^^ United Methodist
Homes & Services
with Chicago Methodist
Senior Semces
Date: 6/7/2021
To: Aguinaldo Recruitment Agency Inc.
1202 Unit -I/J General Lima St., Ermita Manila 1000
Philippines
Attn: Ms. Rosemarie V. Policarpio
President
Subject: Job Order/Manpower Request
Dear Ms. Policarpio;
This is to formalize our Job Order as detailed below. You may proceed to shortlist qualified
applicants for our final selection under the following terms and conditions:
SN Categofy Quantity Salary {Currency Type}
Registered Nurses 300 $58,136.00/Year
Physical Therapist 100 $60,424.00/Year
Occupational Therapist 100 $59,384.00/Year
Terms and Conditions:
1. Three (3) Year contract, Renewable.
2. Two months housing accommodation provided by company.
3. Roundtnp air tickets provided by employer to H-1B workers.
4. Medical care and treatment: Medical insurance offered by the company per US laws.
5. Life Insurance at employers' expense.
6. Vacation leave, Sick leave and Holiday pay.
7. Other terms and conditions according to Labor laws of the United States.
Your cooperation is highly appreciated.
Very truly yours,
Authorized Signature
Printed Name
Title
Chicago Methodist Senior Services • Winwood Apartments, inc. • UMH&S Foundation, Inc. • United Methodist Healthcare Recruitment
1415 West Foster Avenue. Chicago, Illinois 60640 • 773-769-5500 • cmsschicago.org
RECRUITMENT AGREEMENT
BETWEEN
AGUINALDO RECRUITMENT AGENCY INC.
And
United Methodist Homes & Services
This Recruitment Agreement entered into by and between AGUINALDO
RECRUITMENT AGENCY INC., with office address at Unit I and J 1202 General Luna St.
Ermita Manila, Philippines represented by Its President Ms. Rosemarie V. Policarpio
hereinafter referred to as Legal Representatives and, United Methodist Homes & Services
(UMHS), with office address 1415 W. Foster Avenue, Chicago, Illinois, 60640, hereinafter
referred to as the Empioyer/Foreign Principal set forth the following purposes, terms and
stip.ulations:
1.0 GENERAL PROVISIONS
The Employer/Foreign PrincEpa! shall utilize facilities and services of AGUINALDO
RECRUITMENT AGENCY INC. for the purpose of pre-selecting, recruiting, processing
and documenting FJHpino workers hired through the said iegai representative for its
operation in United States of America. It shall also avail of such services and faciiities for
the rehiring of the workers, as appropriate.
1.1 The Legal Representative shall make available to the Employer, pre-screened
applicants as requisitioned as may be agreed upon by the parties, the Employer
shall have the final authority on the selection in Philippines of personnel for
employment and that selection shall satisfy the requirements of the employer for all
intents and purposes.
1.2 The services of the said Legal Representative shall include, but are not limited to,
pre qualifying applicant, contacting qualified/shortlisted applicants, arranging
interviews, medical examination, processing, documentation, mandatory
briefing/orientation on the working and living conditions at the country of
employment, facilitating documentation for travel, the security and police clearances,
passports, etc.
The Legal Representative shall also, when authorized in writing by the
Employer/Foreign Principal, sign the individual employment Agreements which shall
be binding for all parties.
1.3 The Legal Representative shall also provide facilities and service for the processing
and documentation of workers rehired by the Principai under such terms and
conditions may be agreed upon by the parties.
1.4 Fees Against Workers
As may be appropriate and agreed upon by the parties an additional charge on fee
against the workers may be incorporated to read as follows:
"The FOREIGN PRINCIPAL approves and freely concurs with the imposition by the
COMPANY/REPRESENTATIVE of fees against the workers in accordance with the
ruies and regulations of the Department of Labor and Employment. As per POEA
Memo Circular No. 14 series of 1999.
It is understood that no other fees in whatever form, manner or purpose shall be
imposed upon the worker by the agency. All payments made by the worker shall
be documented by appropriate receipts.
2.0 FEES AND TERMS OF PAYMENT
2.1 The Employer shall pay to the Legal Representative the sum of $1,500 per
selected worker as minimum mobilization fee (MMF) for the pre-setection,
documentation and processing in accordance with the rules and regulations issued
by the Department of Labor and Employment.
