TERMS AND CONDITIONS

WHEREAS the Employer is engaged in hospitality business and is desirous of entering into arrangement with an agency which has the necessary experience and expertise to provide the specialized Casual Labour Services.

WHEREAS the Hong Ye Group is a company engaged, amongst other services, in the business of rendering such specialized and comprehensive Casual Labour Staff. Hong Ye Group has approached the Employer and has assured that it has due expertise, experience and infrastructure to provide such operating and maintenance services to Employer has and further represented that it has in its employment a number of technically proficient and trained personnel specializing in different fields and areas essential for rendering the aforesaid specialized services.

And WHEREAS even the quantum of such Casual Labour Staff are not fixed but keeps on fluctuating, being contingent on various factors.

NOW, THEREFORE, for the mutual covenants contained herein and other good and valuable considerations, the receipt of which the parties to the contract hereby acknowledge and agree this agreement witnessed as follows:

1. Employer hereby appoints the Hong Ye Group to provide Casual Labour Staff Services in the premises of the Employer.

2. The Hong Ye Group shall provide the services as detailed above by deploying its own people, independently, without any interference whatsoever of the Employer. All persons engaged or deployed by the Hong Ye Group for providing the services under this Agreement, therefore, shall work directly under the administrative and supervisory control of the Hong Ye Group, and the Hong Ye Group alone shall be entitled to direct or control such persons so as to the discharge of their duties.

3. That the Hong Ye Group being the employer of the persons engaged by it and deployed at the premises of Employer for providing the above services, shall alone be entitled to recruit or discharge or discipline them. Similarly, the Hong Ye Group alone shall be responsible to pay the wages, etc. to such persons.

4. The Hong Ye Group will deploy such number of Casual Labour employees at the aforesaid premises of the Employer as may be decided by the Hong Ye Group so as to provide effective and timely services as identified above to Employer.

5. The Hong Ye Group shall provide to the Employer necessary services by employing/deploying trained employees including periodically refreshing trained employees.

6. The Hong Ye Group will ensure that all casual labour employees supplied by the contractor must be eligible to work at the company’s premises and foreign students provided to the company must have a valid student pass that adhere to the regulations of the Ministry of the Manpower on part – time employment of foreign students.

7. The Hong Ye Group shall cover the Casual Labour’s medical benefit and workmen’s compensation insurance related to the work injuries or deaths suffered during the work hours.

8. The Hong Ye Group and Employer would jointly sit and review the services provided by the Hong Ye Group in terms of this Agreement on regular basis, at mutually agreed periodicities.

9. The Hong Ye Group shall submit its bill to Employer every week and Employer would make the payments of such bills upon verification within 30 days of receipt thereof. The total number of hours performed by the casual labour as set out below on a weekly bases upon the presentation of the invoices.

10. Employer may at its sole discretion permit the employees of the Hong Ye Group deployed by it at the premises of Employer to avail the facilities of one subsidized duty meal per day depending on the Banquet Event. Such duty meals shall be taken only in the Employee Restaurant i.e. Cafeteria of the Employer during its operational hours matching various shifts.

11. Employer will provide free transportation when the shift ends between 12.00am and 06.00am (staff to release by 1130pm and only one way) as well as shifts commencing at 6.00am (only one way) to or from the Casual labour staff’s residence depending on the time of the shift commence or closure.

12. Employer shall not at any time, either on its own or behalf of any other person, firm or company, directly or indirectly canvass, solicit or entice any casual labour staff employed by the contractor for direct or in direct employment. In the event that this undertaking is breached during the contract period, the Employer shall pay a one-time transfer fee of SGD $1200 for each staff employed.

13. Employer shall be competent to terminate this agreement at any point of time after giving one month’s notice to the Hong Ye Group. The Hong Ye Group, if it so desires will be free to terminate the agreement by providing 30 days advance notice of termination stating reasons for such intent.

14. The continuation of the above agreement beyond the current period and up to a period of maximum another 12 months may be mutually decided between the parties at least one (1) month in advance before the expiry of this agreement period. In the event of extension of this agreement beyond the current term, the existing terms and conditions shall prevail, if not agreed to be altered at the time of renewal.

