Common use of Worker Rights Clause in Contracts

Worker Rights. (a) The Company agrees not to take any action, and to use all reasonable efforts to ensure that no action will be taken by any contractor (or any subcontractor) of the Company performing EPC (engineering, procurement and construction) services contracted for after the date of this Agreement, or providing O&M(operating and management) services contracted for after the date of this Agreement, for the Project (each, a “contractor” and, collectively, the “contractors”) to prevent employees of the Company or of any such contractor performing such services for the Project in Brazil from lawfully under the laws of Brazil exercising their right of association and their right to organize and bargain collectively. In connection with the Project, the Company agrees to observe, and to cause each contractor to observe, with respect to its respective employees, applicable laws relating to acceptable conditions of work with respect to minimum age, minimum wages, hours of work, and occupational health and safety. Furthermore, in connection with the Project, the Company agrees, and agrees to use all reasonable efforts to cause each contractor, not to use forced labor and not to take any action on the basis of the right of association or collective bargaining activities or membership that may result in the termination, suspension, demotion, or transfer of any employee by the Company or any contractor, or by any of their respective officers, agents or representatives. In addition, the Company agrees, and agrees to use all reasonable efforts to cause each contractor, not to employ persons under the age of 15 years in connection with the Project for general work, and not to employ employees under the age of 18 years for any hazardous activity in connection with the Project (pursuant to the International Labor Organization’s Convention 182). Furthermore, the Company agrees to, and to use all reasonable efforts to cause each such contractor to agree to, ensure that all employees have the right to remove themselves from hazardous situations without jeopardizing their continued employment. The Company further agrees to apply the preceding provisions, and to use all reasonable efforts, to cause each contractor to apply the preceding provisions, to all of its employees, including employees hired by the Company or the contractor on a contractual basis. (b) In the event that non-compliance or potential non-compliance with the above requirements with respect to the employees of the Company or any contractor comes to the attention of one of the Authorized Officers of the Company, the Company shall give prompt notice thereof to OPIC and, if applicable, to such contractor. The Company (i) shall (a) cure such non-compliance or (b) cause such contractor to cure such non-compliance, in either case to the satisfaction of OPIC, and (ii) shall terminate the contract with such contractor (the “contract”) unless such non-compliance is cured to the satisfaction of OPIC within 90 days of such notice, or notice thereof from OPIC to the Company, whichever first occurs. (c) The failure of the Company (x) promptly to notify OPIC and, if applicable, the contractor of such non-compliance; or (y) (i) to cure such non-compliance or cause such contractor to cure such non-compliance, in either case to the satisfaction of OPIC, or (ii) to terminate the contract, shall constitute a default under this Agreement. Notwithstanding the foregoing, the Company and such contractors are not responsible under this Section 3.09 for the actions of the Foreign Governing Authority.