For availing services through Job-a-Job-a platform

March 2021

Purpose

1.

The Terms of Reference is developed to underline the rights and duties of Job-a-Job-a secretariat and Service Users (Hereinafter referred to as an “Employer” and the Employee”) while facilitating, offering and availing services through Job-a-Job-a platform.

Application

2.

These Terms of Reference shall apply to:

  1. Job-a-Job-a secretariat established under the Royal Vision;

  2. Bhutanese Employer offering part time, short term or long term employment/task/job; and

  3. Bhutanese employee providing services under this platform.

Scope

3.

The Job-a-Job-a is instituted to create a secure and trusted community to exchange, collaborate and engage Bhutanese to accomplish any assignments through networking of a diverse pool of talented job seekers and employers in the country. Hence, the scope of these Terms and Conditions shall be applicable to Bhutanese Nationals only.

Job-a-Job-a Office

4.

To create an efficient, reliable and secure online platform that shall facilitate employment (Hereinafter referred to as “Part time”, “Short term” and “Long term”) between the Employer and Employee/Hirer or Hiree, a Job-a-Job-a office is established.

5.

Job-a-Job-a is a vision born from His Majesty the King.

6.

Job-a Job-a is governed under the Information, Communications and Media Act of Bhutan 2018, Social Media Policy and other existing relevant legal documents of the Royal Government of Bhutan.

Content Liability

7.

To avail services of Job-a-Job-a, a person shall register and create an account with Job-a-Job-a.

8.

The following steps shall be followed by the Users to create account with Job-a-Job-a to avail services:

  1. Step 1: Go to our Job-a-Job-a homepage

    Click on the “Post a job” button to get started. You’ll be asked to set up your account with an email address, password and other information  if you have not set up your account.

  2. Step 2: Set up your Job-a-Job-a account, if you are not registered.

    Finish setting up your Job-a Job-a account by providing your details and contact information. You will then be verified by our team within 24 hours.

  3. Step 3: Enter your job details

    Choose a clear job title, followed by the location of the job. Then, specify whether the job type is full-time, part-time or project based and include salary/wage information.

  4. Step 4: Enter your job description

    Enter your clear job description in the box provided. Remember to format your description so it’s easy for candidates to read and understand well.

  5. Step 5: Specify your requirement for the job

    Ask about skills, experience, or certifications required for the job to ensure candidates meet your preferred qualification criteria.

9.

If anybody encounters a problem to register may seek help by FAQ or contact Job-a-Job-a call center.

Rights of Job-a-Job-a

10.

Job-a-Job-a reserves the right to decide on collection, retention and disclosure of any personal information that are required to provide and/or avail Job-a-Job-a services. A 'Personal information’ means information stored as part of a database, whether true or not about an individual whose identity can reasonably be ascertained, from the information collected and/or held by Job-a Job-a.

11.

Notwithstanding Clause 5 above, Job-a-Job-a shall maintain the confidentiality of the information and disclose the information for the purpose other than specified in Clause 5, if:

  1. It is necessary to provide the service you have requested upon users consent;

  2. Directed by the Court, or law enforcement agencies; or

  3. Required or permitted by law.

12.

Job-a-Job-a shall collect information through other social media platforms (Facebook and Google) after receipt of consent from the users to connect to their account.

13.

Job-a-Job-a shall not be held responsible for any content that appears on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

14.

Job-a-Job-a reserves the right to direct any user to remove all links or any particular link to Job-a-Job-a’s Website.

15.

Job-a-Job-a shall reserve the right to ask the employer to deposit the amount upon posting of employment offer through Job-a-Job-a website. The amount shall be retained in the account of Job-a-Job-a till the completion of the assigned task/job by the employee/hiree. The payment may be disbursed one time lump sum after the completion of job or in two terms of 50 percent each.

16.

Job-a-Job-a reserves the right to amend these terms and conditions and other associated or incidental documents as and when required based on the needs and industry trends.

17.

Any personal information submitted or collected by Job-a-Job-a shall be deemed to be provided with free will and consent of the user. No liability for any loss or damage shall be borne by Job-a-Job-a for any information provided thereto.

18.

Job-a-Job-a shall cease to have any liabilities after the Employer and Employee enters into a legal relationship. Hence, no administrative or legal obligation shall be imposed against Job-a-Job-a for the actions done or refrain from doing by either Employer or Employee.

19.

Users with insufficient information or inaccurate information that Job-a-Job-a believes to be unethical or illegitimate shall be removed and black listed from Job-a-Job-a system without notifying the User, to ensure security and reliability of Job-a-Job-a service.

20.

If any inappropriate post is brought to Job-a-Job-a’s attention, Job-a-Job-a shall reserve the right to take civil or criminal action, including, without limitation, terminating access to users.

Duties of the Employer

21.

For the purpose of this Terms of Reference, any person who is offering to hire any person to carry out any task/job upon payment of charges/amount shall be termed as “Employer”.

22.

