Offshore Staffing Partnership Agreement
In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client,” and the party who will be providing the services shall be referred to as the “Company”.
Offshore Staffing Partnership Agreement
In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client,” and the party who will be providing the services shall be referred to as the “Company”.
Description of Services
The Company will provide the following services (collectively, the “Services”):
1. Human Resource Services
Recruitment
Job Description Development
Sourcing Candidates
Job Analysis (e.g., Salary Ranges for certain positions)
Interviews
Offering advice on hiring decisions
Resume Validation
Reference Check
2. Employment Services
Hiring
Onboarding
Brief
Welcome Gift
Management Services
Work Hour Tracking
Administering Benefits
Holiday, Internet, Sick Days, Overtime Pay
Healthcare Provider Management
Paperwork for additional coverage for spouse and children
Equipment Services
National Bureau of Investigation (NBI) Clearance
Purchasing
Issuing Laptops and other technology
Equipment Recovery
Team Building Activities
Local and International Activities
Coordination of travel, stay, and accommodations.
Christmas Parties
Quarterly Meetups
Employee Disputes Management
3. Compliance with Federal, Providence, and City labor laws and regulations
4. Talent Services
Payroll
Benefits
Time Off Tracking
5. Contracts Management
Employee Contracts
Non-Disclosure Agreement
Employee Background Check
Service Costs
The Client agrees to pay Design Source Media LLC based on our Fee Schedule. This includes:
1. On Sign up: Engagement Fee of $1,299
Our engagement fee is your key to custom-tailored offshore staffing solutions. It covers the onboarding, personalized consultation, and a dedicated account manager to seamlessly integrate our skilled professionals into your operations. Boost your efficiency and productivity with us – success starts with engagement!
Once signed up this fee is non-refundable.
Trial Placement Guarantee:
If you’re not happy with your first placement during a one-month trial period, DSM Talent will provide up to two more replacements at no additional cost. If no suitable replacements are found, DSM Talent will refund the engagement fee.
2. Monthly Talent Fee
Cost of hiring the talent for the full-time position. This varies based on the role, market, and seniority.
Performance & Retention Guarantee:
If your talent is not performing well (as determined through DSM Talent’s 3-strike policy) or quits, DSM Talent will find a replacement at no additional engagement fee. The client is responsible for providing documented feedback on performance issues.
Employee Benefits:
Note: These are the benefits that will be provided to the Filpino hire. We created a comparison charge so it's easy to understand.
Benefits
Philippines
US Equivalent
Social Security System (SSS) Contributions
Benefits for retirement, maternity, disability, sickness, and death.
Social Security Administration (SSA) benefits.
PhilHealth
Government health insurance.
Medicare (primarily for seniors); otherwise, private health insurance.
Pag-IBIG Fund (HDMF)
Savings and loan program for housing.
No direct equivalent, though 401(k) plans may include options for loans, including for home purchase.
13th Month Pay
Mandatory extra month's salary paid at the end of the year.
No equivalent; bonuses are discretionary.
Vacation Leave
The minimum is ten days.
No federal requirement; varies by employer.
Sick Leave
The minimum is ten days.
No federal requirement; varies by employer.
Bereavement Leave
3 Days for death of close relatives
No federal requirement; varies by employer.
Maternity/Paternity Leave
Maternity Leave: up to 105 days paid leave for childbirth, with an additional 15 days for solo parents. Paternity Leave: 7 days paid leave.
Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave. Some states have paid leave laws.
Holiday Pay
Premium pay on national holidays.
Paid holidays vary by employer; not federally mandated.
Overtime Pay
Required for work beyond eight hours per day.
Required by the Fair Labor Standards Act (FLSA) for over 40 hours/week.
Night Shift Differential
Additional pay for work between 10 PM and 6 AM.
No federal requirement; varies by employer.
Retirement Pay
Employees aged 60 (optional retirement) or 65 (mandatory retirement) with at least 5 years of service are entitled to retirement pay, typically half a month's salary for every year of service.
Contributions to retirement savings plans like 401(k); Social Security benefits.
Severance Pay
The Labor Code mandates separation pay for terminations due to authorized causes, calculated as a half month's salary per year of service, plus at least a month's notice or equivalent pay, with extra provisions for illegal dismissals.
Dependent on state laws and negotiations, with the WARN Act mandating 60 days' notice for major layoffs by certain employers.
Health Card
Health cards are provided by private insurance companies and offer coverage beyond the basic national health insurance (PhilHealth). Covers consultations, hospitalization, emergency care, dental, and wellness.
Private health insurance, often supplements government programs (Medicare, Medicaid). Broad range, including doctor visits, hospital stays, preventive care, prescriptions.
Payment Collection Policy
Payments are always collected before the first day of work.
Payments are collected at least 2 weeks before the start of the month.
Initial Hiring and Invoicing
Upon hiring (e.g., hired on April 10th, start date April 16th):
The first invoice covers the employment period from the start date to the end of the month (April 16-30, 2024), billed on a prorated basis.
A second invoice for the upcoming month (May) will be issued concurrently, due 14 days before the month begins.
