Common use of EMPLOYMENT OF PERSONS Clause in Contracts

EMPLOYMENT OF PERSONS. 12.1 Nothing in this Contract shall be taken to mean that Staff Member is an employee, worker, officer or agent of the Buyer. The Seller shall be solely responsible for all matters relating to the employment or engagement of such individuals including compliance with all applicable laws. The Seller will be responsible for all income tax, national insurance contributions or social security charges or similar statutory payments in relation to all such Staff Members and ensure that they are deducted and/or paid to the relevant authorities and/or such individuals (as the case may be). 12.2 The Seller shall indemnify the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made or brought by any Staff Member which arises or is alleged to arise out of any act of omission of the Seller (or any of its agents or subcontractors). The Seller shall further indemnify the Buyer for any liability for income tax, national insurance contributions and/or social security charges or similar statutory payments (or penalties or interests thereon) which may be found due from the Buyer in respect of Staff Member. 12.3 The Seller shall indemnify the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made or brought by any employee, worker, officer or agent of the Buyer who is not a Staff Member and which arises or is alleged to arise out of any act of omission of a Staff Member and/or the Seller (or any of its agents or subcontractors). 12.4 The Seller shall indemnify the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made, be it civil or criminal, and brought by any government agency or regulatory body, including but not limited to the Health and Safety Executive, which arises or is alleged to arise out of any act of omission of a Staff Member, and/or the Seller (or any of its agents or subcontractors). The indemnity in this paragraph 12.4 shall not apply to the amount of any fine paid by the Buyer but shall include all costs, expenses, liabilities, damages and losses arising out of the claim, demand, action or proceeding which gave rise to the fine. 12.5 The Seller shall indemnify the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made or brought by any Staff Member which arises or is alleged to arises as a result of his asserting that he is or was an employee or worker of the Buyer. 12.6 The Seller shall indemnify the Buyer for itself and any future provider of goods and/or services to the Buyer against all and any costs, expenses, liabilities, damages and losses arising out of any claim, action, demand or proceeding which arises or is alleged to arise by virtue of the operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 in connection with the termination of this Contract or the termination of the provision of any of the Services (including without limitation in relation to any dismissal or alleged dismissal of any Staff Member or former Staff Member).

EMPLOYMENT OF PERSONS. 12.1 5.1 In order to ensure that the best possible labour relations shall be associated with the Contract, the Seller shall observe and comply with the provisions with regard to the employment of persons which are stated in this paragraph 5. Except where otherwise indicated below these provisions shall apply to all persons employed or engaged by the Seller or any Seller Party in the performance of the Contract, either on the Buyer’s premises or in every factory or workshop used by the Seller or otherwise. 5.2 The Seller shall in respect of all persons employed or engaged by him in the provision of the Services pay rates of wages and observe hours and conditions of labour in accordance with the relevant national or local agreement between the Seller and the trade union(s) for the trade or industry in the district or premises where the Services are being executed (where applicable). 5.3 The Buyer shall be entitled if it so requires to have suitable certificates of competence from the Seller for any person employed or engaged in connection with the Services. The Seller shall procure that the Buyer is able to require any Seller Party performing the Services on the Site to undergo an alcohol and/or drug test. The Buyer shall be at liberty to object to any Seller Party being involved in the performance of the Services either on the Site or in any other place who shall in the opinion of the Buyer misconduct himself or be incompetent or negligent or fail to comply with any Law, works rule, procedure or policy, site condition, license or consent or fail an alcohol and/or drug test. The Seller shall remove, or procure the removal of, that person from the provision of the Services and/or any site of the Buyer as requested by the Buyer and he shall not be again involved in the provision of the Services without the written permission of the Buyer. Any removal or withdrawal of labour under this paragraph 5.3 shall not constitute a valid reason for the Seller’s failure to complete the Services in accordance with the Contract. 