Driver Rental

Staff Worker Rental Agreement

This agreement has been agreed and signed between Mrs Lyna Tan, Direct General/Founder, Lyna-CarRental.Com and Lyna-Garage.Com and TOPSTAFF, hereinafter refers to as the Party A and M _________________________  Organization_____________________, No.________, Street: ___________ Sangkat: ______________________, Srok/Khan: _________________________________, Province/City: __________________________________________ Phone No.:_______________________________________,  E-mail:________________________________________, hereinafter referred to as the Party B. 1. Party A agrees to lease her Staff Member: M__________________________________, Driver’s License No.:_______________, FRB No. ____________________________, ID Card No. _________________________, Tel: __________________________, in the position of:  (a). Driver, (b). Cook (c). Cleaner (d). Nanny/Baby-sitter (e). Gardener, (f). other (specify): ____________________, for the period of: ______day(s) /month(s)/year(s) which will be starting from _____/_____/_____ to _____/_____/______ at the rate of US$______/___ per day/month/the period including 10% of VAT: ___ Yes ___ No. 2. Party B pays in advance the full amount of US$_____/___ per day/month or the period with the deposit of US$_______.___ ___ Yes ___ No which will cover the cost of security, other in advance expenses of the staff member and the 10% of VAT: ___ Yes ___ No. 3. Party B agreed to the following staff member’s working condition: ___ Morning ___ Noon ____ Afternoon and/or __ Evening. __ Option 1: (Monthly basis), from TIME:____:____ to ____:____ and from Day: _____________ to _____________, and a half day on Saturday, at the rate of US$______.___/month. Note: Beyond the assigned hours, the Party B must pay for the OT at the rate of US$2.00/hour (Article 12^th). __ Option 2: (Daily basis) will work from Day: _____________ and/or _____________, start from TIME:_____:____ to _____:_____, at the rate of US$:______:____/day. 4. Party B shall provide Original: c or Photocopy: c of his/her Passport to the Party A. For the Cambodian family: Passport / ID / FRB No.: _______________________, issued on: _____/_____/_____ expires on: _____/_____/_____. Visa/ID No: ______________, Type:_____, Date of issuing the visa: _____/_____/_____ expire on: _____/_____/_____. 5. If the length of the contract last more than 3 months, both the parties cannot break the contract earlier. In case, the Party B wishes to break the contract earlier, the deposit of US$_______.00 won’t be refunded. 6. For more details, please turn over to the back page of the contract and read carefully from articles 8^th to 23^rd and the rest. 7. The above statements having been agreed between the signatories who have read it and declared to understand all clauses.  This agreement is signed by the parties on _____/_____/_____, and comes into effect from _____/_____/_____. Expected date/time of finish: _____/_____/_____,  ____.__ AM/PM.

INFORMATION OF THE ASSIGNED STAFF MEMBER:

8. ATPROBION PERIOD: During the probation period, if any of the parties, such as: the Clients/Immediate Supervisor, Party A and CONTRACT HOLDER are not happy with each other by any means of performance. The parties will end the agreement before the ending date. The CONTRACT HOLDER will receive the payment in the pro-ration. In the contrary, all the parties are satisfied with each other the agreement will be valid until the end of the contract of the Clients/Immediate Supervisor or Party A.

9. The DRIVER has to perform checking the vehicle prior starting the engine in the morning, such as: the water in both the radiator and in the reservoir, all the lights (lamps), clutch and brake fluid, engine oil and tyres. The driver must keep the car neatly clean both the interior and exterior and let the owner know when find any minor error and need to be fixed, refilled or repaired.

10. When the CONTRACT HOLDER fall in sick and/or have other personal business and can’t come to work, must find a replacement and/or ask the permission at least one day in advance to make easier for the Party A finds a replacement. In the contrary, if the leave takes more than two days, then the deduction on the 3rd day will be deducted from the salary at the rate of US$5.00 per day for paying to the replaced one.

11. THE OVERTIME (OT): If the Clients/Immediate Supervisor asks you to work beyond the limited times, the CONTRACT HOLDER must submit the OT Form to one of the last passengers/users/Immediate Supervisor to sign for approval prior he/she or yourself leaving the car/office/resident where you are assigned to work in/for. Otherwise, the Party A won’t be responsible to pay for any OT. The signed OT form must be return to the Party A or Immediate Supervisor at the end of the day or month for calculation. The OT rate is $2.00/hour. When the driver is assigned to stay overnight in the province, the driver will receive an extra pay of US$15/overnight for meal and accommodation.

12. Party A has the rights to extend the agreement, if all the parties satisfied with each other. In case, one of the parties wishes to terminate the agreement, the other party has no rights to ask or claim for any compensation and/or other costs.

