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Policies For Referrers

Last updated
02 February 2024

For Referrers, please take the time to carefully read these Policies For Referrers (or the "Policies") as they are legally binding on you (the "User" or "You") and shall govern your use and/or continued access to PASAJOB (the "Service/s").

In General

  1. As a User, you unconditionally agree to be bound by these Policies, which are deemed incorporated and made an integral part of the Terms Of Use.
  2. Your use and/or continued use of the services constitutes your clear, express, and unconditional consent to be bound by these Policies, including any action made by any of your officers, employees, authorized representatives, and similar therewith. If you do not agree to these Policies, you are required to discontinue using the Services; otherwise, you are deemed to have given your unconditional consent as stated herein.
  3. You have the responsibility to regularly review these Policies. We reserve the right to revise and/or amend them at any time without prior notice. The revision or amendment are immediately effective once they are posted on the Service or at Your continued use and/or access of the Service after the revisions or amendments, whether read and/or reviewed by you, constitutes your unconditional consent to be bound by the changes.

Definition of Terms

  1. "Employers" or "Hiring Employers" – refer to duly registered organizations or businesses aiming to hire employees through the Service.
  2. "Employer's Agents" – refer to the Employers' officers, managers, employees, representatives, and similar therewith who have been given or allowed access to the Employer's User Account.
  3. "Job Seekers" – refer to qualified candidates applying for employment through the Service.
  4. "Personal Data" – refers to all types of personal information as defined under Data Privacy Laws and Regulations, including personal information and sensitive personal information.
  5. "Platform" or "Service" – refers to the collective designation of the PASAJOB platform and services.
  6. "Policies" – refer to all current and future policies, such as the Privacy Policy, Code of Conduct for Users, and separate/individual policies that may be issued from time to time, including notices, policies, guidelines, frequently asked questions (FAQs), forms and contracts, whether digital or printed, that may be provided.
  7. "Referrers" – refer to persons who refer job posts/advertisements on the Platform to qualified candidates to employers.
  8. "Third Party Providers" – refer to independent providers of technology or services which may be used separately or integrated into the Service, including digital payment platforms, accounting services, and similar thereto.
  9. "Users" – refer to any person, whether an individual or an entity, who uses the Service.
  10. "User Content" – refers to user submissions or posting, such as uploaded data, information, media, and analogous thereto.

Representations, Warranties, Undertakings

You hereby represent, warrant, and/or undertake the following:

  1. You hereby unconditionally accept and agree to the special and limited authority granted to you by the Hiring Employers for the sole and specific purpose of referring their job posts or advertisements on the Service to qualified candidates who are personally known by you. No other authority is granted to you by the Hiring Employers.
  2. You shall only refer job posts or advertisements on the Service to those you personally know and who may be qualified candidates to the best of your knowledge by providing their contact details on the Service, and nothing more.
  3. You shall not make any other declarations or representations, in any way shape or form, that may or would give the impression, whether actual or perceived:

    1. that you are recruiting on behalf of the Hiring Employer and/or by us;
    2. that you are authorized by the Hiring Employers and/or by us to transact for purposes of hiring and employment; and
    3. similar activities.

    Should the persons whom you are referring to ask for more information regarding the job posting or vacancy, you shall direct or show them to the appropriate job post only on the Service or Platform, and nothing more.

  4. You hereby confirm, affirm, and warrant that you have obtained the informed consent of the Job Seekers prior to providing their contact details on the Service. By informed consent, you shall clearly and specifically communicate and explain to them the purpose of why you are asking for their consent, including but not limited to, explaining to them that you found a job post or advertisement that you believe may be suitable to them, stating your intention to show the job post to them by providing their contact details on the Service, and advising them of the Referral Commission that you will receive should they be successfully hired.
  5. You shall hold free and harmless, as well as defend, the Employer and/or Us against any complaint, demand, or cause of action resulting from your having provided the contact details of a Job Seeker who later on denied having given consent.
  6. You shall maintain and keep confidential the contact details that may have been provided to you by the Job Seekers.
  7. You shall only approach qualified or suitable candidates. You shall avoid any form of spamming activity, including but not limited to, referring job posts to individuals who are not qualified nor suitable, creating multiple accounts for the same purpose, and analogous thereto.
  8. You shall not collect any fees or charge, in any way shape or form, whether in cash or in kind, against those whom you have referred the job post, including those who are eventually successfully employed.
  9. You shall not make any promises or warranties to the said person on his/her employability or success of being hired.
  10. You shall not conspire or connive with Job Seekers to defraud the Hiring Employers and/or us of the Referral Commissions, including but not limited to, entering into any form of arrangement whereby the Job Seeker, without any genuine intent to work for an employer, would apply for the position and be hired in order for the you as the referrer to receive the referral commissions and thereafter the Job Seeker would leave employment after less than thirty (30) days of work. This applies whether or not the referral commissions were received solely by the Referrer and/or shared with the Job Seeker through any form or manner, such as in cash or in kind.
  11. That you shall provide your tax identification number (TIN) and other relevant information for the purpose of any applicable withholding tax, prior to processing any withdrawal of amounts due to you. Where necessary, you shall cooperate with us and/or the employer for any other related tax matters. If you are unable provide your TIN and other relevant information to successfully process payments to you within a period of twelve (12) months reckoned from when you were required to give such information, you shall be deemed to have waived your right or entitlement to the referral commissions and/or any applicable amounts owing to you.
  12. You shall not commit any offense or crime through the use of the Service, such as any fraudulent acts (estafa), illegal recruitment, and analogous therewith.
  13. You shall provide us copies of the necessary licenses or permits, without need of prior request or demand, if you are regularly engaged in the profession or business of recruitment and placement, whether as an individual or a business, by reaching out to our customer support. Further, duly registered recruitment firms and licensed recruiters shall be further subject to separate policies applicable to them.

Payments and Taxes

  1. You unconditionally agree to abide by the conditions set forth in receiving Referral Commissions as provided for in a job post as employers have different policies and practices on paying referral commissions. Some employers release the payment for referral commissions upon hire, while others only after the lapse of several days of work from the first day of work, such as 30 days, 60 days, or sometimes more. It is your responsibility to note and check such conditions on job posts.
  2. Per current tax laws and regulations, Referral Commissions are subject to the following withholding taxes:

    1. For individuals:

      • 10% withholding tax (default)
      • 5% withholding tax – subject to submission of an affidavit to prove that they don't earn more than PHP 720,000.00 annually
    2. For businesses:

      • 15% withholding tax (default)
      • 10% withholding tax – subject to submission of an affidavit to prove that they don't earn more than PHP 720,000.00 annually
      • 2% withholding tax – subject to submission of: (a) BIR Certification that they are a top Withholding Agent; or, in lieu thereof, (b) a publication from a newspaper of general circulation to the same effect.
  3. You unconditionally agree that you shall comply with all applicable laws and regulations on taxation, including but not limited to and where applicable in connection with the Service, registration with the concerned Government agencies or offices, providing necessary tax/BIR forms, withholding of taxes, and payment of taxes, duties, fees, charges and/or costs, regardless of how designated, as well as enable, assist, or defend us in claiming or verifying input tax credits, refunds, and/or rebates.