2.2 The Employer shall pay the POEA Mandatory Insurance Coverage for a two (2
years) contract US $144. Such above payments shall not in any manner be levied
on the accepted applicants by either the representative or the Principal.
3.0 TRAVEL ARRANGEMENT
3.1 The Employer/Foreign Principal shall be solely responsible for and bear the
expenses of securing entry visa or work permits of accepted workers and their
ticketing including the payment of travel tax except when it shall, upon payment of
the cost, request its legal representative to arrange the travel of the workers.
4.0 EMPLOYMENT
4.1 The recruited workers shall take up employment under the master contract of
employment (MEC) herein attached as Annex "A" and under the wage schedule as
attached, which forms an integral part of this Agreement, which are subject to
approval by the Department of Labor and Employment.
4.2 In case of renewal of Employment Contract between the Employer and the same
Employee, said Employee may be entitled to reasonable adjustment in salary and
benefits in accordance with the Company's pay-scale and practices.
5.0 AUTHORITY, JOINT AND SOLIDARY LIABILITY OF LEGAL REPRESENTATIVE
The Employer/Foreign Principal authorizes the legal Representative as its exclusive agent
and sole representative in al! matters involving the recruitment and hiring of Filipino worker
for its overseas projects. By the virtue of said Authority, the Legal Representative is granted
the following powers and obligations:
5.1 To represent the Employer/Principal before any and al! government and private
offices/agencies in the Philippines.
5.2 To enter into any and all contracts with any persons, corporation, institutions or
entity in a joint venture or as partner in the recruitment, hiring and placement of
Filipino contract workers for overseas employment.
5.3 To sign, authenticate and deliver all documents necessary to complete any
transaction related to such recruitment and hiring, including making necessary steps
to facilitate the departure of the recruited workers in accordance with the Labor
Code as amended and its rules and regulations.
5.4 To bring suit, defend and enter into any compromise for and in behalf of the
Employer/Principal in litigations invotving the hiring and employment of Fifipino
contract workers for said Principal
5.5 To assume jointly and solidarity with the foreign principal any liability/ responsibility
that may arise in connection with the recruitment and hiring of the workers inciuding
the full implementation of the employment contract.
6.0 REMITTANCE OF FOREIGN EXCHANGE EARNINGS
6.1 The Employer and his Legal Representative shall assist the workers in the
remittance of the worker's monthly basic salary designated beneficiary in the
Philippines through normal banking channels as mandated by Central Bank Circular
No. 364 and Rule V, Section 14 (h) of the Rules and Regulations Implementing the
Labor Code, as amended. The Employer and its Legal Representative shall provide
the necessary facilities to affect such remittance in the easiest and most effective
way possible and assist in the monitoring of the worker's foreign exchange earnings.
It is understood that the Principal shal! be held jointly liable with the Principal and
shall immediately assume payment thereof upon orders of the Ministry in case of
failure or unnecessary/unexpiained delay in the remittance of the portion of the
salary intended for his duly designated beneficiary.
7.0 RESPONSIBILITIES OF THE EMPLOYER
7.1 The Employer will exert ail possible efforts to enhance the welfare and protect the
rights of Fiiipino workers hired under this Agreement in accordance with the laws of
the Philippines, his/her country of domiciie and international covenants on expatriate
empioyment and in accordance further with the best possible treatment already
extended to other workers at its worksite.
7.2 Except for reasons caused by the fault of the Employee, force majeure, or flight
delay, the Employer shall transport the worker to the worksite within thirty (30) days
from the date of scheduled departure as specified by the Employer upon filing of job
requisition. Should the Employer fai! to do so for no valid or Justifiable reasons, he
Shall pay the worker reasonable compensation as may be determined by the
appropriate authorities for every month or a fraction thereof of delay. Payment
made under this provision wiil be made to the worker through the Employer's Lega!
Representative or the government agency appropriate for the purpose. Should the
Employer cancel the employment contract, or Ef the delay already exceeds two (2)
months and the worker elects to cancel the said employment contract, the Employer
shall pay the Employee an additional amount of compensation as may be
determined by the appropriate authorities. In this case, the Employer shall not be
reimbursed the amount he paid to its Legal Representative for documentation and
processing fees.
