Party A Сторона А : employer
Address :
Name :
Contact information :
Email :
Party B Сторона Б :
Labor Contract for the position of singer
Article 1. Contract period and place
1.1.
In accordance with the “Labor Law of Kingdom Malaysia“ and other relevant international legislations, Party A and Party B concluded this labor contract (hereinafter referred to as “Contract”) based on principles of equality and voluntariness.
1.2. Labor relations come into force after this Contract is signed. Parties are not eligible to make a visa, buy tickets or start working without the signed Contract. Duration of contract is 2 month commencing on to . Company reserved the right to continue or terminate the contract after first month working duration. starting with the first working day. Labor relations are terminated after working period is over and all obligations under this Contract are fulfilled. One month prior to the Contract expiration Parties can prolong this Contract by reciprocal negotiations and agreements.
Article 2. Living and working conditions and labor protection
2.1. Party A is obliged to provide safe and healthy working environment complying with the state regulations, ensure personal and working safety without harmful environmental conditions. Party A also guarantees that it will not engage Party B in prostitution, other immoral and/or illegal activity.
2.2. Party A will provide accommodation for Party B during the Contract period. The accommodation must be clean and heated, including clean bedding, working bathroom fitment, hot water, Internet, with no more than 2 people of similar nationality in one room and no more than 4 people for one bathroom. Party
B has to carefully maintain the provided apartment, keep it clean and save water and electricity. If the apartment was damaged deliberately, Party B has to compensate losses at its own expense. In its turn
Party A has to solve all emerging apartment issues as soon as possible.
2.3. Place of employment should be no more than 20 minutes walking distance away from place of residence, otherwise Party A must cover transportation costs. Also Party A has to provide clean, heated room, where Party B can change and keep costumes, and drinking water after performances.
2.4. Parties agree with the following routine of work:
(1) Working hours of Party B cannot exceed (5) hours per day from 10:00 pm till 03:00am
Party A Сторона А: Party B Сторона Б:
(2) Duration of no more than 120 minutes per night;
(3) During the period of this Contract Party B is required to have no less than (10) costumes
(4) Party B will do make up and hairset by herself. If Party A unsatisfied about it will be use make up artist provided by Party A. Party B need to pay 75 USD as make up and hairdresser fees to Party A, it will be direct deduct from Party B salary per month.
(5) Party A will provide 2 free meals per day: dinner and supper. Party B only can choose any foods inside the menu that Party A provided; Party B agreed will be reach at company on 9pm for having dinner.
(6) Party B must remain polite and friendly to customer. Party B must be always follows Supervisor and
Managers instruction during working hours. Party B agreed for take photos with the customers during working hour when Party A agreed for it. Party B can do PR etiquette in working hours.
(7) Party B willing to bring her own live musical accompaniment come to Malaysia for her own performance, and she need to be cooperate with the keyboard player that provided by company.
(8) Party A will provide transportation to Party B during contract period (The transportation provided between accommodation to performance venue ONLY).
(9) Party A reserved the right to deployed singer to company branches (transportation will be provided)
(10) Party B agreed willing drink a little bit beer (Precondition: Party B does not allowed in a drunk condition during working period)
(11) Party B agrees will be do the rehearsals on noon time and cooperate with the Party A.
(12) Flower Commission: When reach target MYR 10,000.00, start from MYR 10,001, Party B will be get 10% of the total flowers. First MYR10,000 flower is no any commission for Party B.
2.5. If during working time there was a damage caused to the health of Party B, Party A covers all applicable expenses. If it happened within non-working hours, Party B covers all costs individually.
2.6. Party A agrees that passport is a private property and it belongs to Party B solely. Party A may not demand or withdraw it under any circumstances. All pictures and videos of Party B during the Contract validity period may be used by Party A to find available job, support or promote Party B.
Article 3. Salary and costs
3.1. According to this Contract, Party A is obliged to pay Party B its monthly salary at the rate of ($ 1700
USD). Salary starts being calculated from the first working day and it are paid (1 time per month) times per month and cannot be changed, the days that Party B doesn’t work due to the fault of Party A. If salary was delayed for more than 3 days, Party B may not go to work until all outstanding payments have been received. Salary is paid for such days the same as for working days by Party A.
3.2. Party A is obliged to pay for flight of Party B: from Ukraine to Malaysia and back from Malaysia to
Ukraine. Party A is obliged to buy a return ticket one month before the expiration of this contract.
Party A Сторона А: Party B Сторона Б:
3.3. Party A should prepare a visa and cover its costs for Party B, if Party B has to apply for a visa independently, Party A should reimburse all expenses within 3 days time after arrival of Party B with present receipt. If visa has expired due to the actions of Party A, Party B may not go to work until all necessary documents have been applied for Visa issuing. Salary is paid for such days the same as for working days by Party A.
