A residential complex cleaning contract is a contract that is made between the building owner or his representative and the cleaner. To set up this contract, the parties have the same intention and consent. The first important decision to be made regarding a sample building cleaning contract is whether the contract is in accordance with labor law or regulated by a contractor. If you sign a sample building cleaning contract, you can customize the text of the contract to your full agreement. In this type of contract, the will, as the governing principle, plays a role. This contract can be like a house cleaning contract or other types of cleaning contract Arrange as an employment contract or as a contract. Therefore, depending on the type of contract, how to write it will have different frameworks.
Differences between building cleaning contracting and employment contract
If you use an employment contract to arrange a cleaning contract for a residential complex, you cannot agree against the rules and principles of labor law. In other words, labor law is one of the binding laws for individuals. Any agreement contrary to the provisions of the Labor Law is void and ineffective. For example, if in the example of a building cleaner contract regulated by the labor law, the parties agree that the worker’s salary is less than the amount set by the government and the worker goes to the local labor office, the labor office invalidates the agreement and Will sentence the employer.
Therefore, no agreement will be valid contrary to the provisions of the labor law. In addition, regulating the cleaning contract of a residential complex according to this law will have other requirements, such as worker insurance. Alternatively, if you set up a contract for this business relationship, the contract will be considered based on the will of the parties as a governing and necessary principle. In this case, the building cleaning contract form is fully prepared according to the agreements of the parties and is considered legally valid.
Article 10 and the contract for cleaning the residential complex
You can refer to Article 10 of the Civil Code for this type of contract to be considered valid. The legislator states in this article that private contracts between individuals are fully binding on the parties and they are obliged to act in accordance with the provisions of it. On the other hand, the legislator in this article does not give unlimited freedom to the parties to the apartment cleaning contract but obliges them to comply with other legal provisions. If the parties to the contract agree on a matter that is contrary to the law, the contract will not be valid.
Laws governing this contract
The rules governing the contract will be different depending on whether the sample of the residential complex cleaning contract follows the labor law or is regulated by the contract law. In the first case of the “Labor Law”, the parties are obliged to regulate the employment contract and labor-employer relations in accordance with the Labor Law and the Social Security Law. In the second case of the “contract”, private individuals can adjust the text of the contract based on Article 10 of the Civil Code. According to this article, provided that the law is observed, the parties can agree on different terms.
When the contract for the cleaning of a residential complex is regulated by the provisions of the Labor Law, the parties are required to comply with the provisions of the Labor Law. Some of the most important provisions of the employment contract are:
- Insurance: This is regulated by the Social Security Act.
- Amount of salary received: The base rate of labor office salary is determined annually by the cabinet.
- Leave: The labor law also explains leave. According to the law, a worker can take up to three days of paid leave if he or she is permanently married or when a family member dies.
- Working hours: According to the labor law, the daily activity of the worker to fulfill the obligations arising from the cleaning contract of the apartment is seven hours and twenty minutes. In total, the worker should not work more than 144 hours per week.
- Overtime: According to this law, the employer can assign additional work to the worker subject to two conditions; The first is to obtain his consent and the second is to pay 40% more than the salary he received at that time
The parties to the contract are the building cleaner of the employer and the worker, whose names are written in the text of the contract. Of course, the parties can also conclude the contract orally, which will be difficult to prove. In any case, a sample contract for the cleaning of a residential complex must be signed by persons whom the legislature deems worthy of concluding the contract. Accordingly, individuals under the age of 15 and companies that are bankrupt can not sign a contract. In addition, immigrants can not be employed without a work permit and visa. Also, people under the age of 18 are required to obtain a health certificate before concluding a building cleaning contract, by referring to a doctor trusted by the Social Security Organization. A person who is known as a worker must be a real person.
A real person means ordinary people at the community level. These people are introduced at the time of writing the contract with information such as first and last name, father’s name, national code, address, postal code, and contact number. The employer can also be a natural person or a legal entity. A legal entity in a contract is an institution or company that, as an employer, signs a building cleaning contract. The legal affairs of legal entities are followed up and reviewed by their representatives or lawyers. In the text of the building cleaning contract, this group is introduced with information such as brand, registration code, economic code, CEO name, address, postal code, and contact number. In addition, the details and identity of the representative or lawyer are also written in the text of the contract.