7.3 in case of termination of the worker's employment for cause or as a result of death
or serious injury, the Employer shall immediately inform the Philippine
Embassy/Labor Attache nearest the site of employment and/or the POEA and the
Employer's Legal Representative about said event.
In the case of death of the Employee, the Employer shall bear the expenses for the
repatriation of the remains of the Employee and his personal properties to his
reiatives in the Philippines, or if repatriation is not possible under certain
circumstances, the proper disposition thereof upon previous arrangement with the
worker's next-of-kin, or in the absence of the latter, the nearest Philippine Labor
Attache or Embassy/Consulate.
In all cases, the Employer shal! ensure that the benefits due the Employee shall be
made available to him or his beneficiaries within the shortest time possible.
8.0 SETTLEMENT OF DISPUTES
8.1 In case of disputes arising from the implementation of the empfoyment between the
Employer and the contract worker, all effort shall be made to settle them amicabiy.
If necessary, such negotiations shall be undertaken in cooperation and with the
participation of the Philippine Labor Attache/Embassy/Consuiate nearest the site of
employment.
8.2 In case the amicable settlement fails, the matter shall be submitted to the competent
or appropriate body in the country of employment. During the process of settlement
or while the case is pending, the pending worker shall endeavor to fulfil! his
contractual obligations and the employer shall insure that such obligations shall be
undertaken without duress or recrimination.
8.3 In case of disputes invoiving this Recruitment Agreement, the parties thereto must
attempt to resolve them amicably. if the efforts to amicabiy settle fail, then the
dispute shal! be referred to the International Chamber of Commerce for hearing and
adjudication or whatever administrative bodies/courts where the parties agree to
have the dispute settled.
9.0 TERMINATION OF AGREEMENT
9.1 This Recruitment Agreement shall be in effect for a minimum period of one (1) year
from the date appearing herein below unless sooner terminated by either party after
thirty (30) days prior written notice. In any case, the responsibilities of the parties
shall be in effect up to the completion of the last employment contract signed with a
recruited worker and the rights of the workers recruited under this Agreement must
be recognized and terms and conditions of the contract of employment shall be
strictly adhered to and complied with. Unless, either party so notifies the other of its
termination, this Agreement shall be automatically extended or renewed for another
year.
10.0 LANGUAGE OF AGREEMENT
This Agreement is written in English, the official language of the country of employment.
11.0 GOVERNING LAW
This Contract shall be the law between parties and shall be interpreted in accordance
with the laws of the Philippines but not to exclusion of and prejudice to the laws of the
country of employment, international laws, covenants and practices.
IN WITNESS WHEREOF, we have hereunto set out hands, this 20th day of June, 2021
in Chicago, Illinois, 60640.
BY: BY:
Rosemarie Policarpio William Lowe
President CEO
Aguinaldo Recruitment Agency, Inc. United Methodist Homes & Services
1?^^ United Methodist
Homes & Services
with Chicago Methodist
Senior Services
Annex A
Department of Labor and Employment
Philippine Overseas Employment Administration
WORKING VISA (H-1B) STANDARD EMPLOYMENT CONTRACT FOR
Nurses, Physical and Occupational Therapist
This employment contract is executed and entered into by and between:
Employer ; United Methodist Homes & Services
Address: 1415 W. Foster Avenue, Chicago, Illinois, 60640
Tel No.: 773.769.5500
Represented in the Philippines by:
Name of Agency: AGUINALDO RECRUITMENT AGENCY, INC.
Address: 1202-1 General Lima St. Ermita Manila
Tel No. +632 523-7905/523-7811
And ._
Employee:
Civil Status:
Passport No.
Date & place of issue:
Address:
Voluntarily binding themselves to the following terms and conditions:
1. Site of Employment:
2. Contract Duration: Three years or (6240 worked hours) commencing from Employee s point
of origin to the site of employment, unless employee requests additional time before work
assignment begins.
3. Employee's Position (Circle position that applies); (Registered Nurse, Physical Therapist,
Occupational Therapist)
4. Basic Monthly Salary:
5. Regular Working Hours: Maximum Eight (8) hours per day, 5 days per week.
6. Overtime Pay:
a) For work over 40 regular working hours per week.
b) As per Labor Laws of USA.
