Common use of Supplier and Supplier Personnel Clause in Contracts

Supplier and Supplier Personnel. Subsection entitled: Compliance with Danish Labor regulations The Supplier shall comply with, when applicable, and ensure any of its foreign subcontractors shall comply with, the Act on Posting Workers (in Danish “Lovbkg. udstationering af udenlandske medarbejdere, 2014-04-03, nr. 432” as amended from time to time) including but not limited to compliance with the following obligations: • -report the posting of workers to the Danish occupational safety and health authorities before the work begins • -comply with the minimum employment conditions on posted workers in the Danish legislation • -ensure the right to work of posted workers in Denmark • -keep available in writing during the posting i) identifying information of the posting company and contact information on the responsible persons in the country where the company is established, ii) identifying information on the posted workers, iii) a statement of the employment conditions applicable on the employment contract of the posted workers, iv) a statement on the grounds for the posted workers´ right to work and v) working hours register, payment calculations and a receipt issued by a finance institute on paid wages • -comply with the provisions on minimum wages • -comply with the provisions on working hours, annual holidays and family leaves • -comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety • -keep record of the annual holidays • -arrange statutory occupational health service in Denmark – • -take out accident insurance for the duration of the posting • -ensure the occupational safety of the employees • -with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working • -comply with the taxation legislation arriving in Denmark from overseas. Amendments for Finland The following terms and conditions apply to transactions performed entirely within Finland only and amend the other provisions of this PO to bring the conduct of the parties' transactions into conformity with local law and practice. Data Privacy In addition to the parties obligations under the PO regarding confidentiality or any disclosure/nondisclosure agreements, where under this PO Buyer discloses information relating to an identified or identifiable individual, partnership, corporation or other entity ('Personal Data') Supplier will apply appropriate technical and organizational security measures to protect Personal Data against destruction, loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. Supplier represents and warrants: (i) that it will comply with applicable data protection laws and regulations (including any requirement for notification to, or registration with, country data protection authorities), and (ii) that it will only access, use, manage, disclose to third parties, transfer overseas or otherwise process Personal Data in accordance with Buyer’s instructions. Buyer generally instructs Supplier to process Personal Data to the extent necessary to perform this PO. Supplier will promptly assist Buyer in responding to requests to allow access to, correct, block, suppress or delete any Personal Data, including providing Buyer with a copy of all relevant Personal Data in tangible form. Supplier will not transfer any Personal Data out of any country having data protection laws and/or regulations restricting transfers of Personal Data without Buyer’s consent to the transfer in writing. Buyer may, upon reasonable notice, audit and verify Supplier’s compliance with the provisions of this Section. On termination of this PO Supplier shall, at Buyer’s request, promptly return or erase all Personal Data stored in its internal systems. The following provisions are added to the “Supplier and Supplier Personnel” clause of the PO: Where Supplier intends to use Supplier Personnel and/or subcontractors who are deemed posted workers (as defined in EC Posted Worker Directive 96/71/EC and/or any related or derived EC or national legislation) or temporary agency workers (as defined in EC Directive 08/104/EC, and/or any related or derived EC or national legislation) (together hereinafter “Posted Workers”) for the provision of Services to Buyer and/or to Buyer’s Customer(s), the Supplier will, prior to each Posted Worker commencing work in the country they are posted to, inform Xxxxx and provide to Buyer all statutorily required information, as well as evidence of compliance with the above- mentioned legislation. The Supplier warrants that the information provided is at all times correct, accurate, and up to date, and the Supplier agrees to provide updated information to the Buyer immediately at any time upon Xxxxx´s request. Should the Supplier’s, or the Supplier’s subcontractor’s, breach of this provision cause the Buyer or its personnel to be held liable or to be fined, the Supplier shall indemnify the Buyer and its personnel against all claims and/or fines that arise or are alleged to have arisen as a result of such breach. Notwithstanding anything to the contrary in this PO, Xxxxx may terminate this PO, any SOWs and/or WAs immediately for Cause in case of a breach of this provision or when Buyer reasonably believes such a breach has occurred or is likely to occur. In addition to this, the Buyer may request the immediate removal of Posted Workers from assignment under this PO. The Buyer hereby notifies the Supplier that the authority supervising compliance with the Act on Posting Workers and advising in relation to compliance with the Act on