5.4 Prior to commencement of the Services the Seller shall state in respect of his site employees and the employees of any Seller Party:- (a) the name of employer’s association, Regional Affiliation (if appropriate) and national agreement followed (and/or domestic agreement); (b) the normal total weekly working hours on which his proposal was based; (c) an indication of the rates which he proposes to pay for his various grades of labour, with details of number of persons to be employed, together with details of how these rates are made up and the amount of any variation from the terms of the national agreement stated in paragraph 5.4(a) above (the ratio in each trade of craftsmen to apprentices employed by the Seller on the Buyer's premises shall not exceed such rate as may be agreed with the Buyer); (d) details of his domestic procedure for dealing with labour disputes and of any variances from the procedure contained in the national agreement referred to in paragraph 5.4(a) above; and (e) details of any variances in holiday and sick pay arrangements from those stated in the national agreement referred to in paragraph 5.4(a) above. This information will be required before consent to any sub-contract may be given under the provisions of condition 17. 5.5 The Seller shall advise the Buyer in good time before entering into any commitment materially to alter pay or other conditions of employment or methods of working for the Seller’s site workforce or those of any Seller Party’s site workforce. 5.6 The Seller acknowledges that in preparing his tender he has allowed for Services to be carried out during a specified “standard working week” of the numbers of hours indicated in the Specification. Should the Seller for any reason whatsoever wish to deviate from the standard working week, the approval in writing of the Buyer shall first be obtained. The cost of any additional premium time (or other costs) resulting from deviation from the standard working week shall be borne by the Seller. Premium time means the difference between the number of hours paid to the employee and the number of hours actually worked by that employee. 5.7 The Seller shall not be entitled to claim any extra payment or an extension of time for completing the Services by reason of any delay or increased cost to him through any failure or inability on the part of the Seller to obtain sufficient suitable labour at the times required to comply with the Contract or as a result of any action taken by the Buyer under this paragraph 5. 5.8 The Seller shall take part in and abide by the procedures of any consultative machinery set up by the Buyer to co-ordinate labour relations and conditions of employment. In particular the Seller will:- (a) observe (and ensure that any Seller Party observes) the terms and conditions of the national agreement relevant to his trade. (b) have access to external procedures for the avoidance of labour disputes concerning his site workforce, be a member of the relevant federation, association or other employer organisation relevant to his trade and place the same requirement on his sub-contractors (c) supply regular information to the Buyer concerning the Seller’s forecast site manpower requirements, actual xxxxxxx, earnings analyses and disputes relating to his site workforce, and supply similar information concerning his sub-contractors (d) co-operate fully in any confidential audit by the Buyer or its agent of the Seller’s site payrolls, method of payment and presence on the Buyer's premises of the Seller’s workforce or in any similar audit of his sub- contractors (e) inform the Buyer of the occurrence of any dispute on the Buyer's premises immediately and in writing within 24 hours of its incidence and of any significant dispute not on the Buyer's premises which could adversely affect the Contract or performance of the Services. 5.9 The Seller will provide during the period of the Contract all proper welfare and amenity facilities for his employees and will describe these in his tender. 5.10 The Seller shall not without the consent of the Buyer or of the provider of goods or services concerned knowingly take into employment any individuals employed or engaged by the Buyer or by any other provider of goods or services to the Buyer who is employed or engaged in connection with the Services. 5.11 Nothing in this Contract Agreement shall be taken to mean that Staff Member any individual employed or engaged in the provision of the Services by the Seller or any Seller Party is an employee, worker, officer or agent of the Buyer. The Seller shall be solely responsible for all matters relating to the employment or engagement of such individuals including compliance with all applicable laws. The Seller will be responsible for all income tax, national insurance contributions or social security charges or similar statutory payments in relation to all such Staff Members individuals and ensure that they are deducted and/or paid to the relevant authorities and/or such individuals (as the case may be). 12.2 5.12 The Seller shall indemnify the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made or brought by any Staff Member of the individuals employed or engaged in the provision of the Services which arises or is alleged to arise out of any act of omission of the Seller (or any of its agents or subcontractors). The Seller shall further indemnify the Buyer for any liability for income tax, national insurance contributions and/or social security charges or similar statutory payments (or penalties or interests thereon) which may be found due from the Buyer in respect of Staff Member. 