Common use of LABOUR CLAUSE Clause in Contracts

LABOUR CLAUSE. The Provider must ensure that workers employed in Denmark by the Provider and any subcontractors who contribute to the performance of the Contract are secured pay (including special allowances), hours of work and other working conditions which are not less favourable than those established for work of the same nature under a collective agreement entered into by the most representative organisations of workers and employers in Denmark in the trade or industry concerned being in force throughout the Danish territory, cf. Circular No. 9471 of 30 June 2014 on Labour Clauses in Public Contracts. If the Provider has a duty of notification to the Register of Foreign Service Providers (RUT), the Provider must submit documentation of notification to the Customer no later than at the commencement of the work. The Provider must ensure that workers employed by the Provider and any subcontractors are informed about the applicable working conditions. The Provider has the burden of proving that the provisions of the labour clause are complied with, and the Customer may at any time demand submission of relevant documentation thereof. The documentation must reach the Customer no later than five working days after submission of the Customer’s demand. Any fundamental violation or repeated violations of the labour clause will be deemed to be a fundamental breach that entitles the Customer to terminate the Contract. In the event of the Provider violating the labour clause, the Customer may also withhold payment to allow for legitimate claims up to the level of the labour clause for the Providers or its subcontractors’ employees.