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Subject to Section 24.0, the Company may at all times choose its employees and shall be free to employ such persons who are not citizens of the State as are required for the efficient conduct of the Project. Where Applicable Law stipulates minimum technical qualifications or minimum levels of competence for any technical post, the State undertakes to recognize equivalent technical qualifications or certificates of competency held by persons who are not citizens of the State, provided that such qualifications and/ or certificates of competency shall have been issued by a recognized institution or statutory authority in any other country employing standards comparable to those in Applicable Law. The Company shall also conduct a program to acquaint all expatriate employees and contractors with Applicable Law and customs of the State.

*See also examples at 24.0 Employment and Training of Local Citizens.

Example 1
8.4 In accordance with Article [x] of the Minerals Law, not less than 90% (ninety percent) of the Investor’s employees will be citizens of [Country].
8.5 In accordance with Government Resolution Number [x] dated [date] making amendment to the Annexure of Resolution Number [x] of [year] on establishing the quota of work force and professionals to be received from abroad in [year] made under the authority of the Law on Sending Labor Force Abroad and Receiving Labor Force and Specialists from Abroad, the Investor will utilize best efforts to work with entities that contract with the Investor to provide labor to the Project to ensure that:

8.5.1. for construction work during the Construction Period and Expansion Periods, not less than 60% (sixty percent) of the entities’ employees will be citizens of [Country]; and
8.5.2. for mining and mining-related work, not less than 75% (seventy five percent) of the entities’ employees will be citizens of [Country].

[…]

8.11 The Investor will use its best endeavours to maximize the participation on a competitive basis of qualified citizens of [Country] as engineers for the Project and within 5 (five) years of the Commencement of Production the Investor must use its best endeavours to ensure that no fewer than 50% (fifty percent) of its employed engineers, and within 10 (ten) years of the Commencement of Production that no fewer than 70% (seventy percent) of its employed engineers, shall be citizens of [Country].

Example 2
Article 6
Labor Services

6.1 Party B shall have the final right to decide the employees and laborers and salary issues, and to the progress (m/d), the core samples, etc. Also, Party A will be preferably awarded to provide exploration services to the Company except in those situations that Party A lacks the expertise needed to provide the required services as shall be determined by Party B in its reasonable discretion. Party A shall charge its services at a rate that is equal to the market standard or shall be otherwise agreed to by Party A and Party B.
6.2 Both Parties shall have the right to provide supervisory personnel and research specialists and to pay international rates to these employees, and the standard of bill consulting fees and overhead costs where appropriate shall be decided by the board of directors of the Company.

Example 3
Article 15.
Employment and Training of Host Country Personnel

15.1 Employment Preference. The Contractor shall conform with laws, rules and regulations regarding labor and safety standards. In giving preference to [Country] citizens in all types of mining employment for which they are qualified, the Contractor shall employ [Country] personnel in its Mining Operations with preference to those who have established domicile in the host province(s) and municipality(ies) and shall, after the Date of Commencement of Commercial Production, in consultation and with consent of the Government, elaborate an appropriate training program for employment of suitable [Country] nationals at all levels of employment. If necessary skills and expertise are currently not available, the Contractor must immediately prepare and undertake a training and recruitment program at its expense to identify suitably qualified [Country] citizens in the host and neighboring communities with the aptitude to acquire the necessary skills and expertise.
15.2 Alien Employment. For highly-technical and specialized mining operations, the contractor may, subject to the necessary government clearances, employ qualified foreigners. It is agreed that alien employment shall be limited to technologies requiring highly specialized training and experience, subject to the required Government clearance under existing laws, rules and regulations, as provided in Section [x] of the Act. Where foreign technologies are utilized and where alien executives are employed, an effective program of training understudies shall be undertaken.
15.3 Non-Discrimination. The Contractor shall not discriminate on the basis of gender. The Contractor shall respect the rights provided by law for all workers to participate in policy and decision-making processes affecting their rights and benefits.

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PRIOR TO ANY USE OF THIS DOCUMENT.

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