JOB CONTRACTING Sample Clauses
The JOB CONTRACTING clause defines the terms under which one party (the contractor) is engaged to perform specific work or services for another party (the client) on a contractual basis. This clause typically outlines the scope of work, deliverables, timelines, and payment terms, and may specify whether the contractor is responsible for providing their own tools, materials, or labor. By clearly delineating the responsibilities and expectations of both parties, the clause helps prevent misunderstandings and disputes, ensuring that the contracted job is completed as agreed.
JOB CONTRACTING. BARGAINING UNIT INTEGRITY
JOB CONTRACTING. There is job contracting permissible under the Code if the following conditions are met:
(1) The contractor carries on an independent business and undertakes the contract work on his own account under his own responsibility according to his own manner and method, free from the control and direction of his employer or principal in all matters connected with the performance of the work except as to the results thereof; and
(2) The contractor has substantial capital or investment in the form of tools, equipment, machineries, work premises, and other materials which are necessary in the conduct of his business. (Italics supplied) The bank and CESI urge that CESI is not properly regarded as a “labor-only” contractor upon the ground that CESI is possessed of substantial capital or investment in the form of office equipment, tools and trained service personnel. We are unable to agree with the bank and CESI on this score. The definition of “labor-only” contracting in Rule VIII, Book III of the Implementing Rules must be read in conjunction with the definition of job contracting given in Section 8 of the same Rules. The undertaking given by CESI in favor of the bank was not the performance of a specific job — for instance, the carnage and delivery of documents and parcels to the addresses thereof. There appear to be many companies today which perform this discrete service, companies with their own personnel who pick up documents and packages from the offices of a client or customer, and who deliver such materials utilizing their own delivery vans or motorcycles to the addresses. In the present case, the undertaking of CESI was to provide its client — the bank — with a certain number of persons able to carry out the work of messengers. Such undertaking of CESI was complied with when the requisite number of persons were assigned or seconded to the petitioner bank. Orpiada utilized the premises and office equipment of the bank and not those of CESI. Messengerial work — the delivery of documents to designated persons whether within or Without the bank premises — is of course directly related to the day-to-day operations of the bank. Section 9(2) quoted above does not require for its applicability that the petitioner must be engaged in the delivery of items as a distinct and separate line of business. Succinctly put, CESI is not a parcel delivery company: as its name indicates, it is a recruitment and placement corporation placing bodies, as it were, in different client...
JOB CONTRACTING