(а) Party B willing to use tourist visa for the first month working in Malaysia, and also willing to coordinate with Party A to apply her another month working permit in Malaysia. If another month working permit is not approved by the Malaysia Immigration Department and Puspal, Party B agrees terminate the Contract with Party A and return to Ukraine without any terms and conditions.
3.4. Party B has 2 mandatory not paid days off per month. Party A arranges schedule of days off at its own discretion notifying Party B at least 3 days prior to the date of a scheduled day off.
3.5 In order to avoid misunderstandings related to finance namely - the payment of tickets in the event of termination of the contract due to the fault of Party B, Party A retains an artist wages for the first 15 working days as an advance. Upon expiration of the contract wages for the 15 working days shall be compensated in full.
Article 4. Labor discipline and financial compensation
4.1. In case if personal data provided by Party B (CV data, pictures and video) is different from the real life,
Party B has to pay a fine of 150$ for each working month of this Contract.
4.2. In case of refusal to fly or lateness to the flight, Party B is obliged to compensate the full cost of the ticket. Otherwise, Party A will press charges to the police against Party B for damage restitution.
4.3. Party A is not responsible for any problem of Party B connected to alcohol or drug use; also if Party B cannot perform its working duties because of alcohol or drug intoxication before or during a show, resulting in loss to Party A, Party B is obliged to compensate such loss.
4.4. In case of overtime hours, days, or shows involving performance of Party B, Party A is obliged to pay
Party B a respective a premium.
4.5. If Party B violates labor discipline, Party A has the right to fine Party B according to this Contract. Party
A has no right to impose a penalty if the amounts of penalties are not specified. If Party B constantly violates labor discipline, Party A may terminate this Contract according to the paragraph 5.3. (3):
(1) For coming late to rehearsal or work 20-50$
(2) If Party B influenced a delay or an improper performance of the show 20-50$
(3) If stage properties were stolen, destroyed, damaged or lost (costumes, equipment, records etc), their full cost has to be compensated only if proper storage conditions have been provided earlier.
Article 5. Contract Modification, Termination and Revocation
Party A Сторона А: Party B Сторона Б:
5.1. After signing of this Contract both Parties must fully perform their obligations under this Contract. No
Party can unilaterally modify the Contract. If necessary both parties have the right to modify this Contract under the mutual agreement in writing. If Parties do not reach consensus, the current Contract remains in force.
5.2. Contract is terminated if its validity period is over or by mutual consent of Parties or according to the clauses provided by this Contract. In any case, if Contract was terminated, Party A is liable to pay Party B its salary for all hours worked, including the days when Party B did not work due to the fault of Party A.
5.3. Party A has the right to terminate this Contract under one of these circumstances:
(1) Personal data provided by Party B (CV data, pictures and video) is different from the real life or Party B is unable to perform working duties due to incompetence or absence of necessary skills and experience, or refusal of two or more employers to accept Party B;
(2) Party B fails to work properly; performance quality is low, constant social conflicts involved, regular violations of labor discipline, corporate rules and standards;
(3) Party B has criminal charges according to the law;
(4) Party B is employed by other company full time or signed another labor contract without notifying Party
A. If Party B found extra work by itself it is obliged to inform Party A and can start working only after its approval. Party A may require a percentage of the salary.
5.4. Party B has the right to terminate this Contract under one of these circumstances:
(1) Party A fails to meet Contract terms, rewrites or changes this Contract, ignores the genuine meaning of this Contract by lying, threatening and abusing of alien status of Party B;
(2) Party A fails to provide labor protection and proper working or living conditions of Party B.
(3) If Party A forces Party B to work by means of violence, threat or illegal restriction of personal freedom. ,
Party B has the right to terminate this contract immediately.
Article 6. Applicable Law
6.1. If the terms of this Contract cannot be fulfilled because of earthquake, typhoon, flood, fire, war or other unpredicted or unavoidable accidents, Party A should advise Party B immediately and provide instructions offered by local authority. After negotiation, some clauses of this Contract can be cancelled or added.
6.2. The formation, validity, interpretation, execution and dispute settlement of this Contract can be applied to the international law. All disputes emerged during this Contract are solved by Parties negotiation If Parties get no settlement of the dispute, it should be transferred to the relevant court of the
Contract’s originating country or to the International Commercial Arbitrage
Party A Сторона А: Party B Сторона Б:
6.3. This Contract is made in two copies of equal legal force, one for each Party, signed and sealed by Party
A and signed by Party B and comes into force after it is signed by Parties. This Contract is valid until all obligations by both Parties are fulfilled. All grammar mistakes if any shall not be considered as controversies, except numbers and names.
Date :
Party A Сторона А: Party B Сторона Б: