Term & Condition

THE TERMS AND CONDITIONS OF THE AGREEMENT WILL BE AS FOLLOWS

1.SCOPE OF SERVICES

1.1. The Contractor will depute the required manpower i.e., the requisite number of personnel (hereinafter referred to as the “Deputees”) at the required locations to COMPANY under mutually agreed terms. COMPANY shall communicate in writing to the CONTRACTOR the number of manpower required and deployment.
1.2. The Deputees deputed by the Contractor will be those who have been vetted/considered suitable for employment and shall not be below the age of 18 years.

2. PERIOD & RENEWAL

2.1. Unless terminated in accordance with the provisions of the Agreement, this contract shall be valid for a period of 1 year commencing from the date of this agreement 1st April 2021.
2.2. All renewal instructions must be conveyed in writing at least 30 days in advance of the expiry of the contract. Unless stated otherwise it shall be presumed that the contract is renewed automatically for another term of 1 year.

3. PLACE OF DEPUTATION

3.1. COMPANY will from time to time, inform Contractor in writing as to the number of Deputees required, the time for which the deputation is required, and their place of work.

4. OPERATING GUIDELINES

4.1. Contractor and COMPANY agree to abide by the operating guidelines evolved and commit to discharging its responsibilities as set out, in ensuring that deputation services management is administratively effective, fair and mutually beneficial.

5. STATUTORY COMPLIANCE

5.1. Contractor will comply with the provisions of all statutes; ordinance, rules and regulations applicable to the services agreed to be provided pursuant to this agreement.
5.2. Contractor confirms that it has and will comply with all the requirements of the statutory authorities in respect of contract labour, Provident fund, ESI, Gratuity, Bonus, Leave Professional Tax etc, including the monthly contribution to be deposited with these authorities in respect of the Deputees sent on deputation of COMPANY.
5.3. Contractor will be solely and exclusively responsible for payment of salaries to the persons deputed through Bank Account & Provide Salary Slip.
5.4. Contractor at the time of submitting their bill for payment to COMPANY shall also be required to submit documentary evidence of having submitted wages, ESI and EPF amount, COMPANY reserves it rights to withhold payment, if the CONTRACTOR fails to produce proof for having remitted the ESI/EPF dues. The payment for successive months will be released on receipt of the evidence of deposition of ESI/PF in the worker’s account for previous month.

6. PAYMENT

6.1. For its Services, the Contractor is entitled to the service charge enumerated in ANNEXURE B of this Agreement.
6.2. Payment will be on monthly submission of bills & would be paid on or before 10th of Every succeeding month on or before the 2nd of a every month.
6.3. Payment to the agency will be through RTGS /NEFT only which includes ESI, PF and all the respective statutory payments.
6.4. The bill should be accompanied by the previous month’s ESI, PF remittance Challan, previous month’s paid wages register, this month payable wage register, ESI & PF breakup for previous month, ESI & PF numbers allotted to new Deputees, with a xerox copy of the wage sheet duly signed by the Deputees that qualify as contract workmen.

7. CONTRACTORS LIABILITY AND INDEMNITY

7.1. COMPANY shall not be responsible for death, injury or accidents of Deputees which may arise out of and in the course of their duties.
7.2. Contractor hereby agrees to compensate COMPANY for any damages to property / equipment / instrument / brand or theft / burglary / misappropriation / fraud, arising due to the negligence of their provided staff unless such damage or compensation arises out of the negligence or misconduct of COMPANY’s staff.
7.3. Damage and compensation amount will be decided on a case-by-case basis mutually between the CONTRACTOR and COMPANY.

8. TERMINATION

8.1. Either party can terminate this contract by giving a written notice of 30 days in writing to the other party or on mutually agreed terms.

9. ASSIGNMENT AND SUB-CONTRACTING

9.1. CONTRACTOR shall itself perform its obligations under this Agreement and shall not assign, transfer or sub contract any of its rights obligations under this Agreement.

10. FORCE MAJEURE

10.1. Neither Party shall be in default nor liable to the other for any failure to perform its obligations where such failure is directly caused by events beyond that party’s reasonable control, such as acts of nature, pandemics, labour strikes, war, insurrections, riots, acts of governments, embargoes, natural disasters, provided the affected Party notifies the other Party within 10 (ten) days of the occurrence. Such an event is an “Excusable Delay”, and the Party affected by an Excusable Delay shall take all reasonable steps to perform despite the delay.
10.2. In the event such an event prevents performance for a period in excess of 30 (thirty) days, then the non-defaulting Party may elect to terminate this Agreement by a written notice to the defaulting Party.