Posting Workers is the Occupational Safety and Health Administration. The Buyer will notify the Supplier in writing of any changes to the identity of the supervising authority. Subsection entitled: Compliance with Finnish Labor regulations The Supplier shall comply with, when applicable, and ensure any of its foreign subcontractors shall comply with, the Act on Posting Workers (in Finnish “Laki työntekijöiden lähettämisestä”, 447/2016 as amended from time to time) including but not limited to compliance with the following obligations: • -report the posting of workers to the Finnish occupational safety and health authorities before the work begins (in force 2017) • -comply with the minimum employment conditions on posted workers in the Finnish legislation • -select a representative for the company in Finland who is available during the duration of the posting and, on the request of the authorities, assist in reaching the representative • -ensure the right to work of posted workers in Finland • -keep available in writing during the posting i) identifying information of the posting company and contact information on the responsible persons in the country where the company is established, ii) identifying information on the posted workers, iii) a statement of the employment conditions applicable on the employment contract of the posted workers, iv) a statement on the grounds for the posted workers´ right to work and v) working hours register, payment calculations and a receipt issued by a finance institute on paid wages • -comply with the provisions on minimum wages • -comply with the provisions on working hours, annual holidays and family leaves • -comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety • -keep a working hours register, a driver´s logbook and draw up working schedules and when average working hours are applied an working hours adjustment system • -keep record of the annual holidays • -arrange statutory occupational health service in Finland • -take out accident insurance for the duration of the posting • -ensure the occupational safety of the employees • -with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working • -ensure that the workers on the construction site carry photo ID:s showing the tax number of the public tax number register • -comply with the taxation legislation arriving in Finland from overseas.

Appears in 3 contracts

Samples: www.kyndryl.com, www.kyndryl.com, www.kyndryl.com

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Supplier and Supplier Personnel. Subsection entitled: Compliance with Danish Labor regulations The Supplier shall comply with, when applicable, and ensure any of its foreign subcontractors shall comply with, the Act on Posting Workers (in Danish “Lovbkg. udstationering af udenlandske medarbejdere, 2014-04-03, nr. 432” as amended from time to time) including but not limited to compliance with the following obligations: -report the posting of workers to the Danish occupational safety and health authorities before the work begins -comply with the minimum employment conditions on posted workers in the Danish legislation (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted- worker/applicable-legislation)  -ensure the right to work of posted workers in Denmark (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/right-to-work)  -keep available in writing during the posting i) identifying information of the posting company and contact information on the responsible persons in the country where the company is established, ii) identifying information on the posted workers, iii) a statement of the employment conditions applicable on the employment contract of the posted workers, iv) a statement on the grounds for the posted workers´ right to work and v) working hours register, payment calculations and a receipt issued by a finance institute on paid wages (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/employers- representative)  -comply with the provisions on minimum wages (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/pay-in-finland)  -comply with the provisions on working hours, annual holidays and family leaves (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/working-hours)  -comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety – same link as above  -keep record of the annual holidays (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment- relationship/annual-holidays)  -arrange statutory occupational health service in Denmark – (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/occupational- health-care)  -take out accident insurance for the duration of the posting (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/accident- insurance)  -ensure the occupational safety of the employees (xxxxx://xxx.xxxxxxxxxx.xx/web/en/working- conditions)  -with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/employers- representative)  -comply with the taxation legislation arriving in Denmark from overseas. (xxxxx://xxx.xxxx.xx/en/individuals/) Amendments for Finland The following terms and conditions apply to transactions performed entirely within Finland only and amend the other provisions of this PO to bring the conduct of the parties' transactions into conformity with local law and practice. Data Privacy In addition to the parties obligations under the PO regarding confidentiality or any disclosure/nondisclosure agreements, where under this PO Buyer discloses information relating to an identified or identifiable individual, partnership, corporation or other entity ('Personal Data') Supplier will apply appropriate technical and organizational security measures to protect Personal Data against destruction, loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. Supplier represents and warrants: (i) that it will comply with applicable data protection laws and regulations (including any requirement for notification to, or registration with, country data protection authorities), and (ii) that it will only access, use, manage, disclose to third parties, transfer overseas or otherwise process Personal Data in accordance with Buyer’s instructions. Buyer generally instructs Supplier to process Personal Data to the extent necessary to perform this PO. Supplier will promptly assist Buyer in responding to requests to allow access to, correct, block, suppress or delete any Personal Data, including providing Buyer with a copy of all relevant Personal Data in tangible form. Supplier will not transfer any Personal Data out of any country having data protection laws and/or regulations restricting transfers of Personal Data without Buyer’s consent to the transfer in writing. Buyer may, upon reasonable notice, audit and verify Supplier’s compliance with the provisions of this Section. On termination of this PO Supplier shall, at Buyer’s request, promptly return or erase all Personal Data stored in its internal systems. The following provisions are added to the “Supplier and Supplier Personnel” clause of the PO: Where Supplier intends to use Supplier Personnel and/or subcontractors who are deemed posted workers (as defined in EC Posted Worker Directive 96/71/EC and/or any related or derived EC or national legislation) or temporary agency workers (as defined in EC Directive 08/104/EC, and/or any related or derived EC or national legislation) (together hereinafter “Posted Workers”) for the provision of Services to Buyer and/or to Buyer’s Customer(s), the Supplier will, prior to each Posted Worker commencing work in the country they are posted to, inform Xxxxx and provide to Buyer all statutorily required information, as well as evidence of compliance with the above- mentioned legislation. The Supplier warrants that the information provided is at all times correct, accurate, and up to date, and the Supplier agrees to provide updated information to the Buyer immediately at any time upon Xxxxx´s request. Should the Supplier’s, or the Supplier’s subcontractor’s, breach of this provision cause the Buyer or its personnel to be held liable or to be fined, the Supplier shall indemnify the Buyer and its personnel against all claims and/or fines that arise or are alleged to have arisen as a result of such breach. Notwithstanding anything to the contrary in this PO, Xxxxx may terminate this PO, any SOWs and/or WAs immediately for Cause in case of a breach of this provision or when Buyer reasonably believes such a breach has occurred or is likely to occur. In addition to this, the Buyer may request the immediate removal of Posted Workers from assignment under this PO. The Buyer hereby notifies the Supplier that the authority supervising compliance with the Act on Posting Workers and advising in relation to compliance with the Act on Posting Workers is the Occupational Safety and Health Administration. The Buyer will notify the Supplier in writing of any changes to the identity of the supervising authority. Subsection entitled: Compliance with Finnish Labor regulations The Supplier shall comply with, when applicable, and ensure any of its foreign subcontractors shall comply with, the Act on Posting Workers (in Finnish “Laki työntekijöiden lähettämisestä”, 447/2016 as amended from time to time) including but not limited to compliance with the following obligations: • -report the posting of workers to the Finnish occupational safety and health authorities before the work begins (in force 2017) • -comply with the minimum employment conditions on posted workers in the Finnish legislation • -select a representative for the company in Finland who is available during the duration of the posting and, on the request of the authorities, assist in reaching the representative • -ensure the right to work of posted workers in Finland • -keep available in writing during the posting i) identifying information of the posting company and contact information on the responsible persons in the country where the company is established, ii) identifying information on the posted workers, iii) a statement of the employment conditions applicable on the employment contract of the posted workers, iv) a statement on the grounds for the posted workers´ right to work and v) working hours register, payment calculations and a receipt issued by a finance institute on paid wages • -comply with the provisions on minimum wages • -comply with the provisions on working hours, annual holidays and family leaves • -comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety • -keep a working hours register, a driver´s logbook and draw up working schedules and when average working hours are applied an working hours adjustment system • -keep record of the annual holidays • -arrange statutory occupational health service in Finland • -take out accident insurance for the duration of the posting • -ensure the occupational safety of the employees • -with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working • -ensure that the workers on the construction site carry photo ID:s showing the tax number of the public tax number register • -comply with the taxation legislation arriving in Finland from overseas.

Appears in 1 contract

Samples: www-03.ibm.com

Supplier and Supplier Personnel. Subsection entitled: Compliance with Danish Labor regulations The Supplier shall comply with, when applicable, and ensure any of its foreign subcontractors shall comply with, the Act on Posting Workers (in Danish “Lovbkg. udstationering af udenlandske medarbejdere, 2014-04-03, nr. 432” as amended from time to time) including but not limited to compliance with the following obligations: • -report the posting of workers to the Danish occupational safety and health authorities before the work begins • -comply with the minimum employment conditions on posted workers in the Danish legislation (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment- relationship/postedworker/applicable-legislation) • -ensure the right to work of posted workers in Denmark (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/right-to-work) • -keep available in writing during the posting i) identifying information of the posting company and contact information on the responsible persons in the country where the company is established, ii) identifying information on the posted workers, iii) a statement of the employment conditions applicable on the employment contract of the posted workers, iv) a statement on the grounds for the posted workers´ right to work and v) working hours register, payment calculations and a receipt issued by a finance institute on paid wages (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted- worker/employersrepresentative) • -comply with the provisions on minimum wages (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/pay-in-finland) • -comply with the provisions on working hours, annual holidays and family leaves (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/working-hours) • -comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety – same link as above • -keep record of the annual holidays (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employmentrelationship/annual-holidays) • -arrange statutory occupational health service in Denmark – (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted- worker/occupationalhealth-care) • -take out accident insurance for the duration of the posting (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted- worker/accidentinsurance) • -ensure the occupational safety of the employees (xxxxx://xxx.xxxxxxxxxx.xx/web/en/workingconditions) • -with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted- worker/employersrepresentative) • -comply with the taxation legislation arriving in Denmark from overseas. (xxxxx://xxx.xxxx.xx/en/individuals/) Amendments for Finland The following terms and conditions apply to transactions performed entirely within Finland only and amend the other provisions of this PO to bring the conduct of the parties' transactions into conformity with local law and practice. Data Privacy In addition to the parties obligations under the PO regarding confidentiality or any disclosure/nondisclosure agreements, where under this PO Buyer discloses information relating to an identified or identifiable individual, partnership, corporation or other entity ('Personal Data') Supplier will apply appropriate technical and organizational security measures to protect Personal Data against destruction, loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. Supplier represents and warrants: (i) that it will comply with applicable data protection laws and regulations (including any requirement for notification to, or registration with, country data protection authorities), and (ii) that it will only access, use, manage, disclose to third parties, transfer overseas or otherwise process Personal Data in accordance with Buyer’s instructions. Buyer generally instructs Supplier to process Personal Data to the extent necessary to perform this PO. Supplier will promptly assist Buyer in responding to requests to allow access to, correct, block, suppress or delete any Personal Data, including providing Buyer with a copy of all relevant Personal Data in tangible form. Supplier will not transfer any Personal Data out of any country having data protection laws and/or regulations restricting transfers of Personal Data without Buyer’s consent to the transfer in writing. Buyer may, upon reasonable notice, audit and verify Supplier’s compliance with the provisions of this Section. On termination of this PO Supplier shall, at Buyer’s request, promptly return or erase all Personal Data stored in its internal systems. The following provisions are added to the “Supplier and Supplier Personnel” clause of the PO: Where Supplier intends to use Supplier Personnel and/or subcontractors who are deemed posted workers (as defined in EC Posted Worker Directive 96/71/EC and/or any related or derived EC or national legislation) or temporary agency workers (as defined in EC Directive 08/104/EC, and/or any related or derived EC or national legislation) (together hereinafter “Posted Workers”) for the provision of Services to Buyer and/or to Buyer’s Customer(s), the Supplier will, prior to each Posted Worker commencing work in the country they are posted to, inform Xxxxx and provide to Buyer all statutorily required information, as well as evidence of compliance with the above- mentioned legislation. The Supplier warrants that the information provided is at all times correct, accurate, and up to date, and the Supplier agrees to provide updated information to the Buyer immediately at any time upon Xxxxx´s request. Should the Supplier’s, or the Supplier’s subcontractor’s, breach of this provision cause the Buyer or its personnel to be held liable or to be fined, the Supplier shall indemnify the Buyer and its personnel against all claims and/or fines that arise or are alleged to have arisen as a result of such breach. Notwithstanding anything to the contrary in this PO, Xxxxx may terminate this PO, any SOWs and/or WAs immediately for Cause in case of a breach of this provision or when Buyer reasonably believes such a breach has occurred or is likely to occur. In addition to this, the Buyer may request the immediate removal of Posted Workers from assignment under this PO. The Buyer hereby notifies the Supplier that the authority supervising compliance with the Act on Posting Workers and advising in relation to compliance with the Act on Posting Workers is the Occupational Safety and Health Administration. The Buyer will notify the Supplier in writing of any changes to the identity of the supervising authority. Subsection entitled: Compliance with Finnish Labor regulations The Supplier shall comply with, when applicable, and ensure any of its foreign subcontractors shall comply with, the Act on Posting Workers (in Finnish “Laki työntekijöiden lähettämisestä”, 447/2016 as amended from time to time) including but not limited to compliance with the following obligations: • -report the posting of workers to the Finnish occupational safety and health authorities before the work begins (in force 2017) • -comply with the minimum employment conditions on posted workers in the Finnish legislation • -select a representative for the company in Finland who is available during the duration of the posting and, on the request of the authorities, assist in reaching the representative • -ensure the right to work of posted workers in Finland • -keep available in writing during the posting i) identifying information of the posting company and contact information on the responsible persons in the country where the company is established, ii) identifying information on the posted workers, iii) a statement of the employment conditions applicable on the employment contract of the posted workers, iv) a statement on the grounds for the posted workers´ right to work and v) working hours register, payment calculations and a receipt issued by a finance institute on paid wages • -comply with the provisions on minimum wages • -comply with the provisions on working hours, annual holidays and family leaves • -comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety • -keep a working hours register, a driver´s logbook and draw up working schedules and when average working hours are applied an working hours adjustment system • -keep record of the annual holidays • -arrange statutory occupational health service in Finland • -take out accident insurance for the duration of the posting • -ensure the occupational safety of the employees • -with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working • -ensure that the workers on the construction site carry photo ID:s showing the tax number of the public tax number register • -comply with the taxation legislation arriving in Finland from overseas.

Appears in 1 contract

Samples: www.kyndryl.com

Supplier and Supplier Personnel. Subsection entitled: Compliance with Danish Labor regulations The Supplier shall comply with, when applicable, and ensure any of its foreign subcontractors shall comply with, the Act on Posting Workers (in Danish “Lovbkg. udstationering af udenlandske medarbejdere, 2014-04-03, nr. 432” as amended from time to time) including but not limited to compliance with the following obligations: • -report the posting of workers to the Danish occupational safety and health authorities before the work begins • -comply with the minimum employment conditions on posted workers in the Danish legislation (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/postedworker/applicable-legislation) • -ensure the right to work of posted workers in Denmark (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/right-to-work) • -keep available in writing during the posting i) identifying information of the posting company and contact information on the responsible persons in the country where the company is established, ii) identifying information on the posted workers, iii) a statement of the employment conditions applicable on the employment contract of the posted workers, iv) a statement on the grounds for the posted workers´ right to work and v) working hours register, payment calculations and a receipt issued by a finance institute on paid wages (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted- worker/employersrepresentative) • -comply with the provisions on minimum wages (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/pay-in-finland) • -comply with the provisions on working hours, annual holidays and family leaves (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/working-hours) • -comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety – same link as above • -keep record of the annual holidays (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employmentrelationship/annual-holidays) • -arrange statutory occupational health service in Denmark – (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/occupationalhealth-care) • -take out accident insurance for the duration of the posting (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/accidentinsurance) • -ensure the occupational safety of the employees (xxxxx://xxx.xxxxxxxxxx.xx/web/en/workingconditions) • -with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working (xxxxx://xxx.xxxxxxxxxx.xx/web/en/employment-relationship/posted-worker/employersrepresentative) • -comply with the taxation legislation arriving in Denmark from overseas. (xxxxx://xxx.xxxx.xx/en/individuals/) Amendments for Finland The following terms and conditions apply to transactions performed entirely within Finland only and amend the other provisions of this PO to bring the conduct of the parties' transactions into conformity with local law and practice. Data Privacy In addition to the parties obligations under the PO regarding confidentiality or any disclosure/nondisclosure agreements, where under this PO Buyer discloses information relating to an identified or identifiable individual, partnership, corporation or other entity ('Personal Data') Supplier will apply appropriate technical and organizational security measures to protect Personal Data against destruction, loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. Supplier represents and warrants: (i) that it will comply with applicable data protection laws and regulations (including any requirement for notification to, or registration with, country data protection authorities), and (ii) that it will only access, use, manage, disclose to third parties, transfer overseas or otherwise process Personal Data in accordance with Buyer’s instructions. Buyer generally instructs Supplier to process Personal Data to the extent necessary to perform this PO. Supplier will promptly assist Buyer in responding to requests to allow access to, correct, block, suppress or delete any Personal Data, including providing Buyer with a copy of all relevant Personal Data in tangible form. Supplier will not transfer any Personal Data out of any country having data protection laws and/or regulations restricting transfers of Personal Data without Buyer’s consent to the transfer in writing. Buyer may, upon reasonable notice, audit and verify Supplier’s compliance with the provisions of this Section. On termination of this PO Supplier shall, at Buyer’s request, promptly return or erase all Personal Data stored in its internal systems. The following provisions are added to the “Supplier and Supplier Personnel” clause of the PO: Where Supplier intends to use Supplier Personnel and/or subcontractors who are deemed posted workers (as defined in EC Posted Worker Directive 96/71/EC and/or any related or derived EC or national legislation) or temporary agency workers (as defined in EC Directive 08/104/EC, and/or any related or derived EC or national legislation) (together hereinafter “Posted Workers”) for the provision of Services to Buyer and/or to Buyer’s Customer(s), the Supplier will, prior to each Posted Worker commencing work in the country they are posted to, inform Xxxxx and provide to Buyer all statutorily required information, as well as evidence of compliance with the above- mentioned legislation. The Supplier warrants that the information provided is at all times correct, accurate, and up to date, and the Supplier agrees to provide updated information to the Buyer immediately at any time upon Xxxxx´s request. Should the Supplier’s, or the Supplier’s subcontractor’s, breach of this provision cause the Buyer or its personnel to be held liable or to be fined, the Supplier shall indemnify the Buyer and its personnel against all claims and/or fines that arise or are alleged to have arisen as a result of such breach. Notwithstanding anything to the contrary in this PO, Xxxxx may terminate this PO, any SOWs and/or WAs immediately for Cause in case of a breach of this provision or when Buyer reasonably believes such a breach has occurred or is likely to occur. In addition to this, the Buyer may request the immediate removal of Posted Workers from assignment under this PO. The Buyer hereby notifies the Supplier that the authority supervising compliance with the Act on Posting Workers and advising in relation to compliance with the Act on Posting Workers is the Occupational Safety and Health Administration. The Buyer will notify the Supplier in writing of any changes to the identity of the supervising authority. Subsection entitled: Compliance with Finnish Labor regulations The Supplier shall comply with, when applicable, and ensure any of its foreign subcontractors shall comply with, the Act on Posting Workers (in Finnish “Laki työntekijöiden lähettämisestä”, 447/2016 as amended from time to time) including but not limited to compliance with the following obligations: • -report the posting of workers to the Finnish occupational safety and health authorities before the work begins (in force 2017) • -comply with the minimum employment conditions on posted workers in the Finnish legislation • -select a representative for the company in Finland who is available during the duration of the posting and, on the request of the authorities, assist in reaching the representative • -ensure the right to work of posted workers in Finland • -keep available in writing during the posting i) identifying information of the posting company and contact information on the responsible persons in the country where the company is established, ii) identifying information on the posted workers, iii) a statement of the employment conditions applicable on the employment contract of the posted workers, iv) a statement on the grounds for the posted workers´ right to work and v) working hours register, payment calculations and a receipt issued by a finance institute on paid wages • -comply with the provisions on minimum wages • -comply with the provisions on working hours, annual holidays and family leaves • -comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety • -keep a working hours register, a driver´s logbook and draw up working schedules and when average working hours are applied an working hours adjustment system • -keep record of the annual holidays • -arrange statutory occupational health service in Finland • -take out accident insurance for the duration of the posting • -ensure the occupational safety of the employees • -with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working • -ensure that the workers on the construction site carry photo ID:s showing the tax number of the public tax number register • -comply with the taxation legislation arriving in Finland from overseas.

Appears in 1 contract

Samples: www.kyndryl.com

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Supplier and Supplier Personnel. Subsection entitled: Compliance with Danish Labor regulations The Supplier shall comply with, when applicable, and ensure any of its foreign subcontractors shall comply with, the Act on Posting Workers (in Danish “Lovbkg. udstationering af udenlandske medarbejdere, 2014-04-03, nr. 432” as amended from time to time) including but not limited to compliance with the following obligations: • -report the posting of workers to the Danish occupational safety and health authorities before the work begins • -comply with the minimum employment conditions on posted workers in the Danish legislation • -ensure the right to work of posted workers in Denmark Denmark‌ • -keep available in writing during the posting i) identifying information of the posting company and contact information on the responsible persons in the country where the company is established, ii) identifying information on the posted workers, iii) a statement of the employment conditions applicable on the employment contract of the posted workers, iv) a statement on the grounds for the posted workers´ right to work and v) working hours register, payment calculations and a receipt issued by a finance institute on paid wages • -comply with the provisions on minimum wages • -comply with the provisions on working hours, annual holidays and family leaves leaves‌ • -comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety • -keep record of the annual holidays holidays‌ • -arrange statutory occupational health service in Denmark – • -take out accident insurance for the duration of the posting • -ensure the occupational safety of the employees employees‌ • -with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working • -comply with the taxation legislation arriving in Denmark from overseas. Amendments for Finland The following terms and conditions apply to transactions performed entirely within Finland only and amend the other provisions of this PO to bring the conduct of the parties' transactions into conformity with local law and practice. Data Privacy In addition to the parties obligations under the PO regarding confidentiality or any disclosure/nondisclosure agreements, where under this PO Buyer discloses information relating to an identified or identifiable individual, partnership, corporation or other entity ('Personal Data') Supplier will apply appropriate technical and organizational security measures to protect