Subcontracting Work Clause Samples
The Subcontracting Work clause defines the conditions under which a party to a contract may delegate portions of their contractual obligations to third-party subcontractors. Typically, this clause outlines whether prior written consent is required from the other party before engaging a subcontractor, and may specify standards or qualifications that subcontractors must meet. Its core practical function is to ensure that the quality and accountability of the work are maintained, while also providing transparency and control over who is performing critical aspects of the contracted work.
POPULAR SAMPLE Copied 2 times
Subcontracting Work. The parties agree that it is important to make an effort for the industry to become as attractive and serious as possible. Where own staff is insufficient, various measures should be discussed – including the option to increase the number of permanent employees, cf., the Main Agreement § 9-3. The parties are committed to preventing «social dumping» and to meet the challenges entailed by an international market and free movement in the labour market and service market in a good way and in accordance with Norwegian legislation and agreements as well as international regulations. If the company wishes to subcontract parts of the work, there should be negotiations with the company union representatives in advance, cf. the Main agreement § 9-3. The protocol should state the staffing need, the reason for not hiring, as well as the extent and duration. The company management shall, upon request, demonstrate to the union representatives that subcontractors have proper wages and working conditions. Wages and working conditions perceived as unreasonable by company union representatives compared to central collective agreements can be discussed with the company. Upon the union representatives' request, the company shall inform the union representatives of how arrangements are made for employees of the subcontractor working temporarily for the company have living and working conditions in accordance with § 9 I. If subcontracting the work means that the company must dismiss or lay off permanent employees, subcontracting the work may violate § 15-7 of the Working Environment Act and § 7-1 no. 1 of the Main Agreement. The union representatives may require negotiations on this.
Subcontracting Work. The City will not, in the absence of an emergency or an unforeseen occurrence of a temporary nature requiring immediate response beyond the manpower availability or current capability of the work force, contract out work normally performed by bargaining unit members. Should the City determine that the contracting of work normally performed by bargaining unit members is necessary, such contracting will not have the effect of reducing the number of bargaining unit members or their opportunities within the workforce. As used in this Article, “normally performed by” is intended to mean those functions routinely performed by an individual or clearly within the scope of a position. It is not intended to bring additional responsibilities within a position or in any way preclude the City from contracting for those services normally and routinely provided by third parties as a part of City government.
Subcontracting Work. An Employer who is party to this Agreement shall sub-contract no work covered by the terms of this Collective Bargaining Agreement at the job site to any Employer unless said subcontractor agrees in writing to perform said work subject to all the terms and conditions of this Agreement, including an Agreement to submit work jurisdictional disputes for determination in accordance with the provisions contained herein.
Subcontracting Work. The District shall have the right to subcontract work that is traditionally performed by the bargaining unit in situations in which:
1. The work is for a temporary duration (less than six months);
2. The work is seasonal in nature;
3. The work performed by the private contractor is generally beyond the expertise of the bargaining unit employees;
4. The technology or equipment used by the contractor is not generally used by, or is not available to, bargaining unit employees;
5. The work is of a time sensitive nature and is beyond the capacity of existing staff to complete the work within the necessary timeframe;
6. The work is being performed on a temporary basis until a qualified candidate can be found; or,
7. The Association and the District mutually agree.
Subcontracting Work. 10.1. The Contractor shall not assign, transfer, or sublet any portion or part of this Contract and the Work required by this Agreement to others without prior written consent of Telgian.
10.2. If consent is given the Work will be performed by employees of the subcontractor who have the appropriate skill level and training.
10.3. The subcontractor will provide Telgian with a Certificate of Insurance with the same limits listed under the Insurance Section of this Agreement. No Work is to be sublet until this requirement is met.
Subcontracting Work. The Board agrees to provide at least thirty (30) days’ notice prior to subcontracting any work performed by bargaining unit members (or any similar work) to an outside organization which results in the layoff of unit members.
Subcontracting Work. The City agrees that it will not subcontract any 43 work that is normally performed by bargaining unit employees, if such subcontracting 44 would result in the layoff of said bargaining unit employees. 45
Subcontracting Work. In order to provide covered employees with the maximum job security, it is hereby agreed as follows: The Employer shall not permit any of those employees who are not in the bargaining unit covered by this agreement to do any work performed by the employees covered by this Agreement.
Subcontracting Work a. The Employer shall not attempt to engage in any work covered by this Agreement in any area outside the geographical jurisdiction of the Local Union through the use or devise of another business or corporation which such Employer controls or through the use of devise of a joint venture with another Employer or Contractor for the purpose of affecting lower wages, conditions or benefits. Either party may submit a request for review in writing, if the appearance of this impropriety surfaces.
b. The Employer, party hereto shall, when engaged in work outside the geographical jurisdiction of the Union party to the Agreement, will comply with all of the lawful clauses of the Collective bargaining Agreement in effect in said other geographical jurisdiction, including but not limited to the wages, hours, working conditions, benefits and procedure for settlement of disputes. Employees shall comply with all lawful clauses and be entitled to receive the wages and conditions effective in either the home or outside jurisdiction whichever is more favorable to such Employees. Any Employee from the Employer’s home area shall not work any more hours on any job than Employees who are residents of the area and equally qualified to perform the work.
c. When engaged in work outside the geographical jurisdiction of the Agreement, the Employer agrees, subject to their rights to reject any applicant for cause, that not less than 50% (fifty percent) of the workers employed on such work will be residents of the area where the work is performed or who are customarily employed a greater percentage of their time in such areas and further provided that these men are qualified to meet the job requirements.
d. All Employers signatory to this Agreement, when subcontracting work covered by this Agreement, agree that the Employer will be responsible for the work being performed in accordance with the terms of this Agreement.
e. The parties agree that the Employer may subcontract to certain specialty non- signatory subcontractors, when no other Union specialty subcontractors are available to perform the required work. The Union will be contacted when non- signatory work is required in order to complete the work. It is the intent of the Employer and the Union to protect job site work which has been traditionally performed by the bargaining unit or which is fairly claimable as bargaining unit work.
Subcontracting Work. The Employer shall have the right, whenever it deems it necessary or practicable, to subcontract work or any portion thereof performed by any employees covered by this Agreement, and no provision of this Agreement is to be construed as prohibiting same, subject, however, to the right of the Union to be given reasonable prior written notice by the Employer of any such intended subcontracting if it serves to reduce or bifurcate the bargaining unit. It is not the intent or purpose of the NCPHS to eliminate or reduce the bargaining unit. After receipt of such written notice of subcontracting, the Union may request a meeting or meetings at which the impact of subcontracting on the employees of the Employer will be discussed. The Union will be advised of the name of the contractor and his/her business address. If any employee is displaced by such subcontracting, the parties shall explore other opportunities for employment for which the employee can qualify, as well as the terms and conditions of the employee's termination, if such is the case. This provision does not have application to the usual and customary subcontracting which the Employer has practiced in the past.