Dear Friend , Now we are going to full & final a contractor, so that we need a full & final acknowledge format, pls any one can help
From India, Delhi
From India, Delhi
First instruct the contractor to bring a letter from his in charge at Shop/site stating that his contract has been / will be closed with effect from ______ (date).
Issue a clearance certificate in which he can obtain No Dues from all the department in your shop / site.
Ask him to submit the copy of Muster Roll, Pay sheet, PF & ESI Challans till the date of last working day.
Prepare an Indemnity in which he will indemnify the company in case of any non payment / under payment of wages to the workers engaged by him and the contractor himself will take care of all the payment / Bonus / Gratuity / F&F Settlement for all the workmen related issues.
Prepare HR Clearance Separately. Check for the Identity Cards issued to him should be returned completely. In case of any deficiency you can raise debit note for the same as per the rate fixed by your management. Please check for the vacation of accommodation by all the workers, any damages can also be debited on his bill, for which you must raise the Debit Note and submit the same to Billing /Accounts department so that the debit may be effected.
Instruct your Stores / Logistics department to submit No due certificate after due verification from their records. In case of any recovery they can also raise the Debit Note to the contractor.
Then you can issue them with a copy of the Clearance Certificate to the concerned Contractor.
From India, Kumbakonam
1165Issue a clearance certificate in which he can obtain No Dues from all the department in your shop / site.
Ask him to submit the copy of Muster Roll, Pay sheet, PF & ESI Challans till the date of last working day.
Prepare an Indemnity in which he will indemnify the company in case of any non payment / under payment of wages to the workers engaged by him and the contractor himself will take care of all the payment / Bonus / Gratuity / F&F Settlement for all the workmen related issues.
Prepare HR Clearance Separately. Check for the Identity Cards issued to him should be returned completely. In case of any deficiency you can raise debit note for the same as per the rate fixed by your management. Please check for the vacation of accommodation by all the workers, any damages can also be debited on his bill, for which you must raise the Debit Note and submit the same to Billing /Accounts department so that the debit may be effected.
Instruct your Stores / Logistics department to submit No due certificate after due verification from their records. In case of any recovery they can also raise the Debit Note to the contractor.
Then you can issue them with a copy of the Clearance Certificate to the concerned Contractor.
From India, Kumbakonam
Dear Bhaskar
I am totally in disagreement what you had suggested. I am of the strong opinion that in case we are engaging somebody as a contractor then all the terms and conditions are enumerated in the contract itself i.e. effective date of contract, validity, payment terms etc. inclusive of indemnity clause. But is it practical viable to catch hold the contractor for any non compliance at later stage. As you suggests all payment i.e. Bonus, Gratuity etc. will be paid by the contractor. The contractor is not going to pay anything from his own pocket unless and until it is not paid to contractor by the principal employer. However for the sake of our mental peace we can obtain an undertaking from the contractor as under:-
Undertaking
Received with thanks from M/s ____ a sum of Rs._________ towards full and final payment as per terms___ of the contract dated_________. With the receipt of above amount I hereby declare that nothing stands outstanding against M/s__________
I further undertook that I had made all the compliances under various labour laws as applicable and at any later stage any liability is fastened on M/s_________ I will indemnify the same
From India, Gurgaon
I am totally in disagreement what you had suggested. I am of the strong opinion that in case we are engaging somebody as a contractor then all the terms and conditions are enumerated in the contract itself i.e. effective date of contract, validity, payment terms etc. inclusive of indemnity clause. But is it practical viable to catch hold the contractor for any non compliance at later stage. As you suggests all payment i.e. Bonus, Gratuity etc. will be paid by the contractor. The contractor is not going to pay anything from his own pocket unless and until it is not paid to contractor by the principal employer. However for the sake of our mental peace we can obtain an undertaking from the contractor as under:-
Undertaking
Received with thanks from M/s ____ a sum of Rs._________ towards full and final payment as per terms___ of the contract dated_________. With the receipt of above amount I hereby declare that nothing stands outstanding against M/s__________
I further undertook that I had made all the compliances under various labour laws as applicable and at any later stage any liability is fastened on M/s_________ I will indemnify the same
From India, Gurgaon
If there is an indemniy bond signed seperately with the contractor apart from the Contract for performance to indemnify the principal employer from future liabilities, there is no need to against to obtain an indemnity undertaking at the time of final settlement of the contract. However where the indemniyty is incorporated as part of the main contract for performance and the said contract is terminated after completion of the performance, it is debatable whether the principal employer can invoke indemnity agaisnt the contarctor agaisnt any future liabilities as the contract itself of which indemnity is part, became non-existent. In that event, it is advisable to follow the suggesstion of Bhaskar.. The other procedural precaustions suggested by Bhasker to be followed at the time of fianl settlement of the contract, are, in my view, prudent as some contractors are little wily to extarct money even after ending relationship with the Principal employer.
B.Saikumar
HR & labour Law advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & labour Law advisor
Mumbai
From India, Mumbai
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Full & Final format.xls