Chicago Methodist Senior Services • Winwood Apartments, Inc. • UMH&S Foundation, Inc. • United Methodist Healthcare Recruitment
1415 West Foster Avenue, Chicago, Illinois 60640 • 773-769-5500 • cmsschicago.org
^^ United Methodist
Homes & Services
with Chicago Methodist
Senior Services
7. Leave with full pay:
a) Vacation & Sick Leave per Laws of USA.
8. Holiday pay for all Holidays practiced by the company.
9. Free transportation from port of origin to the site of employment and in the following cases, free
return transportation to the port of origin;
a) Completion of 6240 worked hours (Equivalent to 3 years)
b) Termination of the contract by the Employer without just cause.
c) If the Employee is unable to continue to work due to work connected or work aggravated
injury or illness.
d) Force majeure.
e) In such other cases when contract or employment is terminated through no fault of the
Employee.
10. Free suitable housing for the first two months.
11. Medical and dental insurance offered by the company per US laws.
12. Workmen s compensation benefits for service-connected illness or injuries or death in
accordance with the pertinent laws of the United States of America.
13. In the event of death of the Employee during the terms of this agreement, his remains and
personal belongings shall be repatriated to the Philippines at the expense of the Employer. In
case the repatriation of remains is not possible, the same may be disposed of upon prior
approval of the Employee's next of kin and/or by the Philippine Embassy/Consulate nearest the
jobsite.
14. The Employer shall assist the Employee in remitting a percentage of his salary through the
proper banking channel or other means authorized by law.
15. Termination: Neither party may unilaterally cancel the contract except for legal Just and valid
cause(s):
a) Termination by Employer: The Employer may terminate this contract on grounds of
closure or cessation of the establishment /undertaking or due to retrenchment or prevent
losses, by serving a written notice to the Employee at least one (1) month before the
intended date thereof or payment of separation/termination pay equivalent to one (1) month
salary. The Employer shall bear the repatriation expenses of the Employee. The Employer
may also terminate this contract on the following causes: serious misconduct, willfull
Chicago Methodist Senior Services • Winwood Apartments, Inc. • UMH&S Foundation, Inc. • United Methodist Healthcare Recruitment
1415 West Foster Avenue, Chicago, Illinois 60640 • 773-769-5500 • cmsschicago.org
^<^ United Methodist
Homes & Services
with Chicago Methodist
Senior Services
disobedience of Employer's lawful order, habitual neglect of duties, absenteeism, insubordination,
revealing secrets of establishment, engaging in trade union activities, when Employee violates
customs, traditions and laws of United States, and/or terms of this Agreement. The Employee shall
shoulder the expenses under (14b) below:
b) Termination by the Employee: The Employee may terminate this contract by serving one (1)
month in advance written notice to the Employer. If no notice is served, the Employee shall
shoulder all expenses relative to his repatriation back to his point of origin. The Employee
may also terminate this contract without serving any notice to the Employer for any of the
following just causes: serious insult by the Employer or his representative; inhuman and
unbearable treatment accorded the Employee by the Employer or his representative;
commission of a crime offense by the Employer or his representative and violation of the
terms and conditions of the employment contract by the Employer or his representative.
Employer shall pay the repatriation expenses back to the Philippines.
c) Termination due to illness: Either party may terminate contract on the ground of illness,
disease or injury suffered by the Employee. The Employer shall shoulder the cost of
repatriation.
16. Settlement of Dispute: All claims and complaints relative to the employment and regulation. In
Case the employee contests the decision of the Employer, the matter shall be settled amicably
with the participation of the Labor Attache or any authorized representative of the PhiUppine
Embassy/Consulate nearest the site of employment. In case the amicable settlement fails, the
matter shall be submitted to the competent or appropriate government body in Chicago,
Illinois, USA at the option of the complaining party.
17. The Employee shall observe Employer's company rules and abide by the pertinent laws of the
USA and respect its customs and traditions
18. In the event of accidents, fortuitous events, or acts of violence or terrorism and other similar
circumstances causing the discontinuance or non-performance of his duties in the areas outside
of work, the Employee shall be entitled to indemnity pay equivalent to one-month's basic
salary, cost of repatriation to the point of hire, in addition to all accmed wages and other
benefits.