Personal Data against destruction, loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. Supplier represents and warrants: (i) that it will comply with applicable data protection laws and regulations (including any requirement for notification to, or registration with, country data protection authorities), and (ii) that it will only access, use, manage, disclose to third parties, transfer overseas or otherwise process Personal Data in accordance with Buyer’s instructions. Buyer generally instructs Supplier to process Personal Data to the extent necessary to perform this PO. Supplier will promptly assist Buyer in responding to requests to allow access to, correct, block, suppress or delete any Personal Data, including providing Buyer with a copy of all relevant Personal Data in tangible form. Supplier will not transfer any Personal Data out of any country having data protection laws and/or regulations restricting transfers of Personal Data without Buyer’s consent to the transfer in writing. Buyer may, upon reasonable notice, audit and verify Supplier’s compliance with the provisions of this Section. On termination of this PO Supplier shall, at Buyer’s request, promptly return or erase all Personal Data stored in its internal systems. The following provisions are added to the “Supplier and Supplier Personnel” clause of the PO: Where Supplier intends to use Supplier Personnel and/or subcontractors who are deemed posted workers (as defined in EC Posted Worker Directive 96/71/EC and/or any related or derived EC or national legislation) or temporary agency workers (as defined in EC Directive 08/104/EC, and/or any related or derived EC or national legislation) (together hereinafter “Posted Workers”) for the provision of Services to Buyer and/or to Buyer’s Customer(s), the Supplier will, prior to each Posted Worker commencing work in the country they are posted to, inform Xxxxx and provide to Buyer all statutorily required information, as well as evidence of compliance with the above- mentioned legislation. The Supplier warrants that the information provided is at all times correct, accurate, and up to date, and the Supplier agrees to provide updated information to the Buyer immediately at any time upon Xxxxx´s request. Should the Supplier’s, or the Supplier’s subcontractor’s, breach of this provision cause the Buyer or its personnel to be held liable or to be fined, the Supplier shall indemnify the Buyer and its personnel against all claims and/or fines that arise or are alleged to have arisen as a result of such breach. Notwithstanding anything to the contrary in this PO, Xxxxx may terminate this PO, any SOWs and/or WAs immediately for Cause in case of a breach of this provision or when Buyer reasonably believes such a breach has occurred or is likely to occur. In addition to this, the Buyer may request the immediate removal of Posted Workers from assignment under this PO. The Buyer hereby notifies the Supplier that the authority supervising compliance with the Act on Posting Workers and advising in relation to compliance with the Act on Posting Workers is the Occupational Safety and Health Administration. The Buyer will notify the Supplier in writing of any changes to the identity of the supervising authority. Subsection entitled: Compliance with Finnish Labor regulations The Supplier shall comply with, when applicable, and ensure any of its foreign subcontractors shall comply with, the Act on Posting Workers (in Finnish “Laki työntekijöiden lähettämisestä”, 447/2016 as amended from time to time) including but not limited to compliance with the following obligations: • -report the posting of workers to the Finnish occupational safety and health authorities before the work begins (in force 2017) • -comply with the minimum employment conditions on posted workers in the Finnish legislation • -select a representative for the company in Finland who is available during the duration of the posting and, on the request of the authorities, assist in reaching the representative • -ensure the right to work of posted workers in Finland • -keep available in writing during the posting i) identifying information of the posting company and contact information on the responsible persons in the country where the company is established, ii) identifying information on the posted workers, iii) a statement of the employment conditions applicable on the employment contract of the posted workers, iv) a statement on the grounds for the posted workers´ right to work and v) working hours register, payment calculations and a receipt issued by a finance institute on paid wages • -comply with the provisions on minimum wages • -comply with the provisions on working hours, annual holidays and family leaves • -comply with the provisions in the collective agreement on working hours, annual holidays and occupational safety • -keep a working hours register, a driver´s logbook and draw up working schedules and when average working hours are applied an working hours adjustment system • -keep record of the annual holidays • -arrange statutory occupational health service in Finland • -take out accident insurance for the duration of the posting • -ensure the occupational safety of the employees • -with the consent of the employee give the personnel representatives the information on the employment conditions applicable on the employment contract working • -ensure that the workers on the construction site carry photo ID:s showing the tax number of the public tax number register • -comply with the taxation legislation arriving in Finland from overseas.

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