contract letter

berikut ini adalah draft kontrak kerja yang saya buat untuk memenuhi tugas mata kuliah Indonesian Legal System pada semster 5.

Contract between
Europe International Cooperation Agency
And
The Government of the Republic Indonesia
And
The Government of Spain
For
Furnishing Expert’s Services
For
Seminar of Public Relations in Spain

This contract is made by:
1. Europe International Cooperation Agency, Indonesia office, having its offices at Ratu Plaza Tower 20th Floor, jl Sudirman no. 34 Jakarta, represented by Mr. Edward Filan, Resident Representative of EICA in Indonesia (“EICA”); and
2. Miss Chantal Phillip (the “Expert”) who is employed by The London School of Public Relations (the “Dispatching Party”) having its office at Sudirman Park kav 35, jl KH Mas Mansyur, Jakarta.

WHEREAS, the government of Indonesia and the government of Spain (the “Recipient Government”) have entered into an agreement (“Cooperation Agreement”) regarding technical cooperation to be implemented in Spain (the “Recipient Country”) trough EICA;

WHEREAS, the Dispatching Party is willing to participate in certain technical cooperation set forth in this Contract by furnishing the Expert’s services;

WHEREAS, the Expert is willing to supply her professional skills and services to the Recipient Country on the terms and conditions set forth in this Contract.

NOW, THEREFORE, it is hereby agreed by and among the parties hereto as follows:


ARTICLE 1. DEFINITIONS
1-1 “Period of Dispatch” means the period commencing from the date when the Expert leaves the Dispatching Country for the Recipient Country to carry out the Services in the Recipient Country via the most economical and reasonable route and method, and ending on the day when the Expert arrives in the Dispatching Country from the Recipient Country via the most economical and reasonable route and method upon completion of performing the Services in the Recipient Country.
1-2 “Daily Subsistence Allowance” means allowances for living, accommodation and commuting set forth in Appendix 3 to the Contract.

ARTICLE 2. PURPOSE OF THIS CONTRACT
The Dispatching Party shall provide the Services (as defined below) or the Expert upon the terms and conditions set forth herein and EICA shall bear and pay the necessary costs and expenses to the Dispatching Party and the Dispatching Party and the Expert for the Services to be provided, subject to the terms and conditions provided herein.

ARTICLE 3. CONTRACT TERM AND PERIOD OF SERVICE
3-1 contract Term
This contract shall become effective upon execution and shall remain in force and effect until expire of the Period of Service as provided in Article 3-2 hereof and all accounts shall have been settled by EICA in accordance with Article 7 hereof.
3-2 Period of Services in the Recipient Country
The Expert shall commence to provide the Services in the Recipient Country as of March 10, 2009 and complete the Services on August 5, 2009. The Period of Services may, however, be extended or shortened upon the written consents of EICA, the Dispatching Country, and the Expert.


ARTICLE 4. THE SITE
The Expert shall carry out the Services at Madrid, Spain. The Services to be provided by the Expert shall be those described in the Article 5 hereof.

ARTICLE 5. SCOPE OF SERVICES
5-1 Purpose and Content of Technical Cooperation
To transfer techniques in the Public Relations theory when facing crisis.
5-2 Scope of services to provided by expert:
a. To transfer the appropriate techniques of Public Relations theory
b. To improve conventional methods (making simple Crisis Team)

ARTICLE 6. RULES TO PERFORM THE SERVICES
6-1 The Expert shall perform the Services in accordance with the directions, supervision and instructions to be given by a Resident Representative of EICA in the Recipient Country (the “Representative in the Recipient Country”) and a team leader of the project (the “Team Leader”). Should there be any discrepancies between the instructions of the Representative in the Recipient Country and that of the Tam Leader, the instructions given by the Representative in the Recipient Country shall prevail.
6-2 Privileges and Exemptions to be Enjoyed by the Expert in the Recipient Country In consideration of the performance of the Services by the Expert, EICA shall make reasonable efforts to cause the Recipient Government to provide the following privileges and exemptions to the Expert in the Recipient Country, in accordance with the Cooperation Agreement, which provides as follows:
(1) The Expert shall be exempted from the payment of income tax and charge of any kind imposed on or in connection with any allowances to be remitted from overseas.
(2) The Expert shall be exempted from the payment of customs duties and charges of any kind imposed on or in connection with the importation of car, equipment, machinery, materials and medical supplies as well as personal and household effects.
(3) The Recipient Government undertakes to indemnify the Expert in respect of damages awarded against her for actions performed in the course of her official duties.

ARTICLE 7. PAYMENT OF EXPENSES
A description of the expenses payable by EICA in consideration for the Services to be performed by the Expert hereunder, including the amount, manner of payment and related matters shall be as described in Appendix 1 attached hereto and made a part of hereof. The payments as described in Appendix 1, unless otherwise provided for herein, shall cover all the costs and expenses to be payable by EICA during the term of this Contract. The Dispatching Party and/or the Expert shall not claim any additional payment of costs and expenses whatsoever from EICA.

IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Contract the day and year below.


Date: Jakarta, March 8, 2009



Chantal Phillip,

Expert on Public Relations



Edward Filan,

Resident Representative EICA Indonesia office

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