MANPOWER CONTRACT
THIS AGREEMENT is made and entered into this 1st Day of January , 2023, by and between M/s: XYZ PVT. LTD., a Company incorporated under the Companies Act, 1956, having its office at __________________________________________, and acting through its representative Mr.(hereinafter called the “COMPANY” which expression shall unless repugnant to the context or meaning thereof mean and include its sister concern, successors, executors, administrators and assigns) of One part
And
M/s. PQR Enterprises, a sole proprietary
concern of Mr. Karunakar B Shetty, having its Office at _________________________________________,
and acting through its (hereinafter
called the “CONTRACTOR” which expression shall unless repugnant to the context
or meaning thereof mean and include its successors and assigns) of other part.
WHEREAS the Company is
desirous of entrusting the ‘MANPOWER CONTRACT’ to the Contractor, which
consists of providing Manpower services to the company, located at Mumbai.
And WHEREAS the Contractor is
in the business of taking contracts on job work basis and has approached the
Company and offered to carry out the said work and has further assured the
Company that he will ensure good, acceptable and quality work and also maintain
a strict time schedule of completion of jobs entrusted to the Contractor by the
Company and after examining the proposals both the parties have now arrived at
this agreement.
WHEREAS the Company has
agreed to avail the services of Contractor on certain terms and conditions
forming part of this agreement.
AND WHEREAS the Contractor
has agreed to undertake this work on the terms and conditions mentioned herein
below:
NOW THIS AGREEMENT
WITNESSETH AS UNDER: -
This Agreement shall be
deemed to have come into force with effect from January 1, 2023 and shall remain in force for a period
of 12 months from the said date i.e. up to December 31, 2023.At the end of the
Initial Term, this Agreement will be renewed for one more year, after
successful review of the Services provided by the Contractor and on each
subsequent anniversary thereafter, for subsequent one-year term, unless either
party provides written notice to the Other Party of its desire to terminate
this Agreement in accordance herewith.
1)
In consideration of the services rendered by the Contractor,
the Company shall pay Service Charges to the Contractor for providing Manpower and
other allied office activities. Government Levies such as Goods and Service Tax
will be charged additionally on total amount, as applicable and any increased
amount shall be subject to revision of minimum wages and special allowance by
the Government of Maharashtra from time to time. Overtime if any, will be
charged double the rate per man hour. Reliever person will be arranged to work
if a contractor employee is absent to duty and payment of the reliever person
will be claimed from the Company as per the current minimum wages rate. The Contractor would also submit other bill
for any extra work done by the Contractor and the Company agrees to settle the
bills after verifying the authenticity & veracity and within 7 days and
subject to deductions, if any. Our
Personnel will be employed for minimum 9 hours duty for a day and 1 weekly off.
2)
It is made clear that employees employed by the Contractor to
do the above work shall be employees of the Contractor alone and there is no
master servant relationship between the said employees and the Company. The
responsibility and liability of Payment of Wages and other Emoluments to the
persons employed by the Contractor to carry out the above job work will be that
of the Contractor. Similarly, the matter
of Leave and any other facility to be given to the said employees will be a
matter between the said Contractor’s employees and the Contractor.
3)
It shall be duty of the Contractor to keep all the necessary
records of its staff / personnel/ employees and keep it available for
inspection by the Company. The Contractor shall submit a list of staff/
personnel/ employee that may be posted to do the job work in the Company from
time to time stating therein clearly the name of the personnel, his age,
address and such other particulars that may be required to identify such
personnel.
4)
It shall be the duty and responsibility of the Contractor and
their staff/ personnel/ employee, not to make misuse of the premises of the
Company, which results into civil or criminal liability on Company. Contractor
shall be responsible for all the negligent acts of its staff / personnel /
employee resulting into whether civil or criminal liability, while on duty at
the premises of Company and shall indemnify the Company for the loss/ damage
incurred to it due to such negligent act.
5)
Every employee to be supplied by the contractor shall not be
less than 18 years and not more than 50 years of age and the contractor shall
obtain and produce to the company a medical certificate of each of the worker
that he is not suffering from any disease of major ailment and he is physically
fit to do the prescribed work.
6)
It is agreed between the parties that the said employees of
the Contractor will not be treated as the employees of the Company, but they
will be the employees of the Contractor only and all the liabilities on account
of the said employees will be that of the Contractor.
7)
The Contractor shall carry out the above activity to and from
the respective office places as per the requirements of the Company. The
Contractor shall carry out all incidental work as per requirement of the
Company. The Contractor shall ensure that its employees are properly instructed
to take acknowledgements from the persons to whom materials are to be handed
over as required by the Company’s officials from time to time.
8)
The Contractor will be responsible for proper supervision,
control and discipline of the employees employed by him.