Chicago Methodist Senior Services • Winwood Apartments, Inc. • UMH&S Foundation, inc. • United Methodist Healthcare Recruitment
1415 West Foster Avenue, Chicago, Illinois 60G40 • 773-769-5500 • cmsschicago.org
^S United Methodist
Homes & Services
with Chicago Methodist
Senior Services
19. In the case of drivers and other personnel, where the discontinuance or non-performance of
duties in areas outside of work is caused by acts of violence or terrorism, and where their
safety is in danger, they shall no longer be required to physically turn over their vehicles or
equipment as a condition for full entitlement to accrued wages and benefits.
20. Applicable Law: Other terms and conditions of employment which are consistent with the
above provisions shall be governed by the pertinent laws of United States of America.
WITNESS WHEREOF, we hereby sign this Contract this jJay of. , 2021
at
Signature of Employee/Printed Name
Signature of Philippine Representative/Printed Name Signature of Employer/Principal
Aguinatdo Recruitment Agency, Inc.
Chicago Methodist Senior Services • WEnwood Apartments, Inc. • UMH&S Foundation, Inc. • United Methodist Healthcare Recruitment
1415 West Foster Avenue, Chicago. Illinois 60640 • 773-769-5500 • cmsschicago.org
UNITED METHODIST HOMES & SERVICES
Date: June 14, 2021
PHILIPPINES OVERSEAS LABOR OFFICE (POLO)
Philippines Embassy
To : THE LABOR OFFICE
Re : CONTINGENCY PLAN OF PHILIPPINE WORKER
I, William Lowe, on behalf of employer United Methodist Homes & Services (UMHS), of legal age
with postal address 1415 W. Foster Avenue, Chicago, Illinois 60640, wish to convey the
following designated contingency plan related to the Recruitment of Fiiipino workers who shall be
employed under my sponsorship. This plan covers remedial measures that should apply in the
event of any contingency (i.e. Natural Calamity, Man Made Disaster/war, etc.).
In the course of any impending contingency, I, on behalf of UMHS, shall strive my best to
repatriate the employee to his/her point of origin at the soonest time possible via safe course
travel.
If repatriation measure is not possible as prompted by prevailing circumstances that may occur,
UMHS shall provide continuous support to the employee (Food, Medical, Clothing and Safe
Shelter) and constant communication with the update to his/her living condition.
UMHS shall provide disability insurance via a reputable insurance company in USA, in favor of the
employee that will cover benefits for her beneficiaries during her employment.
AND BY VIRTUE OF THIS LETTER, UMHS pledges to give the employee a reasonable and just
treatment for her well-being in accordance with the job contract
William Lowe
CEO-United Methodist Homes & Services
^>T1^ United Methodist
Homes & Services
with Chicago Methodist
Senior Services
June 30, 2021
Ms. Rosemarie V. Policarpio
President
Aguinaldo Recruitment Agency, Inc.
1202-1 General Lima St.
Ermita, Manila, Philippines
Re: Immigration legal services
Dear Ms. Policarpio:
As the President and CEO of United Methodist Homes & Services (UMH&S), whose regular
mailing address is 1415 W. Foster Ave., Chicago, Illinois, 60640, I am writing to confirm that our
company has retained immigration counsel, namely Charles H. Wintersteen of the firm
Wintersteen Law Group, 53 W. Jackson Blvd., Chicago, Illinois 60604, to represent our company
in filing petitions with the United States Immigration and Citizenship Services on behalf of the
Filipino workers who are recruited to work for our company by Aguinaldo Recruitment Agency,
Inc., pursuant to our present Manpower Request. We will coordinate with Mr. Wintersteen's office
and use our best efforts to ensure that the petitions to the USCIS are correctly filed and that the
above-mentioned workers are granted the appropriate visas at the U.S. Consulate in Manila,
Philippines, to allow those workers to be admitted to the U.S. as our employees.
Thank you for your attention to this letter and please advise this office if you need any additional
documents or information.