In order to create personal reputation on work ethics and leave digital footprint in Job-a-Job-a, an Employer shall:

  1. Act responsibly, ethically and with integrity;

  2. Comply with all of Job-a Job-a Terms of Reference and associated requirements;

  3. Be responsible for all the content posted in the Job-a-Job-a site;

  4. Not abuse personal or confidential information received through Job-A-Job-A platform;

  5. Not falsify self-identity;

  6. Not create multiple accounts;

  7. Not use the Site to generate false feedback about any person or service;

  8. Not involve in any deceptive or fraudulent practices using Job-a-Job-a platform; and

  9. Provide true and correct information.

23.

The Employer shall be required to follow the instructions to get them registered in accordance with Clause 7 and 8 of this Terms of Reference.

24.

Upon creating an account, the employer shall insert all the details including the quantum of monies to be paid for the specific task, employment or job and post the job offer.

25.

The employer shall then deposit the amount offered for the job/task to be carried out in the account of Job-a-Job-a. In case, if there are no interested people to take up the required task/job within 30 days from the day of posting, Job-a-Job-a shall retain the amount or refund back to the employer as per his/her desire.

26.

Notwithstanding Clause 24, the employer shall not claim any interest or whatsoever from Job-a-Job-a for retaining the amount for a period of 30 days or beyond as desired by the employer themselves.

27.

It is the sole responsibility of the Employer to do or abstain from doing employment or associated works in accordance with the laws of the Kingdom of Bhutan. No liability shall be incurred by the Job-a-Job-a office for an act done or abstain from doing by the employer.

Duties of the Employee

28.

For the purpose of this Terms of Reference, any person who is hired or assigned to carry out any task/job shall be termed as “Employee”.

29.

In order to create personal reputation on work ethics and leave digital footprint in Job-a-Job-a, an Employee shall be required to:

  1. Act responsibly, ethically and with integrity;

  2. Comply with all of Job-a Job-a Terms of Reference and associated requirements;

  3. Be responsible for all the content posted in the Job-a-Job-a site;

  4. Not abuse personal or confidential information received through Job-A-Job-A platform;

  5. Not falsify self-identity;

  6. Not create multiple accounts;

  7. Not use the Site to generate false feedback about any person or service;

  8. Not involve in any deceptive or fraudulent practices using Job-a-Job-a platform;

  9. Not seek or receive payments off-site without the knowledge of Job-a-Job-a;

  10. Not agree to do work if incapable of doing;

  11. Not request for Payments before delivery of services; and

  12. Provide true and correct information

30.

The Employee shall be required to follow the instructions to get registered themselves in accordance with Clause 7 and 8 of this Terms of Reference.

31.

The Employee shall decide the mode of payment for the offered job/task. The payment shall be offered in two ways:

  1. One time payment as Lump sum after the job is completed

  2. Milestone based payment in two terms of 50% each. The first 50% shall be paid when 50% of the job is completed upon the consensus of the employer. The remaining 50% shall be paid after the job is completed.

32.

The employee shall be required to complete the work due diligently and within the given dateline and hand over to the employer to receive payment thereto.

33.

The employee shall not keep the work incomplete or unsatisfactory. In case of unsatisfactory or incomplete work, the discretion lies with the employer to pay or not pay.

34.

In addition to the action of the employer under Clause 32, the employer may recover the damage caused due to incomplete or unsatisfactory work from the employee.

Agreement

35.

The employer and employee shall be mandated to sign a employment Agreement in physical or virtual form. The parties may use the sample agreement uploaded as Annexure 1 to this Terms of Reference.

Indemnification

36.

The Employer and Employee shall indemnify, defend and hold harmless the Job-a-Job-a and/or its employees, agents, attorneys and representatives against any and at all costs, damages, expenses, claims, suits and actions, including but not limited to expenses for legal fees, whether suit brought or not, and disbursement and liabilities incurred or assumed by the Job-a-Job-a in connection with:

  1. Damage to persons or property, in any way arising out of or through the acts or omissions of employer or employee, or its authorized representatives;

  2. Request for relief arising out of the employer or employee’s action or inaction which results in a claim for invasion of the rights of privacy; defamation of any person, firm or corporation; for the violation or infringement of any copyrights, trademark, trade name, service mark or patent; or of any other rights of any person, firm or corporation; or

  3. Any or all claims arising out of an employer or employee’s failure to comply with the provisions of this Terms of Reference or any other law, or Rules deemed to be followed thereof.

Dispute Settlement

37.

Any dispute between the Employer and Employee regarding the employment offered and accepted including payment or other associated terms, shall be resolved through mutual consultations between the Parties and based on the principles of mutual understanding and respect.

38.

In case if the dispute between the employer and employee shall not be resolved through mutual consultation, the Parties may refer the matter for mediation by Job-a-Job-a office.

39.

The cases which are beyond the purview of Job-a-Job-a shall be referred to the Court of competent jurisdiction by either of the Parties.