Payments are collected at least two weeks before the start of the month.
Regular Invoicing Cycle
Invoices are sent on the first day of each month following the initial month.
The payment due date is 15 days after invoicing.
This schedule ensures payments are collected 15 days before the new month, supporting uninterrupted service and timely payroll funding.
Assistance with Procurement of Company Equipment for Employees:
Design Source Media LLC is pleased to assist employees in acquiring any necessary equipment or materials. While we take care of the procurement process, it's important to note that the Client will be responsible for all related costs, including equipment, materials, and shipping fees.
When we assist with purchases, such as company laptops or other necessary equipment, these costs will be clearly itemized as separate line items on our monthly invoice. This approach ensures clarity and precision in billing, maintaining transparency in our business relationship.
Company Holidays:
DSM Talent follows the standard U.S. National Holidays unless the client provides specific holiday preferences. If no guidance is given, we will assume and observe U.S. National Holidays for the talent assigned to your account.
Customizing Holiday Schedules:
Clients can discuss and customize the holiday schedule with their DSM talent during onboarding. This includes the possibility of:
Following U.S. Holidays:
Standard practice unless otherwise specified.
Following Philippine Holidays:
An alternative option for clients who prefer aligning with the talent’s local holidays.
Combining Both:
Some clients choose to observe both U.S. and Philippine holidays, and may even add additional holidays at their discretion.
Important Note and Step:
If a customized holiday schedule is desired, please fill out this Company Holidays and Work Schedule Form if you skipped it on the onboarding phase. This allows us to adjust the employee contract and provide timely reminders to ensure smooth coordination.
DSM Talent's Standard Holidays
JANUARY
New Year's Eve (1st day of the month)
MAY
Memorial Day (last Monday of the month)
JULY
Independence Day (4th day of the month)
SEPTEMBER
Labor Day (1st Monday of the month)
NOVEMBER
Thanksgiving (4th Thursday of the month)
Black Friday (Friday following Thanksgiving)
DECEMBER
Christmas Eve (24th day of the month)
Christmas Day (25th day of the month)
New Year's Eve (last day of the month)
Maternity Leave Policy (Philippine Labor Compliance)
DSM Talent ensures compliance with Philippine labor laws regarding maternity leave, protecting both employees and clients.
Maternity Leave Duration: Female employees are entitled to 105 days of fully paid leave for childbirth, with an additional 15 days for single mothers.
Extended Leave Option: Employees may extend their leave by 30 more days (unpaid) if needed.
Client's Payment Responsibility & Reimbursement Process:
Clients must continue paying the employee’s full monthly rate during maternity leave.
After the employee returns to work, DSM Talent will process the Social Security System (SSS) maternity benefit reimbursement on behalf of the client.
Once SSS approves the claim, the reimbursed amount will be credited back to the client.
Protection Against Termination: Clients cannot terminate or discriminate against employees due to pregnancy or maternity leave. Doing so would violate Philippine labor laws and may result in legal consequences.
Goodbyes and Fair Play
Termination
Notice Requirement: If the client decides to end an employee's contract, they must:
Provide DSM Talent with written notice at least one month prior to the planned termination date.
Specify the reason for termination for clear documentation and compliance purposes.
Understand that termination may require adherence to separation benefits as mandated by Philippine labor laws, including, but not limited to, severance pay and final pay disbursements.
Authorized Termination Causes: Termination should comply with authorized causes outlined by Philippine labor law, including redundancy, retrenchment, and health considerations, among others. DSM Talent will assist in ensuring compliance to avoid any potential legal complications.
Discrimination
Equal Opportunity Commitment: DSM Talent and the Client commit to maintaining a workplace free from discrimination. No employee shall be discriminated against based on age, gender, ethnicity, religion, disability, marital status, sexual orientation, or any other characteristic protected by law.
Harassment-Free Environment: Both parties agree to enforce policies that prohibit any form of harassment or bullying in the workplace. If an employee reports discrimination or harassment, DSM Talent will promptly investigate and take appropriate action in line with Philippine labor regulations.Equal Opportunity Commitment: DSM Talent and the Client commit to maintaining a workplace free from discrimination. No employee shall be discriminated against based on age, gender, ethnicity, religion, disability, marital status, sexual orientation, or any other characteristic protected by law.
Compliance with the Philippine Labor Code
DSM Talent and the Client agree to comply fully with the Philippine Labor Code and all applicable labor regulations. This includes, but is not limited to, regulations on employee benefits, minimum wage, hours of work, rest days, holiday pay, and severance requirements. This ensures that all employees are treated fairly and under Philippine labor standards.For an overview of the Philippine labor laws, please refer to the official government website: Philippine Labor Code. This link provides access to comprehensive information on labor laws, which are integral and applicable to this partnership agreement, ensuring both parties meet all legal obligations as per the laws of the Philippines.
Confidentiality
We both agree to keep each other's business and technical secrets, well, secret. This includes anything confidential we learn about each other while working together. Even after our agreement ends, we'll keep this information to ourselves and only use it for purposes we've agreed upon.
