If you`re a business owner or a recruiter in India, you may be familiar with the concept of manpower supply agreements. These agreements are used by companies to hire workers or employees from a third-party supplier, usually for a specific project or a fixed period of time. In this article, we`ll take a closer look at the format of a manpower supply agreement in India and what key elements it should contain.
1. Introduction and Background
The first section of a manpower supply agreement should introduce the parties involved in the agreement, i.e., the employer/client and the supplier/recruiter. It should also briefly explain the purpose and background of the agreement, including the nature of the project or work for which the supplier will provide manpower.
2. Services to be provided
This section should describe in detail the services and scope of work that will be provided by the supplier, including the number of workers/employees to be supplied, their qualifications and experience, and their roles and responsibilities. This section should also specify the duration of the agreement and the expected start and end dates of the project.
3. Payment Terms
The payment terms should be clearly outlined, including the hourly, daily or monthly rate to be paid to the supplier, as well as any other applicable fees or charges for the services provided. This section should also specify the payment schedule, i.e., how often payments will be made and the payment method to be used.
4. Confidentiality and Non-Disclosure
It is important to include a section on confidentiality and non-disclosure to protect the employer`s proprietary information and trade secrets. This section should specify the types of information that are considered confidential, and the obligations of the supplier to maintain confidentiality and not disclose such information to any third parties.
5. Termination and Extension
The manpower supply agreement should include provisions for termination and extension. This section should outline the circumstances under which the agreement can be terminated by either party, and what notice period is required. It should also specify whether the agreement can be extended, and if so, under what conditions and for how long.
6. Representations and Warranties
The supplier should provide representations and warranties regarding their ability to provide the manpower as agreed upon, including their compliance with all applicable laws and regulations, and that the workers/employees they supply are fully qualified and possess all necessary licenses and certifications.
7. Governing Law and Dispute Resolution
Lastly, the manpower supply agreement should specify the governing law and jurisdiction that will apply to any disputes arising from the agreement. It should also outline the procedures for dispute resolution, including mediation, arbitration, or litigation.
In summary, a manpower supply agreement in India should contain the above-mentioned sections and key elements to ensure that both parties are clear on their obligations and responsibilities. It is important to have a written agreement in place to avoid any misunderstandings or disputes that may arise during the course of the project. As a professional, I hope this article has been informative and useful to you.