GTC Service provider
GENERAL TERMS & CONDITIONS
(As applicable to the Agreement with Service Providers)
1. Definitions GENERAL TERMS & CONDITIONS (As applicable to the Agreement with Service Providers) Unless the context otherwise requires, capitalized terms in the Agreement shall have the following meaning: Company shall mean Trident Global Corp Limited having its Registered Office at Trident Group, Sanghera - 148101, India. Agreement shall have the meaning ascribed to it in Clause 2 below; Employee(s) shall mean Employee(s)/Workmen employed by Service Provider Company and Service Provider are each individually referred to as a “Party” and collectively as the “Parties”.
2. Applicability These General terms and conditions (hereinafter referred to as “SP GTC”) shall apply to and be considered as an integral part of all agreements entered by the Company with any of its Service Provider(“Agreement”).
3. Statutory compliances The Service Provider shall be solely liable for Statutory Compliance in respect of all applicable laws of land (as amended/replaced from time to time) which inter alia includes Central/State Labour laws and Regulations/Rules made thereunder including but not limited to Compliance of provisions of Minimum Wages, Provident Fund, ESI, Bonus, Gratuity, Factories Act, Contract Labor (Abolition and Regulation) Act etc.
The Service Provider shall be solely responsible for maintenance of records and filing of various forms/ returns prescribed under all applicable Central/State Labour laws and Regulations/Rules made thereunder in respect of Workmen employed by it.
The Service Provider must obtain a valid license issued by the competent designated statutory authority, under the Contract Labour (R&A) Act and the Rules framed there under. The Service Provider shall provide certificate regarding compliances on monthly basis to the satisfaction of Company.
4. General obligations of Service Provider The Service Provider shall be responsible for ensuring the following:
I. Employees are trained and competent.
II. Employees are physically and medically fit for the assignment and are also not suffering from any chronic or contagious disease.
III. Attrition rate of Workmen employed by Service Provider does not exceed 3% on an monthly basis. In case the attrition rate exceeds 3% per month, a penalty equivalent to 3 months salary shall be payable by Service provider to the Company in respect of each employee leaving service of Service Provider after the permissible limit of 3%.
IV. Employee(s) are not addicted to any kind of tobacco, Liquor, smoking, drugs, etc and they do not consume liquor, non-vegetarian food, tobacco or smoke while they are on duty or are in premises of the Company.
V. Give 90 days’ notice before removing any of its Employees and arranging the adequate replacement before such removal or shall pay 3 months’ pay in lieu of that but these removals should be with in prescribed limit of 3% turnover.
VI. Adequate Insurance Cover is taken in respect of all Employees deputed to cover risk arising out of personal accidents(s) including compensation payable for temporary / total / partial disablement death, in case the employee is out of the scope of ESI Act.
VII. Maintenance of Complete database of Employees, including personal details, photographs, along with documentary proof of age, police verification, permanent residential address etc.
VIII. Ensure that no Employees below the age of eighteen years is employed.
IX. Employees are working on a voluntary basis without any use of threat or force. X. There shall be no discrimination of any kind between Employee on account of caste, religion, creed, colour, origin, gender and similar factors.
XI. Maintenance of Attendance Record of all Employees. Record of salary/wages paid, deductions, provident fund, ESI, bonus, gratuity, Leaves allowed, unpaid wages etc. is also maintained.
XII. The Service Provider shall give leave/holidays to his workman as per the provisions of labour laws applicable in the State.
XIII. Monthly declaration that all statutory compliances including payment of wages/overtime wages have been made in the stipulated time.
XIV. Service Provider and/or its Employees does not use the name of Company in any manner whatsoever either for credit arrangements or otherwise. It is agreed that the Company shall not in any way be responsible for the debts, liabilities or obligations of the Service Provider and/or any of its Employees.
XV. Service Provider shall be solely responsible for compliance with all Central/State/Local laws of India and rules/regulations made thereunder. Service Provider further agrees to prove to Company, upon request, compliance with laws, rules and regulations in such form as Company designates. Company may at sole expense of Service Provider perform any Social Audit to ensure that the Service Provider adheres to and complies with its obligations under the law.
XVI. Ensure that its Employees while on the premises of the Company or while carrying out their obligations under the , observes the standard of the cleanliness, decorum, safety and general discipline laid down by the Company or its authorized agents and the Company shall be the sole judge as to whether or not the Service Provider and or its Employees have observed the same.
XVII. Personally and exclusively supervise or employ sufficient supervisory personnel exclusively to supervise the work of its Employees so as to ensure that the services rendered under them are carried out to the satisfaction of the Company.
XVIII. Ensure that no Employees of Service Provider will enter or remain on the Company’s premises after duty hours.
XIX. Employees does not do or suffer to be done in or about the premises of the Company anything whatsoever which in the opinion of the Company may be or become a nuisance or annoyance or danger or which may adversely affect the property, reputation or interest of the Company.
XX. Employee does not do or suffer to be done in or about the premises of the Company anything whereby any policy of insurance taken by the Company against loss or damage by fire or otherwise may become void or voidable.
XXI. No Employees of Service Provider shall enter or leave the establishments of Company, except by the gate or gates specified for this purpose.
XXII. Depute only such Employees as may be acceptable to Company. In case Company find any Person(s) unfit/undesirable for any job for any reasons whatsoever, Service Provider shall immediately remove such Employees and replace any suitable Person(s) within reasonable time. The decision of Company to permit or not to permit deployment of any Person(s) shall be final and binding on Service Provider.
XXIII. Service Provider shall be liable for and make good any damage caused to the Company’s vehicles or premises or any part thereof or to any fixtures or fitting thereof and therein by any act omission, default or negligence of the Service Provider or his Employees or agents.
XXIV. Medical Check up of workmen employed by it before appointment and periodical medical checkup thereafter.
XXV. Compliance of such conditions as Company may direct from time to time. XXVI. Registration as an Employer under Employees Provident Funds and Miscellaneous Provisions Act, 1952. The Service Provider shall be liable to contribute towards Provident Fund at the rate prescribed under the Act.
XXVII. Registration as an Employer under Employee State Insurance Act, 1948. The Service Provider shall be liable to contribute towards Employees State Insurance at the rates prescribed under The ESI Act
XXVIII. Any employee to be recruited by the Service Provider shall be in compliance to the recruitment process as referred in the Policy of the Service Providers – Contractual labour.
XXIX. The Service Provider shall ensure that each of its employees wear photo I-cards issued by the Company and uniform as prescribed by the Company.
XXX. The measurement shall be taken jointly as per relevant IS: 14164.
XXXI. Quality of insulation shall be as per relevant IS code.