory
of the given foreign country during the term of the individual employment
Agreement, which was signed, as well as during the time of travelling.

PRICES AND TERMS OF PAYMENT
3.1 The EMPLOYER shal pay to the MEDIATOR a fee for the provided
mediations services, in the amount stated in details in Application No. 3 to the
present Agreement.
3.2 The fee, mentioned in the above Clause, shall be due within three days
from the assignment date of an applicant.
3.3 The intermediary services for the job-seeking or employed candidates are
implemented against payment by the employer, which cannot be at the expense
of the remuneration of the person employed.
3.4 The MEDIATOR shall be deemed free of obligations after the EMPLOYER
has assigned an applicant, signed a contract with him/her, and the probation
period of the applicant has expired.

INDEMNITIES AND LIABILITIES
4. If the EMPLOYER fails to pay the due sums within the terms and at the
conditions, agreed in Appendix No. 1, the EMPLOYER shall be bound to pay an
indemnity in the amount of the lawful interest over the unpaid sums for each day
overdue.
5. The MEDIATOR shall not be deemed liable for unfulfilled obligations under
the present Agreement, if:
5.1 The EMPLOYER has not fulfilled his obligations under Clause 2.8.1 of the
present Agreement.
5.2 The MEDIATOR cannot reach the EMPLOYER, or an applicant has
declined to meet the EMPLOYER for personal reasons, unwillingness to be
interviewed, etc.
5.3 There is an objective reason that has hindered the MEDIATOR to fulfill his
obligations under the present Agreement.

GUARANTEES
6.1 In cases when an applicant, proposed by the MEDIATOR and assigned by
the EMPLOYER, has been discharged /except for the cases when the
EMPLOYER has not clarified his requirements stated in the Request for
Application, or has cancelled the job/, the MEDIATOR shall guarantee provision
of another applicant, meeting the requirements stated in Application – order
№2

CONFIDENTIALITY
7.1 Parties shall deem confidential the whole business information, transferred
between the parties and used for the implementation of the present Agreement,
such as: information on clients, partners, business plans, prices, salaries,
applicants, etc.
7.2 All documents and materials, connected with the subject of the present
Agreement, either originals, or duplicate copies shall be deemed strictly
confidential, and the information contained therein shall be deemed commercial
secret.
7.3. The sharing and use of information, data about the users, data about the
vacancies and the job-seeking people, is done according to the Law for
Personal Data Protection, and the Law for Public Data Access (article 19 (3) -
Official Gazette, issue 52/2006, in effect since 27.06.2006)

MISCELANEOUS
8. 1 The term of the present Agreement shall be till 20.02.2012 / the validity
period of the Agreement cannot be longer than the validity period of the
certificate/. The validity period begins from the date of the Agreement signing.
8.2 The term of Agreement cannot be extended by mutual written agreement
between both Parites.
8.3 This Agreement can be terminated, if the EMPLOYER has signed a
contract with an applicant, proposed by the MEDIATOR, at conditions, not
agreed in the present Agreement or in Applications Nos 1 & 2 to the Agreement.
8.4 This Agrement shall be deemed completed after fulfilment of all
 obligations of the MEDIATOR and the EMPLOYER, stated herein.
8.5 All contacts of the EMPLOYER with the applicants shall be
 made exclusively with the participation and assistance of the MEDIATOR.
8.6 If the EMPLOYER has contacted and assigned some of the applicants,
proposed by the MEDIATOR, within a term of 6 (six) months, the EMPLOYER
shall inform the MEDIATOR for his actions in this respect and shall pay the due
fees to the MEDIATOR in accordance with the requirements of the present
Agreement.
9. Any change in the Clauses of the present Agreement can be done only in
written, by mutual agreement between the Parties.
10. Any dispute, arising from the interpretation and implementation of the
present Agreement, shall be settled by written agreement between the Parties,
in accordance with the requirements of the applicable legal practices.
11. Any matter, unsettled in the present Agreement, shall be arranged in
accordance with the current civil legislation of the Republic of Bulgaria.
12.1 Parties under the present Agreement shall have the following addresses
      and contacts:

For the EMPLOYER:                   For the MEDIATOR:

                                     Emil Georgiev, Mr.
                                     Мanager

                                     COMEXNET LTD.
                                     BG 9700 Shumen
                                     6A Prezviter Grigoriy St.
                                     Republic of Bulgaria, Europe
                                     Tel.: ++359 54 980899
                                      Fax.: ++359 54 980901
                                      Mobile: ++359 89 8508010
                                     e-mail: office@comexnet.eu
                                      www.jobs.comexnet.eu

12.2 Any change in the contacts and addresses, stated in the above Clause,
shall be promptly advised to the other Party.

This Agreement was signed in two identical copies – one copy for each of the
Parties.



