The
Agreement is made at________ this ________ day_______ of _______ between M/s.
XYZ Co.Ltd a Company registered under the Companies Act 1956 and having its
registered office at _________ hereinafter referred as "the Company"
of part one & Mr. _________ residing at hereinafter referred as "the
Contractor" of the other part.Whereas1. The company is
carrying on business of___________ and owns some cargo ships to carry on cargo
from one port to another in different countries.2. Whenever any such
ship of the company arrives at the port of_________ the company is required to
engage mathadi workers to load & unload cargo in and from ship.3. As the ships come to
the said port infrequently and there is no scope for continuous employment of
workers for loading and unloading, the company cannot employ such workers
permanently as its own employees and the company therefore purposes to employ
labour through the labour contractor as and when any ship of the company
arrives at the said port.4. The contractor
carries on the business of supplying labour to any establishment including
labour specialized in loading and unloading cargo from the ships at the said
and other ports in India and the contractor holds a license under this Contract
labour (Regulation & Abolition) Act 1970.5. The company proposes
to entrust the work of loading and unloading cargo from the companys ship
arriving at the said port and the Contractor has agreed to supply the labour
for the purpose on the terms and conditions hereinafter recorded and agreed to
between the parties.6. The company declares
that it is registered as an establishment in respect of ships as the principal
employer under the Contract Labour (Regulation & Abolition) Act 1970.Now
it is agreed by and between the parties hereto as follows.1. The company hereby
appoints the contractor as labour contractor for supply of workers to carry out
the work of loading and unloading goods in any ship of the company when it
arrives at the said port.2. The company shall
give at least 8 days notice to the contractor of the date on which the any ship
of the company is expected to arrive at the said port and when the ship is
anchored at the said port is expected to leave the port after loading the goods
booked with the company for the transport. The company shall also inform the
contractor by such notice how many workers will be required for unloading the
ship arriving at the port and how many workers will be required for loading the
ship, which will be leaving the port. If the contractor fails to supply the
required labour on any occasion the company will be entitled to engage other
group of workers and the contractor will be liable to pay the company the
expenses incurred on the account of damages.3. The contractor shall
on receiving information from the company, that a ship has arrived and is
anchored at the dock the contractor shall arrange to bring the number of
workers asked for at the port at his own cost of transport.4. It is the
responsibility of the company to give directions or guidelines regarding the
manner in which the work of loading and unloading will be carried out by the
workers and the workers supplied by the contractor will carry on the work
accordingly.5. It will not be the
duty or responsibility of the contractor to supervise the work of the workers
supplied by him, but the company through its representatives will do that work
and the workers will obey and carry out the directions given by him.6. If the company finds
that any worker supplied by the contractor is not carring out the work
satisfactorily or is otherwise physically unfit to carry out the work involved,
the contractor shall withdraw such a worker from duty and substitute some other
worker in his place. The companys complaint will be final and accepted by the
contractor or the worker as justified.7. The consideration of
services to be rendered by the contractor as herein provided the company shall
pay to the contractor on following basis.------------------------------------------------------------------------------------------------------8. The said amount will
include the wages and other benefits payable to the workers supplied by him to
the company from time to time and as prescribed by the labour enactment in
force for the time being, and the company will not be responsible to pay the
same. But if under any enactment (including rules or regulations included there
under) the company is held liable to pay any amount to the worker as principal
employer the contractor should reimburse the same to the company within a
period of 15 days from the date of demand by the company. Demand shall be made
in writing. And the contractor indemnifies an agrees to keep indemnified the
company against any such amount and any losses, charges and expenses incurred
by the company on account thereof.9. The company will
provide for every worker supplied by the contractor, a badge/identity card as
required for entry and presence in the dock where the ship will be anchored
before he enters the dock. The worker will surrender such badge/identity card
at the time of leaving the dock.10. Every worker during
the period of his work will be bound to observe the rules and regulations of
the port authority relating to his movement, dress and discipline. If there is
any breach thereof by any such worker and the company suffers any penalty,
monetary loss or other charges he contractor will be responsible for the same
and he will reimburse the company for any such liability.11. The contractor will
make the arrangement of food, snacks and tea/soft drinks for such workers and
the company will not be responsible for the same.12. If any amenity
required by law for the benefit of worker supplied by the contractor is not
suitable or is inconsistent with the work placement or if possible to be
provided and is not provided the company will provide the same within the time
