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Manpower Contract Agreement-Format

This agreement is between Company A and Company B for manpower services. Company B will provide manpower at Company A's workplaces to perform maintenance, cleaning, and repair services as directed by Company A. The initial term of the agreement is from April 1, 2018 to March 31, 2019. Company B will pay its employees and be responsible for all statutory requirements. It will charge Company A a service fee of X% of the total cost of employing each resource. Company A will pay invoices within 30 days but can withhold payments if Company B does not meet its obligations. The agreement outlines documentation requirements, training, uniform standards, and health and safety precautions that Company B must follow for its employees
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60% found this document useful (10 votes)
37K views6 pages

Manpower Contract Agreement-Format

This agreement is between Company A and Company B for manpower services. Company B will provide manpower at Company A's workplaces to perform maintenance, cleaning, and repair services as directed by Company A. The initial term of the agreement is from April 1, 2018 to March 31, 2019. Company B will pay its employees and be responsible for all statutory requirements. It will charge Company A a service fee of X% of the total cost of employing each resource. Company A will pay invoices within 30 days but can withhold payments if Company B does not meet its obligations. The agreement outlines documentation requirements, training, uniform standards, and health and safety precautions that Company B must follow for its employees
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 6

AGREEMENT FOR MANPOWER SERVICES

Ref:- ===========

THIS AGREEMENT is made on this 13th day of Apr 2018 by and between:-

M/s =============, a company incorporated under the Companies Act, 1956 and having its
Registered Office at ======== hereinafter called “====” of the FIRST PART. (Corporate Office
address is M/s =======, Haryana).

AND
M/s =====================, a Proprietorship concern having its Registered Office at
======== New Delhi – ==== hereinafter called “==” of the OTHER PART.

M/s == has represented to M/s ==== that == has been providing the repair and maintenance
services to various companies and establishments and has further represented to M/s ==== that ==
also intends to provide the same services to M/s ==== as per the terms and conditions as specified
herein below.

NOW THIS DEED OF AGREEMENT WITNESSES AS UNDER:


1. PLACE AND SCOPE OF WORK
== will provide manpower services as per ==== requirement at the following work places:
1 =====
2 =====

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SCOPE OF WORK
a) M/s == will be responsible for providing adequate manpower at the desired locations, as
per the direction, supervision and approval by ====/CLIENT’s Plant Manager and
Maintenance Engineer.
b) M/s == shall do Greasing, Lubricating, Finishing, and Cleaning of the Units and
Equipment, which shall be certified by ====.
c) M/s == shall do the preparation and dosing of chemicals as per ====’s instructions.
d) M/s == shall carry out / assist ====/CLIENT staff for necessary rectification / repairing
of the installed equipment.
e) M/s == shall do periodical cleaning and maintenance of all the civil process units under
==== supervision. However, painting will not be in the scope of M/s ==.
f) M/s == shall be responsible for keeping up to date record of all documents, history cards
of equipment and maintaining the daily records of the logbooks and have these
documents signed by ====/CLIENT nominated staff regularly.
g) In case of any unfortunate incident involving injuries to staff, M/s == shall undertake to
provide all medical help to the workforce. M/s == shall not hold ====/CLIENT and/or
its employees responsible for the same.

2. TERM
The term of this Agreement shall come into force with effect from 01 st Apr 2018 and shall be
valid till 31st Mar 2019 for all the above places.
The Agreement will be automatically renewed further for such period and on such terms and
conditions as may be mutually agreed upon between the parties.

3. SERVICE FEES / PAYMENT TERMS


3.1. == will pay the rates to the personnel as agreed and documented mutually. Such
personnel shall be exclusively the Employees of == and shall take their
remuneration/wages from ==.
3.2. The wages paid by == to the staff/service, rates of supporting staff shall not be in
any circumstances less than the minimum wages as notified from time to time and
agreed to between ==== & ==. Any revision in minimum wages will be immediately
made applicable and paid accordingly as per date/s as notified by the Labour ====
/Competent Authority from time to time. In addition to the minimum wages, == shall
be fully responsible for fulfilling all statutory requirements for engaging the outsourcing
resources.
3.3. Approximate and Sample Salary components attached as Appendix I, the same to
be finalized by ==== and the same is subject to change as per ====’s requirement.
3.4. == will charge ==% as service charges on the total CTC (which includes basic
salary, DA, OT allowances, annual bonus, PF/ESI contribution, other statutory
requirements etc.) of the Outsourced Resource to manage each Resource.
3.5. Taxes shall be charged extra on total billing amount as per Govt. of India, Ministry
of Finance (Department of Revenue). The rate of tax is subject to amendment by G.O.I.,
Ministry of Finance from time to time.
3.6. The Outsourced Resource attendance would be closed at end of every month to
process the salaries/fees for the current month by ==. The attendance will be verified by
==== representative, by any one of the following media: E-mail or Fax to == for
further processing. The attendance cycle will be on monthly basis. Salaries of the
personnel provided by == will be paid by == through direct bank transfer/account payee
cheque by 07th of every month.
3.7. == will raise an Invoice by end of every month separately for each work place
according to the attendance and ==== shall clear the invoice within the 30 days of
receipt of the invoice. The Invoices shall be submitted at the respective work places.
However you have to make sure the labour wages must be paid as per compliance
irrespective of payment received from ====.

