Contractor Employees. 27.1 The Contractor shall at all times employ only fully competent and reliable Contractor Employees. ArcelorMittal shall be at liberty to object to any xxxxxxx or person employed by the Contractor in the execution of the work to be performed, who in the opinion of ArcelorMittal misconduct himself, or is incompetent or negligent or otherwise unsatisfactory, and the Contractor shall, subject to industrial relations practices, immediately replace the person so objected to, upon receipt from ArcelorMittal of notice in writing requiring it to do so. 27.2 The Contractor shall insure under the Compensation for Occupational Injuries and Diseases Act no 130 of 1993, or any amendments thereto, or any Act passed in substitution thereof, against all claims by workmen employed by it and also under the common law, with an Insurance Company to be approved by ArcelorMittal, for an amount or amounts sufficient to satisfy any and all claims for compensation which any of its workmen or their dependants may make under the said Act or Common Law and shall continue such insurance uninterruptedly for the duration of this Agreement, provided always that in the event of the Contractor employing any sub-contractor, the Contractor's obligations to insure as aforesaid under this sub-clause shall be deemed to have been satisfied if the sub-contractor shall have insured as provided for in this sub-clause in such a manner that ArcelorMittal shall be indemnified. 27.3 In addition, the Contractor shall at its own expense insure and keep insured all persons employed by it, who do not fall within the ambit of the provisions of the Compensation for Occupational Injuries and Diseases Act, against all risks arising out of their employment. 27.4 The Contractor shall from time to time, when so required by ArcelorMittal, submit to ArcelorMittal all policies required in terms of this Agreement, as well as proof that all premiums have been paid. 27.5 ArcelorMittal shall not be liable for, or in respect of, or in consequence of, any accident or injury to any employee of the Contractor or any sub- contractor and the Contractor shall indemnify ArcelorMittal against all damages and compensation against all claims, demands, proceedings, costs, charges and expenses, whatsoever, in respect thereof or in relation thereto.
Appears in 2 contracts
Samples: Ports Agreement, Ports Agreement
Contractor Employees. 27.1 28.1 The Contractor shall at all times employ only fully competent and reliable Contractor Employees. ArcelorMittal shall be at liberty to object to any xxxxxxx or person employed by the Contractor in the execution of the work to be performed, who in the opinion of ArcelorMittal misconduct himself, or is incompetent or negligent or otherwise unsatisfactory, and the Contractor shall, subject to industrial relations practices, immediately replace the person so objected to, upon receipt from ArcelorMittal of notice in writing requiring it to do so.
27.2 28.2 The Contractor shall insure under the Compensation for Occupational Injuries and Diseases Act no 130 of 1993, or any amendments thereto, or any Act passed in substitution thereof, against all claims by workmen employed by it and also under the common law, with an Insurance Company to be approved by ArcelorMittal, for an amount or amounts sufficient to satisfy any and all claims for compensation which any of its workmen or their dependants may make under the said Act or Common Law and shall continue such insurance uninterruptedly for the duration of this Agreement, provided always that in the event of the Contractor employing any sub-contractor, the Contractor's obligations to insure as aforesaid under this sub-clause shall be deemed to have been satisfied if the sub-contractor shall have insured as provided for in this sub-clause in such a manner that ArcelorMittal shall be indemnified.
27.3 28.3 In addition, the Contractor shall at its own expense insure and keep insured all persons employed by it, who do not fall within the ambit of the provisions of the Compensation for Occupational Injuries and Diseases Act, against all risks arising out of their employment.
27.4 28.4 The Contractor shall from time to time, when so required by ArcelorMittal, submit to ArcelorMittal all policies required in terms of this Agreement, as well as proof that all premiums have been paid.
27.5 28.5 ArcelorMittal shall not be liable for, or in respect of, or in consequence of, any accident or injury to any employee of the Contractor or any sub- sub-contractor and the Contractor shall indemnify ArcelorMittal against all damages and compensation against all claims, demands, proceedings, costs, charges and expenses, whatsoever, in respect thereof or in relation thereto.
Appears in 2 contracts
Samples: Draft Agreement, Stevedoring Agreement
Contractor Employees. 27.1 The Contractor shall at all times employ only fully competent and reliable Contractor Employees. ArcelorMittal shall be at liberty to object to any xxxxxxx or person employed by the Contractor in the execution of the work to be performed, who in the opinion of ArcelorMittal misconduct himself, or is incompetent or negligent or otherwise unsatisfactory, and the Contractor shall, subject to industrial relations practices, immediately replace the person so objected to, upon receipt from ArcelorMittal of notice in writing requiring it to do so.
27.2 The Contractor shall insure under the Compensation for Occupational Injuries and Diseases Act no 130 of 1993, or any amendments thereto, or any Act passed in substitution thereof, against all claims by workmen employed by it and also under the common law, with an Insurance Company to be approved by ArcelorMittal, for an amount or amounts sufficient to satisfy any and all claims for compensation which any of its workmen or their dependants may make under the said Act or Common Law and shall continue such insurance uninterruptedly for the duration of this Agreement, provided always that in the event of the Contractor employing any sub-contractor, the Contractor's obligations to insure as aforesaid under this sub-clause shall be deemed to have been satisfied if the sub-contractor shall have insured as provided for in this sub-clause in such a manner that ArcelorMittal shall be indemnified.