required by the law and the contractor shall pay the company the expenses
incurred by it on that account on demand.13. The contractor shall
be responsible for the payment of wages to each worker employed by him for the
company when the wages become payable, the company can nominate a
representative duly authorized who will be present at the time of disbursing
the wages by the contractor and he will certify the amounts paid as wages by
the manner prescribed by law.14. The company will be
entitled to deduct any payment made by the company and which is payable by the
contractor under this contract or by law, out of any moneys payable by the
company to the contractor under this contract.15. The Contractor and
the company shall maintain such registers and records containing such
particulars of contract labour employed as required by the Contract Labour (Regulation
and Abolition) Act 1970 or any other law including particular regarding the
nature of work performed by the contract labour and the rates of wages paid to
the worker.16. The company shall
maintain a first aid box containing all articles and equipments as required by
law.17. The contractor shall
pay wages at the rate as may be prescribed by law particularly by the said Act
of 1970.18. Every worker to be
supplied by the contractor shall not be less than 25 years and not more than 55
years of age and the contractor shall obtain and produce to the company a
medical certificate of each of the worker that he is not suffering from any
disease of major ailment and he is physically fit to do the prescribed work.19. Every time the
contractor supplies the workers, the contractor should supply a list of full
address and names of workers to the company.20. The company will act
in relation to the contractor, his workmen at this agreement through one or
more representative whose name/names will be communicated to the contractor as
its authorized representative/s.21. If the workers
supplied by the contractor for loading and unloading the cargo are required to
work for more than 8 hours, the contractor shall be liable to pay overtime
wages as required by law. The company will reimburse such wages paid as
overtime. However if the workers are required to work for less than 8 hours the
contractor will not be entitled to make a claim against the company for being
required to pay the workers their wages for 8 hours work.22. It is the responsibility
of the contractor to see that the workers do not go on any strike or stop work
and if they do so the company will be entitled to get the work of loading or
unloading carried out through any other group of workers and the contractor
shall be liable to make good the loss suffered by the company in that behalf.
If the workers of the contractor have any grievance the same shall be attempted
to be settled amicably with the help of the company on such terms as may be
agreed upon.23. If due to any act of
commission or omission, misfeasance or nonfeasance of any worker supplied by
the contractor any third party suffers loss or damages the contractor will make
good the same if the company is required to pay the same the contractor will
reimburse the company for such loss or damage.24. The contractor shall
not assign this contract to any other person without the written consent of the
company and which consent may be granted only on such terms, as the company
will stipulate.25. The contractor shall
comply with all laws and regulations governing the relation between the
employer and employee which are in force as if the contractor is the employer
and the worker are his employee. The contractor agrees to indemnify and keep
indemnified the company against any loss, charges and expenses suffered by it
on account of breach of any laws or regulations.26. This agreement can be
terminated by the company or shall deemed to be terminated by the company in
any of the following events;a. If the company
terminates the same with or without assigning any reason by giving 15 days
notice to the contractor in writing as from the date to be specified in the
notice.b. If the contractor is
adjudged insolvent.c. If the company goes
into liquidation voluntarily or through the court.d. If the contract becomes
illegal b virtue of any law.e. If the authorities
cancel the license of the contractor concerned.f. If the contractor
terminates this contract by giving at least one-month prior notice with or
without assigning any reason. Subject to what is provided in this clause, the
contract shall remain in force for a period of one year from the date hereof.1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27. If any difference of
opinion arises between the company and the contractor regarding this agreement
and the implementation there of the decision of the Managing Director of the
company shall be final and binding on the contractor.28. The agreement is
subject to the provisions of any scheme made u/s 3 of Dock Workers (regulations
of employment) Act 1948 and the rules there under. If any provision of this
agreement is repugnant or inconsistent with any provision of such scheme, which
applies to the employment of the dockworkers and is applicable to this
agreement such provision of the agreement will be treated null and void on the
parties.29. This agreement is
also subject to the provisions of Dock Workers (Safety, Health and Welfare) Act
1986 and the rules there under. The company as the principal employer, the
contractor as employee and the workers employed by him will be bound by the
provisions of the Act and Rules.In
witness thereof the parties have their hands and seal the day and year first
hereinabove written.Signed
for and behalf of the within namedXYZ
Co. Ltd.By
its Managing Director Mr........Duly
authorized in that behalfIn
the presence of .....Signed
by the within namedContractor
Mr......In
the presence of.