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3.8. The invoices raised by == shall be accompanied by attendance certified by the
Plant Manager, PF and ESI paid challans for the previous month. In addition, == shall
also submit half yearly and annual PF and ESI returns. Invoices submitted by == shall
NOT be processed for payment until the submission of all supporting documents.
3.9. == shall obtain Labour License under Contract Labour Act for all the work places
as per the requirement of the local work places of ====.

4. DOCUMENT SUBMISSION
M/s == shall submit the following documents related to his staff: -
a) Attested copy of Ration/Election/PAN Cards or Driving licence/Passport for the
residential proof of all the people deployed at Site.
b) Due verification of the character, past antecedents by the police.
c) Photo Identity Cards issued to all persons deployed at the Site.
d) Medical Examination Report of all the staff deployed.

The == shall also ensure the following for the deployed staff: -
a) The staff deployed should be medically fit.
b) No labour shall be below the age of 18 years.
c) The staff should be able to understand and communicate in Hindi /English.
d) Un-skilled / semi-skilled staff shall maintain the plant / vehicles after ensuring proper
training.
e) ==== staff shall be informed immediately about any plant/equipment shutdown at any
time.
f) M/s == shall be responsible for any accidents/mishap/injury to the staff engaged by him at
the site.

5. ==== HOLDS ALL RIGHTS TO WITHHOLD PAYMENTS UNDER THE


FOLLOWING CIRCUMSTANCES: -
a) In case ==== becomes liable to pay any wages or dues to the labour or to any Govt.
agency under the provision of the minimum wages act, workman compensation act,
contractor labour regulation or any other law due to acts of omission by M/s ==, ====
shall recover the same from M/s ==’s bills.
b) Failure on the part of M/s == to make payments to his employees / labour / supplier etc.
c) Damage or theft of any equipment/ property / belongings to ==== or ====’s Client OR
ANY THIRD AGENCY BY YOUR STAFF.
d) In case you are not able to provide the job on any given working day then we shall be at
liberty to get the job done from the external agency and the total cost for such shall be
debited to you as per actual plus 20% of the value as administrative expenses.
e) In case it is found == has not performed the assigned work as per plant requirement, ====
has the right to deduct adequate amount from the monthly invoices on account of under-
performance / non-performance.

6. UNIFORM (PROVIDED BY ====)


All workforce deployed by M/s == shall wear Uniforms of ====’s colour and style with Ankle
Black Shoes. M/s == shall provide an Identity Card (With Photograph) to deployed workforce.
The workforce shall carry Identity Cards at all times while on the plant. M/s == shall keep its
workforce informed of all ==== / Client requirements regarding security etc. at the plant and shall
see that its workforce comply at all time.

7. TRAINING
No new workforce shall be allowed into the work area without undergoing training in plant
operation, and safety. The trained workforce shall sign an undertaking as to the training received

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by him before being authorized to perform a function. Authorization for each person deployed by
M/s == shall be given by ====’s Plant Manager.

8. HEALTH AND SAFETY PRECAUTIONS


M/s == shall comply with all applicable health and safety regulations (local and ====’s) in all his
activities at the treatment works. M/s == shall ensure that his staff and labour are free of
waterborne diseases or any other diseases, which would make them unsuitable for employment at
a Water / Sewage Treatment Facility.
M/s == shall produce medical certificates at the time of mobilization and periodically during
employment at the treatment works. M/s == is responsible for ensuring the health and safety of his
workforce, the prevention of accidents and epidemics.
M/s == shall carry out a review to identify hazards to staff, to the facilities and to the environment.
Accordingly he shall ensure high standards of safety by the provision of suitable and adequate
training of his staff as well as such equipment necessary and the setting up of suitable procedures.
M/s == shall plan adequately for any accidents and shall make suitable arrangements with local
authority, including the provision of an equipped sick-bay, the training of a number of his staff in
first aid, transport etc so that, in the event of an accident, any injured staff will be provided with
all reasonable emergency care and evacuated expeditiously to a hospital.
M/s == shall identify and institute procedures to deal with emergency situations arising from
potential hazardous situations due to fire, gas, explosion, electricity, drowning, chemical handling,
chlorine malfunction and leaks etc.
These procedures shall include the provision of preplanned resources and the emergency services
together with suitable training of the site staff, including regular rehearsals and drills, so that such
emergency conditions can be brought under control with minimum risk of injury and damage .