Currency and Exchange Rate:
All transactions and invoices under this agreement shall be conducted in United States Dollars (USD). The exchange rate for conversion from USD to Philippine Pesos (PHP) is fixed at 1 USD = 52 PHP.
Role Change Policy
1. Role Change Conditions:
Once the engagement fee has been paid, a partner may request a change in the job role under the following conditions:The new role is directly related to the original job role that was signed up for.The change request is made before the endorsement phase has commenced.
2. Endorsement Phase:
The endorsement phase is when candidates have been shortlisted and their profiles sent to the client for review.
3. Role Change Requests Outside Allowed Conditions:
If the client wishes to change the job role to a different one that does not meet the conditions outlined in Clause 1, a new engagement fee will be required. The client must sign up again for the new job role.
4. Notification of Role Change:
All requests for role changes must be submitted in writing and approved by our staffing agency. The effective date of the role change will be the date on which the request is approved.
5. Impact on Engagement Timeline:
Any approved role change may impact the original timeline agreed upon for the staffing engagement. The client will be notified of any adjustments to the timeline as soon as the role change is approved.
6. Reimbursement of Engagement Fee:
The engagement fee/finder's fee is non-refundable. If the client cancels the engagement after the fee has been paid and a role change cannot be accommodated under the conditions outlined, no refund will be issued.
7. Replacement Candidates:
If a role change is approved, we will provide replacement candidates who meet the new job requirements per the updated role description. However, the client acknowledges that this may require additional time to source and vet suitable candidates.
8. Dispute Resolution:
Any disputes arising from role change requests will be handled per the dispute resolution process outlined in this agreement.
Employee Poaching
1. Mutual Respect for Talent:
We both understand that we work in a competitive industry and appreciate each other's talent pool. We agree to honor this by not hiring each other’s employees without permission, as we recognize this could impact our businesses.
2. Collaborative Approach to Recruitment:
If we are interested in hiring someone from the other’s team, we agree to openly communicate and seek written consent first. This ensures transparency and mutual respect in our recruitment practices.
4. One-Year Consideration Period:
For a year after an employee leaves one of our companies, they will refrain from joining a business that competes with the other's company. This is to maintain fair competition and respect for our business operations.
5. Procedure for Talent Acquisition:
Should we wish to hire an employee from the other’s company, we’ll start by sending a written notice and wait for a green light before moving forward with recruitment.
6. Buy Out Fee:
If the client wishes to directly hire a DSM Talent employee, they must pay DSM Talent a buyout fee equal to two months’ worth of the talent’s monthly fee, upfront. This ensures fair compensation for the time and effort invested in sourcing, onboarding, and managing the employee.
7. Duration of Agreement:
This friendly agreement on our recruitment practices will last for 24 months after any project we complete together, showing our commitment to a positive and respectful business relationship.
Responsible Data Handling and Privacy Compliance
As part of our services to the client, Design Source Media LLC handles the personal contact details of individuals provided by our employees. We use these details only for managing employee-related activities, such as contacting them for work purposes. These individuals have the right to view and change their information, as allowed by the Belgian privacy law dated December 8, 1992, and the General Data Protection Regulation (GDPR) established by the European Parliament on April 14, 2016. We keep this information only as long as we are working together with the client.
Celebrating Our Collaboration
We are really proud of the work we've accomplished together and would love to showcase this project in our portfolio. We kindly ask for your permission to do so. Also, if you're happy with our services, your testimonial would mean the world to us. It would help us share the success of our collaboration and the positive experiences we've created together with potential future clients.
Maintaining Agreement Integrity
If it turns out that a part of our agreement isn't valid or can't be enforced, don't worry – the rest of our agreement still stands strong. Plus, if this happens, we'll work together to come up with a new part that matches the original intention as closely as possible. This way, we keep our agreement working smoothly for both of us.
Version Date: 20250212
Top-notch talent meets cost efficiency
Say goodbye to the hiring and onboarding hurdles and welcome the seamless integration of Filipino expertise into your growth journey.
Skills Shortage
Bid farewell to hiring obstacles and embrace the seamless integration of Filipino expertise into your growth journey.
Intense Competition
In the talent battleground, attracting the best may mean stretching your budget with higher wages and benefits.
Rising Labor Costs
Competitive salaries and perks are great, but they come at a price. These expenses can tighten your business's purse strings.
Compliance and Regulatory Burdens
Navigating employment rules, taxes, and benefits can be a complex and costly maze due to ever-changing regulations.
We make hiring top Filipino talent easy and affordable, boosting your business success.
Our Filipino Workers are:
Highly Skilled
Filipino workers are known for their strong work ethic and education, making them valuable assets for international businesses.
Cost-Effective
Philippine labor costs are lower than in the West, enabling cost savings without compromising quality.
Fluent in English
Many Filipinos are fluent in English, ensuring smooth communication for English-speaking businesses.
Culturally Aligned
Filipino culture prioritizes respect, adaptability, and strong interpersonal skills, fostering positive global working relationships.
Flexible and Adaptable
Filipino workers excel in various job roles and industries, making them versatile assets for businesses with evolving needs.