11. JURISDICTION AND GOVERNING LAW

11.1. This Agreement is governed and will be construed in accordance with the laws of India.
11.2. Any claim, dispute or difference whatsoever arisen or arising between the Parties out of or relating to this Agreement will be subject to the exclusive jurisdiction of competent courts at New Delhi

12. DISPUTE RESOLUTION

12.1. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by a sole arbitrator in accordance with the provisions of the Arbitration & Conciliation Act, 1996 as may be amended from time to time.
12.2. The sole arbitrator will be a person appointed by mutual consent of the Parties, and failing such appointment within 30 (thirty) days, the sole arbitrator will be appointed by making an application to the court for such appointment. Each party to bear its own cost towards the arbitration. The seat and venue of the arbitration will be New Delhi and the language of arbitration shall be English. The costs of all dispute resolution proceedings are to be borne by the Parties mutually.

13. RELATIONSHIP BETWEEN PARTIES

13.1. Nothing in this Agreement will constitute or be deemed to constitute a partnership or joint venture between the Parties for any purpose whatsoever. No agent, servant or employee of either Party will be deemed to be an agent, servant, or an employee of the other Party.
13.2. The CONTRACTOR shall have no authority to act as an agent of the COMPANY, other than the authority expressly granted in this Agreement and vice versa; no forbearance or neglect on the part of either Party or their agents shall be construed to waive any of the terms of this Agreement or to imply the existence of any authority not expressly given in this Agreement.
13.3. The CONTRACTOR shall not make statements, representations or claims and shall not give any warranties to any persons, save and except such warranties as are specifically authorized by COMPANY in writing and vice versa.

14. OTHER

14.1. The Deputees shall abide by the leave rules as per terms of their appointment with Contractor and in accordance with the terms of the Agreement between Contractor and COMPANY.
14.2. The Deputees shall abide by the working hours decided mutually between Contractor and COMPANY. Overtime/incentive of any kind,if any, shall be paid by COMPANY to Contractor and Contractor will ensure that the same is paid to the Deputees.
14.3. Contractor will maintain auditable documentary evidence of overtime/incentive payment made to Deputees. The same shall be presented to COMPANY when requested.

15. PAYROLL

15.1. COMPANY will be intimate Contractor in prescribed formats details of attendance, leave, pertaining to the depute on the (30th or 31st) of every month.
15.2. Monthly payroll cycle for salary, attendance, PF, ESIC etc. is from 1st or 30th or 31st of every month.

16. CONSIDERATION TO DEPUTEE

16.1. Whereas in consideration of the services by Contractor and monthly of work performed, company shall pay to the contractor the wages based on the attendance certification arrived at by the time office or officer in charge.
16.2. The contract period should be minimum one year.

17. LEAVE PROCESS

17.1. Should a Deputee take a leave without providing intimation of such leave as per the leave application format,1 (one)day will be deducted from the salary.
17.2. Before leave or after leave, a leave application is to be filled by the Deputee with authorization of Department Head, indicated through their signature.
17.3. Failure to abide by the aforementioned terms shall result inn security not allowing the Deputees to report from that day on wards.

18. MOBILE PHONE OPERATION

18.1 Using mobile phone in the processing area inside the warehouse is authorized only for the employees of the COMPANY and is subject to the COMPANY’S internal policy.
18.2. If the COMPANY finds unauthorized persons, including Deputees, using mobile phones and headphone etc during working hours, 1 day’s salary will be deducted.
18.3. If any Deputees are found using mobile phones multiple times without listening the Management instruction, we will be taking action against him as per COMPANY Policy.
18.4. Inside the warehouse,mobile should be switched off &security has rights to check Deputees.
18.5 To attend to or to make any emergency calls, the DepartmentHead or Manager’s approval may be obtained, but such calls cannot be taken on the floor area.

19. LATE COMING

19.1. Late coming for 3 days shall result in half day’s salary being deducted from the Deputee’s.
19.2. For 5 days late coming,one day’s salary will be deducted.
19.3. If there is no improvement, action shall be taken as per COMPANY Policy.

20. GATE-PASS PROCESS

20.1. Gate pass is only an emergency requirement.
20.2. Using above three gate-pass uses in one month period shall result in half day’s salary being deducted from the salary.
20.3. Above five gate-pass uses in one month shall result in one day’s salary being deducted.

21. UNIFORMS& SHOES

21.1. If any Deputees present without wearing uniform/shoes for three days,half day’s salary will be deducted from their salary. For five days of not wearing uniform/shoes, one day’s salary will be deducted.
21.2. For new Deputees,a minimum of 10 days shall be considered as observation period;if there is no improvement in their presentation, punctuality or performance, action will be taken as per COMPANY Policy and procedure, with the responsibility vesting with the administrative department(s) of the COMPANY.
21.3. If CONTRACTOR is not providing uniform & other required kit to Deputees, service charge will be deducted from the CONTRACTOR.

22. REMUNERATION

22.1. The Contractor hereby agrees to provide all the services mentioned here in above and mutually agreed upon by the Parties through the deputation of deputees as per as per the Job Description Sheets attached as ‘Annexure A’ with this Agreement, and they shall be remunerated as per the table stated in‘Annexure B’ of this Agreement.

IN WITNESS WHERE OF the parties hereto, have agreed and signed at T.Begur, Nelamangala.