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The Staffing Subcontractor Agreement is essential for businesses operating in India that utilize a multi-tier staffing model to meet their workforce requirements. This document becomes necessary when a primary staffing company needs to engage another staffing agency (subcontractor) to fulfill its contractual obligations to end clients. The agreement ensures compliance with Indian contract labor laws, particularly the Contract Labour (Regulation and Abolition) Act, 1970, while addressing crucial aspects such as statutory benefits, working conditions, and payment terms. It's particularly relevant in scenarios where specialized skills, volume staffing, or geographic coverage necessitate the involvement of multiple staffing providers. The document includes comprehensive provisions for worker management, statutory compliance, risk mitigation, and clear delineation of responsibilities between the primary contractor and subcontractor.

1. Parties: Identification of the primary contractor and subcontractor, including registered addresses and company details

2. Background: Context of the agreement, including the primary contractor's relationship with end clients and need for subcontracted staffing services

3. Definitions: Key terms used throughout the agreement, including 'Contract Staff', 'Services', 'End Client', etc.

4. Scope of Services: Detailed description of staffing services to be provided, including recruitment, deployment, and management of contract staff

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Subcontractor Obligations: Key responsibilities including compliance with labor laws, maintenance of licenses, staff management, and reporting

7. Primary Contractor Obligations: Responsibilities including providing necessary information, access, and timely payments

8. Contract Staff Management: Processes for deployment, replacement, performance management, and withdrawal of staff

9. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and statutory payments

10. Statutory Compliance: Compliance requirements under Indian labor laws, including maintenance of registers and records

11. Confidentiality: Protection of confidential information of all parties, including end clients

12. Representations and Warranties: Standard and specific warranties regarding capabilities, licenses, and compliance

13. Indemnification: Mutual indemnification provisions covering statutory compliance, intellectual property, and third-party claims

14. Insurance: Required insurance coverage including workers' compensation and professional liability

15. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

16. General Provisions: Standard boilerplate clauses including notices, assignment, and severability