27.3 In addition, the Contractor shall at its own expense insure and keep insured all persons employed by it, who do not fall within the ambit of the provisions of the Compensation for Occupational Injuries and Diseases Act, against all risks arising out of their employment.
27.4 The Contractor shall from time to time, when so required by ArcelorMittal, submit to ArcelorMittal all policies required in terms of this Agreement, as well as proof that all premiums have been paid.
27.5 ArcelorMittal shall not be liable for, or in respect of, or in consequence of, any accident or injury to any employee of the Contractor or any sub- sub-contractor and the Contractor shall indemnify ArcelorMittal against all damages and compensation against all claims, demands, proceedings, costs, charges and expenses, whatsoever, in respect thereof or in relation thereto.
Appears in 2 contracts
Samples: Contract for Services, Ports Agreement
Contractor Employees. 27.1 34.1 Whilst engaged at any Sites the Contractor shall comply with the Lead Authority’s requests relating to the conduct of its respective Staff (including those in respect of security arrangements) as may be made by the Lead Authority from time to time whilst at such facilities and shall ensure that its employees, servants and agents do likewise.
34.2 Subject to Clause 33 (TUPE and Pensions), the Contractor shall be entirely responsible for the employment and conditions of service of the Contractor’s employees and shall procure that any Sub-Contractor is likewise responsible for its employees. The Contractor shall at procure that all times employ New Employees (whether of the Contractor or of any Sub-Contractor) engaged in the provision of the Services have the right to work in the UK and will conduct appropriate checks and monitoring as required by the Immigration, Asylum and Nationality Act 2006.
34.3 The Contractor shall procure that in respect of all potential staff or persons performing any of the Services who become New Employees (Named Employee) before a Named Employee begins to perform the Services and only fully competent to the extent required under the Home Office Guidance for the role in question:
34.3.1 each Named Employee is questioned as to whether he or she has any Convictions or Asbos or Criminal Behaviour Orders;
34.3.2 the results are obtained of a check of the most extensive available kind made with the Disclosure and reliable Barring Service in respect of each Named Employee; and
34.3.3 a copy of the results of such checks are notified to the Councils.
34.4 The Contractor Employees. ArcelorMittal shall procure that only to the extent required under the Home Office Guidance in relation to the Services:
34.4.1 no person who appears on a Barred List following the results of a Disclosure and Barring Service check shall be at liberty employed or engaged in the performance of any Services; and
34.4.2 it shall and shall procure that all sub-contractors shall comply with all reporting requirements to object the Disclosure and Barring Service.
34.5 The Contractor shall procure that no person who discloses any Convictions or Asbos, or who is found to have any xxxxxxx Convictions or Asbos following the results of a Disclosure and Barring Service check, is employed or engaged without the Lead Authority’s prior written consent (such consent not to be unreasonably withheld or delayed and on the presumption that such consent will not be withheld in respect of any persons disclosing Convictions or Asbos which have no material likelihood of adversely affecting the performance of the Services, or impacting on Service Users.
34.6 The Contractor shall take and/or procure that appropriate disciplinary action is taken against any person employed by the Contractor and/or any Sub-Contractor who contravenes any requests made by the Lead Authority pursuant to Clauses 34.1 to 34.6 relating to the conduct of their Staff who are wholly or mainly engaged in the execution provision of the Services at any Sites (which may in appropriate cases include the removal of such person from such Sites or from carrying out any work to be performed, who in connection with the opinion of ArcelorMittal misconduct himself, or is incompetent or negligent or otherwise unsatisfactory, and the Contractor shall, subject to industrial relations practices, immediately replace the person so objected to, upon receipt from ArcelorMittal of notice in writing requiring it to do soServices).
27.2 The Contractor shall insure under the Compensation for Occupational Injuries and Diseases Act no 130 of 1993, or any amendments thereto, or any Act passed in substitution thereof, against all claims by workmen employed by it and also under the common law, with an Insurance Company to be approved by ArcelorMittal, for an amount or amounts sufficient to satisfy any and all claims for compensation which any of its workmen or their dependants may make under the said Act or Common Law and shall continue such insurance uninterruptedly for the duration of this Agreement, provided always that in the event of the Contractor employing any sub-contractor, the Contractor's obligations to insure as aforesaid under this sub-clause shall be deemed to have been satisfied if the sub-contractor shall have insured as provided for in this sub-clause in such a manner that ArcelorMittal shall be indemnified.
27.3 In addition, the Contractor shall at its own expense insure and keep insured all persons employed by it, who do not fall within the ambit of the provisions of the Compensation for Occupational Injuries and Diseases Act, against all risks arising out of their employment.
27.4 The Contractor shall from time to time, when so required by ArcelorMittal, submit to ArcelorMittal all policies required in terms of this Agreement, as well as proof that all premiums have been paid.
27.5 ArcelorMittal shall not be liable for, or in respect of, or in consequence of, any accident or injury to any employee of the Contractor or any sub- contractor and the Contractor shall indemnify ArcelorMittal against all damages and compensation against all claims, demands, proceedings, costs, charges and expenses, whatsoever, in respect thereof or in relation thereto.
Appears in 1 contract
Samples: Waste Collection Contract