15. Notwithstanding the provisions of termination of this Agreement by one month’s notice by either Employer, if the services rendered by the Hong Ye Group are not up to the requisite standards and despite written advice of Employer or otherwise the Hong Ye Group does not improve the standards of its service and bring them to the requisite standards, Employer shall be competent and entitled to terminate this Agreement forthwith, without giving any notice or payment in lieu of notice to the Hong Ye Group.

16. This agreement is subject to the Hong Ye Group furnishing a proof of its valid registration and holding a valid license from the Labour Department for providing in such services. This license shall form an integral part of this agreement.

17. The relationship between Employer and the Hong Ye Group under this agreement is to be construed as one between two independent contracting parties on a principal to principal basis. There shall be no employer-employee relationship between Employer and the persons engaged or employed by the Hong Ye Group and deployed by it for discharging its obligations under this Agreement at the above premises of Employer. The employees of the Hong Ye Group shall, therefore never be deemed to be employees of Employer under any circumstances whatsoever. It shall be the Hong Ye Group alone which shall be responsible for the payment of salaries, bonus, gratuity, overtime, leave-wages, annual leave, etc., in respect of all their employees so deployed at the premises of Employer. In event of any notice to Employer from any authority or court, or any loss suffered by Employer in this regard, the Hong Ye Group shall indemnify Employer in respect of any such loss or damage so suffered by Employer, including costs incurred towards such actions.

18. The Hong Ye Group shall furnish the names and addresses of its employees who will work with the Employer at the Employer for security reasons and safety purposes. The Hong Ye Group undertakes not to deploy any person who is not of good character or is suffering from any contagious or infectious disease or is not suitably attired or is ex employee of the Employer. The General Manager of the Employer or any authorized officer shall be entitled to call upon the Hong Ye Group to submit any of its staff for medical examination by a doctor who may be appointed by Employer and the Hong Ye Group shall be bound to comply with such requirement at its own cost.

19. The Hong Ye Group shall ensure that all its employees deputed to the Employer perform their duties in a proper manner and under no circumstances violate rules and regulations framed by Employer nor any of the staff of the Hong Ye Group shall intermingle with the staff of Employer. The employees of the Hong Ye Group shall not carry on any activity which is construed by Employer as unjustified, unfair and illegal activity in and around the Employer. The Hong Ye Group further undertakes that none of its employees will indulge in any such activities which may interfere or hinder in the activities of Employer nor the employees of the Hong Ye Group shall carry out any slogans, demonstrations either directly or indirectly and if in the opinion of Employer, any activity of the employees of the Hong Ye Group is detrimental to the interest of Employer or endangers the name and reputation of Employer, the Hong Ye Group shall forthwith remove such employees on the written communication received by the Hong Ye Group from Employer to that effect.

20. This agreement overrides and supercedes all prior writings and oral understandings between the parties hereto and accordingly in the event of any contradiction between any earlier writings and / or understandings in this agreement, the provisions contained in this agreement shall prevail.

21. It is expressly agreed to by and between the parties hereto that all further documents and / or writings that will be executed shall in no way be treated as a substitution of, or an amendment to those present, unless expressly so provided and mutually agreed upon.

22. The Hong Ye Group assures that it or its employees shall not divulge to any other person or firm or company, any secrets or confidential information that the Hong Ye Group or its employees may acquire regarding the affairs and working of Employer, by virtue of their association with Employer in terms of this Agreement. For breach of this clause by the Hong Ye Group, it shall be liable to pay damages to Employer which Employer may suffer. Employer’s decision will be final and binding on the Hong Ye Group in this respect.

23. This agreement may be executed simultaneously in two (2) counterparts each of which shall be deemed to be an original but both of which together shall constitute one (1) instrument. The Hong Ye Group shall ensure that any dispute between it and its employees is settled outside the premises of Employer, which shall not be used for such purposes by the Hong Ye Group. The Hong Ye Group assures Employer that it will at all times ensure that its employees do not resort to any go-slow/strike etc. at the premises of Employer and shall render uninterrupted high standard quality service to Employer. In the event of any dispute or differences arising out of or in connection with this agreement including the interpretation of the terms and conditions of this agreement, the same shall be resolved amicably between both parties. Any dispute or difference which may arise between the parties in connection with this agreement and which cannot be settled amicably, the venue of such arbitration shall be at the Singapore Courts and the language of the Proceedings shall be English.