Labor Liability Clause Samples

Labor Liability. 12.1 The Parties agree that, as the SERVICE PROVIDER is exclusively responsible for providing the services, it shall be fully held liable for all labor and social security charges, taxes, insurances, indemnification and all other expenditures resulted from the employment bond the SERVICE PROVIDER has with its employees and other contractors and subcontractors providing services to the CLIENTS, since they are exclusively payable by the SERVICE PROVIDER, and the CLIENTS shall not be held liable for such charges, not even subsidiarily or jointly. 12.2 It is hereby established that if the CLIENTS or any of its clients become a defendant in any lawsuit or administrative proceeding, including, but not limited to, labor, social security and tax proceeding, for reasons attributable to the SERVICE PROVIDER either or not related to the subject matter and/or obligations herein, but as a result from this Agreement, the SERVICE PROVIDER shall: i) Provide support and documents for the preparation of the CLIENTS’ defense, at least [*****] days before the end of the established deadline; ii) Enter the suit as co-defendant and have the CLIENTS removed from the suit, using all defense arguments and applicable resources; iii) If the SERVICE PROVIDER is not party to the proceeding, upon request from the CLIENTS, appear at the hearings and any other events, without creating any obstacles, in order to request its inclusion as defendant in the lawsuit/administrative proceeding. iv) If the CLIENTS and/or its Clients are not removed from the claim, the CLIENTS shall withhold an amount equivalent to [*****]% of the monthly payment for as long as they remain in the claim, in order to receive reimbursement for all expenses concerning attorneys’ fees, expenses, losses and/or any judgment. 12.3 The SERVICE PROVIDER hereby authorizes the CLIENTS to enter into, at any time, any settlements so that the CLIENTS are removed from any labor or social security claim, provided that: (i) such settlements are limited to the individual amount of [*****] per settlement; and

Labor Liability. The parties agree that the employees working in their facilities shall remain under their supervision, and that each of the contracting parties assumes full responsibility for recruiting, training and managing of said personnel, as well as the legal rights and obligations, regulatory and contractual inherent to the employment relationship with said personnel. "Evonik" assumes acting within the scope of its relationship with the employees, in accordance with the law and the applicable regulations with regard to wages, social security, health and safety and security conditions at their workplace, as well as implementing the law to their professional activities.

Labor Liability. The "VENDOR" hereby declares that the personnel contracted to deliver goods and/or render services shall be under said party's strict and exclusive liability, direction, economic and labor subordination, and dependence. Therefore, "BD" shall have no civil, labor or any other relationship with any individual or company engaged by the "VENDOR" for the performance of this Purchase Order. Consequently, the "VENDOR" shall be obliged to hold "BD" harmless from and indemnify it for any action or claim filed by any third party. When the nature of the goods or services so requires, "SUPPLIER" may make its employees available to "BD", provided that "SUPPLIER" is registered with the labor authorities as a provider of specialized services, and is obligated to provide "BD", upon request, with the necessary documentation to ensure its compliance with labor, tax and social security matters with respect to its employees in accordance with the applicable legislation in force. Failure of the supplier to comply with this obligation shall be a ground for termination of the business relationship as a justified cause for BD

Labor Liability. “CEMEX” hereby acknowledges that in its capacity of employer, it shall be responsible for complying with all labor obligations and responsibilities with its employees, none of which has any labor relationship whatsoever with “BANOBRAS”.

Labor Liability. The DEVELOPER, as employer of the personnel occupied as a result of the works subject-matter of this APP, shall be solely liable for the obligations arising from the APPLICABLE LAWS in labor, safety and social welfare matters. All the activities and documents related to the compliance of such obligations shall be informed and duly evidenced periodically by the DEVELOPER to CEA, when the latter requests so.

