Common use of Labor Services Clause in Contracts

Labor Services. i. Upon Customer’s request from time to time, PCI may furnish to Customer employee(s) of PCI for providing labor and other services to Customer (“Leased Employees”). The parties acknowledge that PCI can only provide the Leased Employees used by it to the extent such Leased Employees remain employed by PCI and are not otherwise unavailable for any reason, including, but not limited to, performing other work, sickness, vacation or other leave of absence (the “Labor Services”). ii. With respect to all of its work, the Customer is responsible for construction, means, methods, techniques, sequences and procedures and is responsible for the supervision of all Leased Employees used by it during the performance of such work. The Customer shall strictly comply with all applicable federal, state and local laws, ordinances, codes, rules, regulations and orders of any public authority with respect to its work, including, without limitation, with respect to labor matters. The Customer shall cooperate with PCI to allow PCI to comply with federal, state and local tax laws, social security acts, unemployment compensation acts and workers’ compensation acts insofar as applicable to PCI's Leased Employees used by the Customer. The Customer shall take all reasonable safety precautions with respect to its work and shall comply with all safety measures and with all applicable laws, ordinances, rules, regulations and orders of any public authority for the safety of persons or property including, without limitation, OSHA, and follow all reasonable recommendations concerning a safe work environment from PCI’s workers’ compensation insurance carrier. The Customer agrees to report immediately to PCI all work-related accidents and injuries involving PCI's Leased Employees used by the Customer. PCI and PCI’s workers’ compensation insurance carrier shall have the right to inspect the Customer’s workplace, including, but not limited to, any job sites at which Leased Employees work. To the extent reasonably possible, such inspections shall be scheduled at mutually convenient times. iii. Without limiting the generality of the provisions of Section (II)(a)(2)(ii) hereof, PCI is responsible for the following with respect to Leased Employees furnished to the Customer: a) reserving a right of direction and control over the Leased Employees, including a right to hire, discipline and terminate as to the PCI’s employment relationship with the Leased Employees, maintaining the Leased Employees’ records, and reserving a right to resolve disputes with respect to those Leased Employees; b) payment of salaries and wages (at levels determined by PCI in its sole and absolute discretion), and compliance with applicable rules and regulations governing the reporting and payment of all federal and state taxes on payroll wages paid for those Leased Employees furnished under this Agreement, including, but not limited to: (i) federal income tax withholding provisions of the Internal Revenue Code; (ii) provisions of state and/or local income tax withholding laws, if applicable; (iii) provisions of the Federal Insurance Contributions Act; (iv) provisions of the Federal Unemployment Tax Act; and, (v) provisions of applicable state unemployment tax laws; c) providing employee benefits (at levels determined by PCI in its sole and absolute discretion) under the terms and conditions, as amended from time to time, of PCI’s sponsored plans, if any, and compliance with its obligations under the Health Insurance Portability and Accountability Act, if applicable, and the Employee Retirement Income Security Act of 1974, as amended, if applicable, solely with respect to employee benefit plans sponsored by PCI, if any; d) designating one or more on-site supervisors from among Leased Employees to serve as PCI’s contact for facilitating PCI’s Labor Services; e) procurement of workers’ compensation insurance and administration of claims for Leased Employees;