                               SIGNATURES:


On behalf of the EMPLOYER:        On behalf of the MEDIATOR:

…………………………………..                  ………………………………….
                      APPLICATION 1

                    OFFERS
OF THE EMPLOYER, OFFERING FREE WORKING POSITIONS


OFFERS MADE BY
…………………………………………………………..............(company name)
REPRESENTED BY ……………………………………………………...............
OFFICIAL POSITION
……………………………………………………………….............
ENTERED INTO AN AGREEMENT NUMBER……...................
FOR INTERMEDIATION IN INFORMING AND HIRING STAFF
ON............................................…………………................(date)


OFFER 1:
Place of work:
Type of work:
Profession:
Education:
Extra qualification:
Reward:
Number of offered positions:



OFFER 2:
Place of work:
Type of work:
Profession:
Education:
Extra qualification:
Reward:
Number of offered positions:




On behalf of the EMPLOYER:         On behalf of the MEDIATOR:

…………………………………..                   ………………………………….
                         APPLICATION – ORDER 2

Today on this........day of...........……………,20.....as far as the contract
between
       1.…………………………………………………………………………………
……………………………………………………………………………………………
………………………………………………………………………………..................
……………………………………………………………………………………...........
hereinafter called the EMPLOYER as the one Party,
       and
       2.“COMEXNET” Ltd., №155/2004 of the Regional Court, city of Shumen,
   with a head office and place of registration: Republic of Bulgaria, town of
   Shumen, 6A Presviter Grigoriy St, represented by Mr. Emil Ivanov Georgiev
   - manager, hereinafter called the MEDIATOR as the other Party

is concerned, they have reached the agreement for:

As far as the free work positions from Application 1 are concerned, the
EMPLOYER delegates to the MEDIATOR to recriut applicants for the given
position who correspond to the following:
       1. profession:
       2. education:
       3. specialized in:
       4. qualifications:
       5. length of service:
       6. years:
       7. others: no
As far as the application the EMPLOYER offers:
       1. time limit of hiring:
       2. work time:
       3. rest:
       4. holiday:
       5. reward:
       6. living standarts:
       7. health insurance: yes
       8. compensation for:
       A/ labour accident - yes
       B/ temporary or permanent work incapability - yes
       C/ death - yes
       9. Pro-term ceasure of the labour agreement
       10. Transport spendings of the arranged people to the place of work,
           usage of the annual leave and come back to Bulgaria: yes
       11. Permits for work: yes
       12. Others: no.

Considering the mentioned criteria the MEDIATOR is obliged to make the first
selection of the applicants and to inform the EMPLOYER about them.
The MEDIATOR is obliged to ensure the carrying out of an interview between
the EMPLOYER and the applicants, considering the negotiated conditions and
in the cases when it is necessary.

The EMPLOYER is obliged not to change the declared conditions except for
when it is necessary and he must inform the MEDIATOR right away.


On behalf of the EMPLOYER:       On behalf of the MEDIATOR:

…………………………………..                  ………………………………….
                               APPLICATION 3

      Today……20.……             considering        the     contract        between
      1.…………………………………………………………………………………
      ……………………………………………………………………………………
      ……………………………………………………………………………………
      ……………………………………………………………………………………
      hereinafter called the EMPLOYER as the one Party,
      and
      2.“COMEXNET” Ltd., №155/2004 of the Regional Court, city of Shumen,
      with a head office and place of registration: Republic of Bulgaria, town of
      Shumen, 6A Presviter Grigoriy St, represented by Mr. Emil Ivanov
       Georgiev - manager, hereinafter called the MEDIATOR as the other
       Party:

is concerned, they have reached the agreement for:

1. The EMPLOYER shall pay to the MEDIATOR a fee for the provided
mediations services the sum of 100 EUR for each successful placement of
candidate presented to the EMPLOYER.
2. In a three-day term from the appointment of the approved applicant the
EMPLOYER is obliged to inform the MEDIATOR about this and also about the
amount of the recompensation of labour remuneration (the salary).
3. If the EMPLOYER once again announces the position as available, after an
applicant suggested by the MEDIATOR has already been appointed, the
EMPLOYER is obliged to pay the negotiated reward.
4. If the EMPLOYER contacts or hires some of the candidates suggested by
the MEDIATOR in a 6-months term, the EMPLOYER has to inform the
INTERMEDIARY about that and to pay the service, concurring the present
contract and its applications which are inseparable part of it.
5. All extra expenses of the MEDIATOR connected with the submission and
organisation of the following services are taken up by the EMPLOYER :
        5.1. for an organised interview and conversation – agreement.
        5.2. for professional testing of the applicants – agreement.
        5.3. for psychological testing – agreement.
        5.4 for transport of the MEDIATOR and/or the applicants considering the
transport expenses to the locality of the site.
        5.5. for translation and legalization of documents considering the
expenses.
        5.6. for others specified services – agreement.
6. Changes in the clauses of the Application are possible only with mutual
agreement and annex to the contract signed by both sides.
7. If there are aleatory cases in this Applications the reward is defined
analogically or by mutual agreement.

On behalf of the EMPLOYER:         On behalf of the MEDIATOR:

…………………………………..                    ………………………………….

				
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