Safety is one of the essential requirements of this agreement and as such == shall ensure the
complete safety of the workforce employed at various plants and follow the Safety instructions
provided by ====. == shall provide uniform, safety shoes/gumboots and all PPE required for the
safe execution of the works carried by the workforce. == shall be held responsible for any
accidents occurred to their employees. Any serious lapse on part of == not complying with the
Safety requirements shall lead to the cancellation of this agreement. In case of non compliance
of safety guidelines of M/s ====, ISO, OHSAS etc. the Plant Manager is authorized to
impose penalty to M/s == which shall be subsequently deducted from the invoice.
The workforce deployed by == shall be adequately trained and certified to the jobs assigned to
them. == shall conduct regular Safety trainings to their employees in coordination with ====
Safety Officer/Plant Manager.
== shall provide all reasonable facilities such as refreshments, drinking water etc and also arrange
for medical check-ups for their employees at regular intervals.

9. REPORTING:

In the normal course, the outsourced resource shall receive instructions from the respective
representatives of ==== and shall undertake to abide by any suggestions, instructions etc.,
given whether by ==== or any assigned person(s) as regards services under this Agreement.

== shall be completely responsible for the discipline and conduct of the personnel provided by
them for this service. == shall take immediate action to replace the personnel not adhering to
the discipline and other policies of ==== such as “Safety Policy” and “Alcohol & Drug
Prohibitory Policy” etc.

-4-
10. EMPLOYMENT
10.1. It is clearly understood and agreed by and between the parties that ==== shall not be
held responsible or liable under the laws, that are in force and that may come in force
from time to time, in respect of the personnel of == and == alone shall be solely
responsible for their terms and conditions of services, safety, etc. and on no account the
personnel of == shall be deemed to be employees of ====. Every personnel of == shall
continue to be an employee of == and none of the personnel of == shall have any claim
or right of whatsoever nature against ====.

10.2. == hereby further agrees that ==== will not be held responsible against any claim,
charges, demands made or raised on ==== by the Associates and or any third party
claims arising from this Agreement. == further agrees to extend full co-operation and
assistance that ==== may require defending any such action or proceedings initiated by
the personnel of ==.

10.3. == shall have the right, within reason, to have any personnel of == removed that is
considered to be undesirable or otherwise and similarly == reserves the right to change
the personnel of == with prior intimation to ====.

11. STATUTORY COMPLIANCE

== shall comply with provisions of all Labour Law statutes, ordinances, rules and regulations
applicable to the employment of Associates and the services agreed to be provided pursuant to
this Agreement and shall obtain all necessary registrations, licenses, approvals, sanctions from
PF, ESI, Contract Labour Regulation and Abolitions Act, Employees Compensation Act and
under all other applicable laws. All the liaisonings, documentations and formalities related to
statutory compliances and Contract Labour Act shall be done by == and ==== have no
boundations on such matters.

12. LIABILITY AT LAW:

== shall conform in all respects with the provisions of laws, regulations, bye-laws or orders
and shall keep ==== indemnified against all fines and liabilities of every kind for breach of
such laws, regulations, bye-laws and orders as aforesaid.

13. CONFIDENTIALITY:

== and ==== hereby agree to keep secret and confidential the proprietary, information made
available to them during the subsistence of this Agreement. Dissemination of such proprietary
information shall be restricted to officers, employees of == and ==== strictly on a need to
know basis.

14. FORCE MAJEURE


14.1. Neither == nor ==== shall be responsible to the other for delays or failures in
performance under this agreement resulting from acts beyond its control, but each
shall use its best endeavours to minimise such delays. Such causes may include, but
are not limited to, fires, terrorist acts, strikes, embargoes, acts of God, acts of
regulatory agencies or national disasters.

14.2. Where a Party’s ability to meet its obligations under this Agreement is adversely
affected by an act beyond its control, it must immediately notify the other Party of
that circumstance, and must provide its best estimate of the extent and duration of
such adverse affect.

-5-
15. TERMINATION

The agreement can be terminated at the option of either party by giving one month notice to
the other party by registered post or by hand delivery or by electronic mail as the case may be.

16. ENTIRE AGREEMENT


This Agreement represents, constitutes and expresses the entire agreement with respect to the
subject matter contained herein and supersedes any previous oral or written communications,
representations, understandings or agreements with respect thereto.

17. GOVERNING LAW & ARBITRATION:


This Agreement shall be governed and construed in accordance with the Laws of India. All
disputes, claims, suits and actions arising out of this agreement or its validity will be finally
decided in accordance with the provisions of the Indian Arbitration and Conciliation Act,
1996. The venue for arbitration shall be at New Delhi (India) only.

18. NOTICES
All notices, requests or other communications required or permitted to be given hereunder
shall be in writing in the English language and shall be sent in writing to the other party at its
address set forth below or to such other address as may from time to time be notified by one
party to the other in accordance with this Clause.

If to ‘====’:

New Delhi – ====


If to ‘==’ :
Delhi –
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on
the day and year first above written.

For M/s ==== Received & Accepted by

For ========
Authorised Signatory Authorised signatory

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