LABOUR CLAUSE Clause Samples

LABOUR CLAUSE. The Provider must ensure that workers employed in Denmark by the Provider and any subcontractors who contribute to the performance of the Contract are secured pay (including special allowances), hours of work and other working conditions which are not less favourable than those established for work of the same nature under a collective agreement entered into by the most representative organisations of workers and employers in Denmark in the trade or industry concerned being in force throughout the Danish territory, cf. Circular No. 9471 of 30 June 2014 on Labour Clauses in Public Contracts. If the Provider has a duty of notification to the Register of Foreign Service Providers (RUT), the Provider must submit documentation of notification to the Customer no later than at the commencement of the work. The Provider must ensure that workers employed by the Provider and any subcontractors are informed about the applicable working conditions. The Provider has the burden of proving that the provisions of the labour clause are complied with, and the Customer may at any time demand submission of relevant documentation thereof. The documentation must reach the Customer no later than five working days after submission of the Customer’s demand. Any fundamental violation or repeated violations of the labour clause will be deemed to be a fundamental breach that entitles the Customer to terminate the Contract. In the event of the Provider violating the labour clause, the Customer may also withhold payment to allow for legitimate claims up to the level of the labour clause for the Providers or its subcontractors’ employees.

LABOUR CLAUSE. The Supplier must ensure that employees of the Supplier and any subcontractors that participate in the fulfillment of the Contract are guaranteed wage (including additional benefits), working hours and other working conditions that are not less favorable than those established for work of the same kind in regard to a collective agreement concluded for the field in question that is most representative of the unions and employers’ organizations in Denmark and that is applied throughout the Danish territory. The Supplier and any subcontractors must ensure that the employees receive information on the terms under the labour clause. The fulfillment of the Contract constitutes work carried out in Denmark with the aim of fulfilling the Contract. The contracting entity may at any time request relevant proof that wages and working conditions for workers meet the requirements that the labour clause sets. The contracting entity may therefore require that the Supplier with a written notice within 30 working days obtains the relevant documentation such as pay stubs, time sheets, payroll and employment contracts from both its own as well as any employees of subcontractors. If the Supplier does not deliver the mentioned document, or the document is missing one or more relevant conditions, the contracting entity may require an in depth account from the supplier with a deadline of an additional 30 working days. If the supplier does not provide satisfactory proof, the contracting entity may terminate the contract. The contracting entity may seek advice from relevant employers and/or employee organizations in its assessment of whether the Supplier or the subcontractor has complied with the clause. If the Supplier fails to meet its obligations in conjunction with the labour clause, and if this leads to a legitimate claim for additional wages from the employee, the Contracting Entity may withhold payment in order to satisfy such claim.

LABOUR CLAUSE. 12.1 The Concessionaire and any subcontractors who assist in the contract are obligated to ensure that the Concessionaire guarantees for workers in Denmark wages (including allowances), hours of work and other conditions of labour which are not less favourable than those applicable for work of the same nature pursuant to a collective agreement entered into by the most representative social partners in Denmark within the trade or industry concerned, and which apply to the entire territory of Denmark. “Assist in the contract”, see above, means work performed in Denmark in order to fulfil the contract. 12.2 The Concessionaire and possible subcontractors must ensure that employees receive information about the conditions in the labour clause. 12.3 The Danish Energy Agency is entitled at any time to request relevant documentation for compliance with the conditions for pay and labour for workers, as stipulated in this labour clause. 12.4 The Danish Energy Agency may demand that - following a written order in this respect - and within 10 working days, the Concessionaire procure the relevant documentation such as payslips, records of hours worked, payrolls, employment contracts, etc. for both its own employees and any subcontractor's employees as well as a declaration on compliance with the labour clause. 12.5 The Concessionaire is to ensure that any information in the material about the employees’ racial or ethnic origin, political, religious or philosophical beliefs, information concerning health or sex life, significant social problems and other clearly personal information be removed before the material is submitted to the Danish Energy Agency. 12.6 If the Concessionaire disregards its obligation to procure the document required by the Danish Energy Agency, the Danish Energy Agency may order the Concessionaire to pay a daily fine per calendar day of DKK 1,000 until the required documentation has been properly procured for the Danish Energy Agency. 12.7 For its assessment of whether the Concessionaire or the Concessionaire’s subcontractors have complied with the labour clause, the Danish Energy Agency may seek advice from relevant employer organisations and/or labour organisations. 12.8 If the Concessionaire fails to comply with its obligations pursuant to the labour clause, and if such non-compliance results in a justified claim for further pay from the workers, the Danish Energy Agency will be entitled to impose a penalty on the Concessionaire corresponding t...