Labor Liability. The Vendor hereby declares that the personnel contracted to deliver goods and/or render services shall be under said party's strict and exclusive liability, direction, economic and labor subordination, and dependence. Therefore, DGMX shall have no civil, labor or any other relationship with any individual or company engaged by the Vendor for the performance of this Order. Consequently, Vendor shall be obliged to indemnify and hold DGMX harmless from and indemnify it for any action or claim filed by any third party resulting from Vendor’s failure to comply with its obligations as employer or its employees under any applicable laws, including the Federal Labor Law (“Ley Federal del Trabajo”), the Social Security Law (“Ley del Seguro Social”), and the Law of the Institute of the National Employees Housing Fund (“Ley del Instituto del Fondo Nacional de la Vivienda para los Trabajadores”). This Agreement is of a commercial nature. Nothing in this Agreement can be interpreted as if, as a result of the execution hereof, Vendor provides and/or makes available to DGMX any of its employees for the benefit of DGMX in terms of Article 12 of the Federal Labor Law or Article 15-D of the Federal Tax Code. Consequently, this Agreement shall not give rise to any form of labor subordination whatsoever between the Parties (and their contractors) and/or the intermediation and/or subcontracting of personnel. Each Party is an independent company undertaking its own activities and has its own resources, tools, assets, and customers, and holds its own authorizations or licenses. Each Party receives financial benefits from the performance of its own economic activities, which allows it to be financially solvent to fulfill its obligations. Each Party has its own employees to carry out the activities pertaining to its own corporate purpose.

Labor Liability. The Seller expressly declares that it is and will be solely liable for the consequences, direct or indirect, that arises from any labor issues that arise between the Seller and its hired workers while performing services under the Order, including but not limited to, (a) payment of wage, (b) social benefits, (c) vacation time, (d) indemnifications set forth in the Federal Labor Law and its ruling, (e) Social Security Systems, (f) medical expenses due to labor accidents or professional diseases, and (g) any other indemnification that must be paid for the injuries, temporary or permanent (including death) suffered by its personnel or third parties. Even when the Seller is performing services at Buyer’s facilities, the Seller will not under any circumstance be an employee of Buyer, and ▇▇▇▇▇ will not be liable for the conflicts that may arise between the Seller and its workers. In consequence, the Seller is responsible and must attend all the individual or collective claims that its employees or workers present against it or against Buyer, being responsible to safely free Buyer of any such claim filed against ▇▇▇▇▇ and will reimburse immediately any legal or of any other nature expense incurred by Buyer for such concept. For the case Buyer is sued by personnel of the Seller for any cause, alleging that Buyer is the employer, mutually binding employer, substitute employer of such personnel, may it be in individual or collective trials or any other litigious procedure of labor nature, the Seller will be responsible and must safely free Buyer and Buyer’s rights from such procedures, with the support of specialized attorneys in the corresponding discipline and must pay such attorney’s fees, as well as the claimed amount, in its case. In any case, ▇▇▇▇▇’s attorneys may ask in a written form to the attorneys of the Seller detailed information about the status of such procedures as well as about the followed strategies for the best solution of the same. In case Buyer chooses that its own attorneys handle its defense, ▇▇▇▇▇ must inform this in a written form to the Seller. Therefore the Seller will not be responsible of the consequences of the performance or lack of performance of such attorneys. Nevertheless, in this case the Seller will be responsible to pay all the expenses originated for the corresponding labor conflict, as well as the Buyer’s attorneys’ fees. The Seller agrees that any labor conflict with its workers or employers must not affect the facilities a...

Labor Liability. “INNOPHOS” agrees to perform the subject matter hereof with its own staff or of third parties contracted thereby. “INNOPHOS” agrees to fulfill each and all obligations arising thereupon existing for the benefit of its own workers or of the staff of contracted third parties in accordance with the terms of the Federal Labor Law [Ley Federal del Trabajo], Social Security Law [Ley del Seguro Social] and any other applicable law. “INNOPHOS” represents that its and shall remain solely responsible for the labor relationship with aforementioned workers, who shall remain subordinated thereto during the term hereof. Consequently, “API” shall not have any labor relationship or connection whatsoever with above-mentioned employees and/or workers, and therefore, “INNOPHOS” hereby releases “API” from any responsibility, of any type, specially of a labor nature, regarding each and all workers.

Labor Liability. The personnel of Brake Parts, whether directly or indirectly affected to render the Services (the “Affected Personnel”), shall not be considered under a dependency relationship or employment contract with Dana under any circumstances. Brake Parts shall be the sole and exclusive employer of the Affected Personnel for all purposes. Brake Parts shall be the sole responsible for the compliance with all labor, tax and social security obligations in relation with the Affected Personnel, as well as with the payment of remunerations, social security withholdings and contributions, union contributions, indemnifications and any other labor concepts payable to the personnel assigned by Brake Parts to render the Services (hereinafter referred to as, jointly, the “Labor Obligations”). 4.6.1. Upon request by Dana, Brake Parts shall render evidence of the effective fulfillment of its Labor Obligations in relation with the Affected Personnel through an accounting certification issued by a registered accountant, proving the payment of all salaries, wages and social security withholdings and contributions corresponding to such personnel.