Manpower Contract Agreement-Format
Manpower Contract Agreement-Format
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.
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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.
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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.
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.
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.
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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 ====.
== 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.
== 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.
14.2. 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.
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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.
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 ‘====’:
For ========
Authorised Signatory Authorised signatory
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