Very truly yours,
William Lowe, President and CEO
United Methodist Homes & Services
Chicago Methodist Senior Services • Winwood Apartments, Inc. • UMH&S Foundation, Inc. • United Methodist Healthcare Recruitment
1415 West Foster Avenue, Chicago, Illinois 60640 • 773-769-5500 • cmsschicago.org
^^ United Methodist
Homes & Services
with Chicago Methodist
Senior Services
JOINT AFFIDAVIT OF UNDERTAKING
I/ William Lowe, in my capacity as CEO of United Methodist Homes & Services
(UMH&S)/ with office mailing address at 1415 W. Foster Avenue/ Chicago/ Illinois/ 60640,
herein known to be as EMPLOYER.
-and-
Aguinaldo Recruitment Agency Inc./ a duly registered Recruitment Agency/
with office address at Unit I and J 1202 General Luna St. Ermita/ Manila/ Philippines,
herein represented by its President/ MS.ROSEMARIE POLICARPIO, herein known to be
as LEGAL REPRESENTATIVE after having been sworn to in accordance with the law of
the Philippines do hereby depose and state:
1. That being an EMPLOYER, our company will assume full and complete
responsibility for all contractual obligations to our LEGAL REPRESENTATIVE who
hired/ originally recruited/ processed and deployed Workers stipulated in our
Manpower Requests.
2. That in case of our failure to effect all contractual obligations of the Principal to the
workers, DOLE/POEA shall impose the necessary penalty in accordance with its
rules and regulations/ including but not limited, to suspension and cancelation of
license/authority as well as confiscation of funds and blacklisting to participate in
POEA's overseas Employment program.
3. That this affidavit is being executed in compliance with Section 10 Rule 1 Part 3 of
the POEA Rules and Regulation governing overseas employment: To shoulder
contractual obligations to those Filipino Workers hired and deployed by both Parties
in case of Transfer of Registration,
IN WITNESS WHEREOF/1 have hereunto set my hand this 10th day of June/ 2021,
at the City of Chicago, Illinois/ USA
William Lowe CEO MS. ROSEMARIE POLICARPIO
Legal Representative Legal Representative
Signed in the Presence of:
Chicago Methodist Senior Services • Winwood Apartments, Inc. • UMH&S Foundation, Inc. • United Methodist Healthcare Recruitment
1415 West Foster Avenue, Chicago, Illinois 60640 • 773-769-5500 • cmsschicago.org
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
f, William Lowe representative of United Methodist Homes & Services (UMHS), a company duly
organized and existing under and by virtue of the laws of the United States of America, do hereby
name, constitute and appoint AGU1NALDO RECRUITMENT AGENCY INC., a company duly
organized and existing under by virtue of law of the Republic of the Philippines with business
address at Unit I and J 1202 General Luna Street, Ermita Manila Philippines, as our true and
(ega! representative in the Philippines, to act for us and in our name, place and stead, to do and
perform the following acts, things, to wit:
1. To represent our company before any and all government and private
offices/agencies in the Philippines.
2. To enter into any and all contracts with any person, corporation, institution or entity
in a joint venture or as partner in the recruitment, hiring and placement of Filipino
contract workers for overseas employment.
3. To sign, authenticate and deliver all documents necessary to complete any
transaction related to such recruitment and hiring, including making the necessary
steps to facilitate the departure of the recruited workers.
4. To bring suit, defend and enter into compromises in UMHS' name and stead in
litigations brought for or against us (or our company) in all matters involving the
employment of Filipino contract workers for myself (our company).
5. To assume jointly and severatly with the undersigned (our company) any liability
that may arise in connection with the recruitment and hiring of the workers for our
company, including the full implementation of the employment contract, to pay and
settle in our behalf such daims and demands and any obligations, judgments or
awards to such workers and to be fully indemnified or reimbursed by our company
for whatever amount our Legal Representative may be forced or obliged to pay in
our behalf, and to implement other terms and conditions of the appointment as
defined and speiled out in the attached agreement which we have previousiy
executed.
HEREBY GIVING AND GRANTING unto our said representative full power and authority to
execute or perform whatsoever requisite or proper to be done in about the premises as ful!y to all
intents and purposes as I might or could lawfully do if personally present, with power of
substitution and revocation and hereby ratifying and confirming all that my (our) said legal
representative or his substitute shali lawfully do or cause to be done under and by virtue of these
presents. However, all the powers granted hereof shall only be exercisabie upon the written
approval of United Methodist Homes & Services.
William Lowe CEO UMHS
Date: June 14, 2021
