Offshore Staffing Booking

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”:

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

Contracts Management

  • Employee Contracts

  • Non-Disclosure Agreement

  • Employee Background Check

Employment Services
Hiring

  • Onboarding

  • Brief

  • Welcome Gift

Talent Services

  • Payroll

  • Benefits

  • Time Off Tracking

Compliance with Federal, Providence, and City labor laws and regulations
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 Clearance

  • Purchasing

  • Issuing Laptops and other technology

  • Equipment Recovery

Team Building Activities

  • Local and International Activities

  • Coordination of travel, stay, and accommodations.

  • Christmas Partie

  • Quarterly Meetups

Service Costs

The Company will provide the following services (collectively, the “Services”):

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.

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

These are the benefits that will be provided to the Filpino hire. We created a comparison charge so it’s easy to understand.

Please swipe left

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.

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.

Description of Services

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 Holiday

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 day of the month

  • Black Friday
    Friday following Thanksgiving

September

  • 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 and 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 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

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.

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.

Dispute Resolution:

Any disputes arising from role change requests will be handled per the dispute resolution process outlined in this agreement.

Endorsement Phase

The endorsement phase is when candidates have been shortlisted and their profiles sent to the client for review.

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.

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.

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.

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.

Employee Poaching

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.

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.

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.

Buy Out Fee:

If the client wishes to directly hire a DSM Talent employee, they must pay DSM Talent a buyout fee equal to three 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.

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.

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.

Governing Law and Jurisdiction

This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles.


The Parties irrevocably agree that the courts located in Oakland County, Michigan shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement. The Parties hereby waive any objection to the venue of such courts and any claim that the forum is inconvenient.

Built to Scale.
Powered by People.

SOCIALS

Copyright © DSM Talent | All Rights Reserved

Copyright © DSM Talent |
All Rights Reserved