13. ACCIDENT AND OBSTACLES: For the DRIVER, accidentally, if you are encountered to any traffic accident either minor or serious one, don’t move the vehicle from the spot of incident. In the serious case, the driver may escape to any of the nearby safe places for personal safety and immediately make a phone call to the agents of the Insurance Company which the emergency phone number is pasted on the right-hand side of the windshield. In the contrary, the driver is not complied with any of the above-mentioned articles; the driver must bear for all related costs, such as: repair the car, properties of the Third Party, and pay for all costs related to the third party etc… If it is the normal or minor accident, the driver must stay at the spot and wait for the agent and the agent may ask you to report them the incident. When the accident happens, the driver must be calm and politely say to the Third Party and the police and ask them to wait for the agent. If the driver drives the car negligently which resulted to the damage of any part of the car, and the cost excess of US$10.00, the driver must pay the rest.

14. VACATION AND HOLIDAY: Must be flexible to your Immediate Supervisor’s vacations and holidays. The following government official holidays, the CONTRACT HOLDER must first discuss and seek approval from the immediate supervisor, in order, not to block his/her work or business.

Note: This article is applied only to the long-term contract holder.

1. 1 January International New Year Day
2. 14 – 16 April Khmer New Year
3. 21 -23 September Phjumben Day
4. 4 – 6 November Water festival
5. 24 – 25 December Christmas Day
15. At the end of the day, the assigned vehicle must park at the assigned parking place of the company / organization and/or client’s resident or office.

16. The Vehicle(s) of the Party B must be under at least 3-risk insurance coverage and covered by the local insurance company, such as: 1. Third Party Liability (TPL), 2. Own Damage (OD) and 3. Theft.

17. The Party A will only responsible for the damage of the Party B’s vehicle(s) in the case that the vehicle(s) encounters to any accident caused by the assigned driver(s) and the cost of repair less than US$50 and beyond US$50 is the responsible of the vehicle(s)’owner.

18. There are two options of recruitment process: (1). ٱ Member, and (2).  Non-member (probation period). When you are recruited to be a  Member, you are not allowed to accept any other jobs which offered by other parties or the former clients who the Party A used to send to work for them before by not asking the permission from or informing to Party A. Otherwise, the CONTRACT HOLDER will automatically lose the membership and the bonus of US$50.00 per year at the end of the year won’t be able to withdraw.

19. BONUS: The Bonus will only be given to the CONTRACT HOLDER who has fail-safe performance, such as:
a. Driver: fail-safe driving, no accident, no damage or lose to any parts of the vehicle and the accessories, no frequently absence or asking leave more than 10 times per year .and
b. Cook, Cleaner, Nanny/Baby-sitter, Gardener, and other (specify): ___________________ (From Special Notes: B to F), or lose to any belongings or some things of the assigned clients and no frequently absence or asking leave more than 10 times per year.

20. In the contrary, if the CONTRACT HOLDER is being offered a job by another organization or company etc…, you must inform to the Party A in advance for further discussion. If you got a job without informing to the Party A, the Party A will not re-admit to be a member and the Party A will also stop offering a new job. Moreover, the BONUS of US$50.00 per year won’t be paid as well.

21. MEMBERSHIP: If the CONTRACT HOLDER are willing to continue to keep the membership with the Party A, even though, you are offered a job by another organization, company, institution or the government, you must pay 5% of your monthly payment to the Party A, then your membership will be retained. When you finish the contract with the organization, company, institution or the government, the Party A will remain and try by hard to looking for you another job.

22. WITHDRAWAL OF THE MEMBERSHIP: The CONTRACT HOLDER can withdraw the membership from the Party A by written a letter to Party A at least 30 days in advance. After the 30 days receiving your letter, the General Manager will pay the working payment according to the number of working days that the CONTRACT HOLDER has worked for and divide it by the total of the monthly payment. It the CONTRACT HOLDER resigns under one-year contract, the BONUS of US$50.00 per year won’t be paid.

23. Should you require any further information regarding to the above-mentioned articles, please feel free to contact the General Manager of the Services. Thank you for your fruitful cooperation and participation.

Special Notes:

A. Driver: You must comply with all the articles.
B. Cook: You are not complied with the articles 8th, 12th, and 14th.
C. Cleaner: You are not complied with the articles 8th, 12th, and 14th.
D. Nanny/Baby-sitter: You are not complied with the articles 8th, 12th, and 14th.
E. Gardener: You are not complied with the articles 8th, 12th, and 14th.
F. Other (Specify): You are not complied with the articles 8th, 12th, and 14th.

Carbon Copies:

1. The Concerned Clients/Immediate Supervisor,
2. The Office of the Client for information about the responsibility, rules and regulations of the driver, and
3. The Office of Lyna-CarRental.com and TopStaff-Home Help Staff Services for file.