9)
The Contractor has represented that they have licenses for
undertaking contracts/ agreements for Contract Works, and their employees /
workmen will be covered under various acts like Employees State Insurance Act,
Provident Fund Act, Workmen Compensation Act, Maternity Benefit Actand other
acts applicable to the nature of services undertaken by them. The Contractor
has promised to provide sufficient proof of having such licenses and approvals
from necessary authorities to Company within 15 days of entering into this
agreement.
10) The Contractor will comply
with the statutory requirements under Contract Labor (Regulation and Abolition)
Act 1970, E.P.F. Act 1952, E.S.I. Act 1948, Employer’s Liability Act 1938,
Minimum Wages Act 1948, Payment of Gratuity Act 1972, Payment of Wages Act.1936,
Payment of Bonus Act 1965, etc. and any other law as may be applicable, from
time to time, for the contract employees employed by him. All statutory records under the Labor Laws
will be maintained by the Contractor and should be made available to the
Company’s representative / Labor officer etc. from time to time, for
verification and inspection and challan of PF, ESIC will be given with monthly
bill, If anyone throwaway from ESIC then company have to consider them under workmen
Compensation Policy.
11) In case of any default or
non-compliance by Contractor in discharging its obligation or liability under
any applicable Legislation, the party Contractor shall solely be responsible
for any penalty, interest and/or other consequences arise from such default or
non-compliance. The Company shall not indemnify or reimburse the Contractor for
any such penalty, interest and/or other consequences paid, borne or suffered by
Contractor for any such default or non-compliance.
12) The Company will not in
any manner be responsible for any Acts of Omission and Commission of the
workers engaged by the Contractor and no claim in this regards will lie against
the Company by any worker / employee (including the legal heirs, successors and
assigns of such worker / employee) engaged / employed by the Contractor which
the Company is required to discharge by virtue of any statute or any provision
of law or rules, due to the mere fact that the said employees / workers of the
Contractor are working for the Company or otherwise.
13) The Contractor will take
proper care of the all Equipment, Tools, Gadgets provided by the Company, for
carrying out the jobs mentioned in this contract and will return the same to
the Company in good condition upon termination of the contract or as and when
demanded by the Company.
14) The Contractor shall
comply with the Company’s requirements from time to time for effective
compliance of this agreement.
15) It is responsibility of
the Contractor to maintain the attendance records of all employees employed by
him and supervises their work so as to discharge their duties effectively. The
Contractor shall be accountable for all of his said employees to the Company.
16) Gratuity is applicable for
any employee after completion of 4.6 years as per Payment of Gratuity Act,1972
& Principal Employer will bear the liability for the same.
17) The Contractor shall
maintain records of attendance and salary payment to his said employees and the
same shall be available for inspection to the Company’s Representative from
time to time.
18) If due to any act of
commission or omission, misfeasance or nonfeasance of any employee supplied by
the contractor, any third party suffers loss or damages the contractor will
make good the same if the company is required to pay the same the contractor will
reimburse the company for such loss or damage.
19) It is further agreed that
in the event of any accident to the workmen occurring within the premises, the
Contractor shall be solely responsible for all liabilities arising out of such
accidents and the Contractor hereby indemnifies the Company in respect of
Compensation, if any, payable or paid to the workers / employees of the
Contractor. In case any employee of the Contractor sustains injury in the
course of employment and the Company as a Principal Employer has to pay
compensation, the Contractor shall indemnify the Company and the Company shall
be entitled to recover the compensation paid as per Clause 12 (2) of the
Employees’ Compensation Act, 1923.
20) This Contract can be
terminated in the normal course by either party by giving 30 days’ notice in
writing provided. The Company can terminate this contractor by giving one
month’s notice or compensation equivalent to one month’s charges payable under
the contract.
21) This agreement is personal
to the Contractor and shall not be transferred or assigned by him in any manner
whatsoever.
22) It is agreed that the
Contractor will maintain strict secrecy and confidentiality of the affairs of
the Company and shall not divulge any information of or any affairs connected
with the Company, which may come to his knowledge either verbal or written or
in his possession by virtue of his position as a Contractor to carry out the
assignment given to him by this agreement.
23) Any dispute arising out of
any of the provisions of this agreement shall be dealt with by mutual
discussions and decided failing which the same, shall be resolved by any
Arbitral tribunal formed under the provision of Arbitration and Conciliation
Act 1996.
24) This agreement shall be
subject to the exclusive jurisdiction of Mumbai Court only.
IN WITNESS WHEREOF the
parties hereto have signed this agreement on the day and year first hereinabove
written.
Signed and delivered by
the within named,
Company, “XYZ PVT. LTD.”
Through its Authorized
Signatory ___________________
Mr.
In the presence of
________________________________
_______________________________________________
Signed and delivered by
the within named,
Contractor, “M/s. PQR
Enterprises”
Through its Authorized
Signatory ___________________
Mr. Karunakar B Shetty
In the presence of
________________________________
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