12.3 any individuals employed or engaged in the provision of the Services. The Seller shall indemnify co-operate with the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made or brought by any employee, worker, officer or agent of to ensure compliance with the Buyer who is not a Staff Member and which arises or is alleged to arise out of any act of omission of a Staff Member and/or the Seller (or any of its agents or subcontractors)Construction Industry Tax Scheme so far as applicable. 12.4 5.13 The Seller shall indemnify promptly on the Buyer's request fully and accurately disclose to the Buyer against any costs, expenses, liabilities, damages such details concerning the individuals employed or engaged in the provision of the Services and/or their terms and losses arising out conditions of any claim, demand, action or proceeding made, be it civil or criminal, and brought by any government agency or regulatory body, including but not limited to the Health and Safety Executive, which arises or is alleged to arise out of any act of omission of a Staff Member, and/or the Seller (or any of its agents or subcontractors). The indemnity in this paragraph 12.4 shall not apply to the amount of any fine paid by employment/engagement as the Buyer but shall include all costs, expenses, liabilities, damages and losses arising out of the claim, demand, action or proceeding which gave rise may require time to the finetime. 12.5 The Seller shall indemnify the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made or brought by any Staff Member which arises or is alleged to arises as a result of his asserting that he is or was an employee or worker of the Buyer. 12.6 5.14 The Seller shall indemnify the Buyer for itself and any future provider of goods and/or services to the Buyer against all and any costs, expenses, liabilities, damages and losses arising out of any claim, action, demand or proceeding which arises or is alleged to arise by virtue of the operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 in connection with the termination of this Contract Agreement or the termination of the provision of any of the Services (including without limitation in relation to any dismissal or alleged dismissal of any Staff Member individual employed or former Staff Memberengaged or formerly employed or engaged in the provision of the Services).

EMPLOYMENT OF PERSONS. 12.1 11.1 Nothing in this Contract shall be taken to mean that Staff Member is an employee, worker, officer or agent of the Buyer. The Seller shall be solely responsible for all matters relating to the employment or engagement of such individuals including compliance with all applicable laws. The Seller will be responsible for all income tax, national employee insurance contributions or social security charges or similar statutory payments in relation to all such Staff Members and ensure that they are deducted and/or paid to the relevant authorities and/or such individuals (as the case may be). 12.2 11.2 The Seller shall indemnify the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made or brought by any Staff Member which arises or is alleged to arise out of any act of omission of the Seller (or any of its agents or subcontractors). The Seller shall further indemnify the Buyer for any liability for income tax, national employee insurance contributions and/or social security charges or similar statutory payments (or penalties or interests thereon) which may be found due from the Buyer in respect of Staff Member. 12.3 11.3 The Seller shall indemnify the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made or brought by any employee, worker, officer or agent of the Buyer who is not a Staff Member and which arises or is alleged to arise out of any act of omission of a Staff Member and/or the Seller (or any of its agents or subcontractors). 12.4 11.4 The Seller shall indemnify the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made, be it civil or criminal, and brought by any government agency or regulatory body, including but not limited to the Health and Safety Executive, which arises or is alleged to arise out of any act of omission of a Staff Member, and/or the Seller (or any of its agents or subcontractors). The indemnity in this paragraph 12.4 shall not apply to the amount of any fine paid by the Buyer but shall include all costs, expenses, liabilities, damages and losses arising out of the claim, demand, action or proceeding which gave rise to the fine. 12.5 11.5 The Seller shall indemnify the Buyer against any costs, expenses, liabilities, damages and losses arising out of any claim, demand, action or proceeding made or brought by any Staff Member which arises or is alleged to arises as a result of his asserting that he is or was an employee or worker of the Buyer. 12.6 11.6 The Seller shall indemnify the Buyer for itself and any future provider of goods and/or services to the Buyer against all and any costs, expenses, liabilities, damages and losses arising out of any claim, action, demand or proceeding which arises or is alleged to arise by virtue of the operation of the Transfer rules on transfer of Undertakings undertaking incorporated in the Finnish Employment Contracts Act (Protection of Employment55/2001, as amended) Regulations 2006 in connection with the termination of this Contract or the termination of the provision of any of the Services (including without limitation in relation to any dismissal or alleged dismissal of any Staff Member or former Staff Member).