This contract is between a factory …………… a subsidiary of a public joint-stock company …………. And …………… to registration number ……… Economic Code …………… on behalf of Engineer ……………. (Factory management) to the address ……………… which is hereinafter referred to as the employer in this contract on the one hand and Mr. …………… child ……………… to the identity card number …………… to the address از ……… .. Alley …………… .. Plate ………………, hereinafter referred to as the Contractor in this Contract, shall be concluded on the other hand as follows.
Article 1) The subject of the contract
It is the cleaning of the premises and facilities and different floors of the building of raw materials according to the attached plan, which includes the highest levels, including the following:
Article 2) Duration of the contract
It is determined from 1 to .. for one solar year and all previous agreements and contracts in this regard with the contractor are void.
Article 3) The amount of the contract
In return for performing the contracted works by the contractor, for each month of performing the work, 4 Rials, which is the amount of 2 Rials for the contract period.
قرارداد The contract amount is paid for the salary and the amount ……………………… is determined for the purchase of work clothes and work accessories.
Note 1: At the end of the contract, if the parties agree to continue the contract (contract extension), the new amount will be determined taking into account the decision of the High Council of Labor and Social Affairs and for each person of the contractor.
Note 2: If the quality of services provided by the contractor is less than 2 .. by the relevant supervisor is considered the contractor’s fee in that month in proportion to the percentage of quality provided.
Note 3: The cost of tools, equipment and work clothes, all legal rights of wages, housing rights, children’s rights, Eid, the redemption of services, the redemption of leave, daily milk, profit of the contractor and personnel employed in the calculations, and the factory has another obligation to There will be no related costs.
Article 4) Payment method
The fee subject to the contract will be paid at the end of each month for the contractor to submit a status report after the contract supervisor approves and sends a copy to the business stating that the work is of the desired quality and after deducting the legal deduction.
Note 4: According to the contractor’s proposal based on the need of at least …………………. People will be working on the subject of the contract at the moment, but the contractor himself will not be considered as a person. Obviously, from the employer’s point of view, it is only the correct performance of the desired work, not the number of contractor personnel, and if the employer is not satisfied due to lack of personnel or for any reason lack of personnel or for any other reason, the contractor is obliged to add enough personnel to fix the problems. And complete cleaning of the contracted area (without adding the contract amount) and good work will be the criterion.
Article 5) Contract Supervisor
On behalf of the employer, Mr. ………. Manager of Administrative Affairs + Head of Raw Materials Unit of the factory Mr. is appointed as the supervisor of the contract and the contractor is obliged to perform all the works subject to the contract with the supervision and information of the named.
Note 5: The contract supervisor, in turn, appoints individuals within the framework of the supervisory body and each of the departments, and if the approval of the supervisory body and the supervisors is less than 2. With prior notice, the amount of that part of the contract will be paid according to the same percentage of deduction.
Article 6) Legal deductions
6-1- From all the claims of the contractor …………………… will be deducted as a tax subject to Article 104 of the Law on Direct Taxes and will be deposited in the account of the Finance Department.
6-2- From all the claims of the contractor …………………. In addition, one-ninth of the amount of the insurance premium as a deposit to guarantee the payment of the premium as a deposit to guarantee the payment of the premium subject to Article 38 of the Social Security Law will be deducted and will be refunded from the Social Security Organization at the end of the work.
Article 7) Guarantee of good work performance
The contractor issues and delivers check number 3, which is the responsibility of Bank 3, Branch 2, in the amount of 2 Rials in the name of the employer, as a deposit to guarantee the good performance of the work until The end of the contract will be with the employer. Obviously, any damages to the employer due to the interpretation or incorrect and timely implementation of any of the provisions of the contract will be deducted from the said check and other claims of the contractor.
Article 8) Obligations of the contractor
8-1- The contractor is required to observe safety and health issues at work.
8-2- The contractor must oblige its personnel to use safety and health equipment.
8-3- The contractor must comply with the rules and regulations of the employer environment.
8-4- The contractor will not have the right to transfer the contract.
8-5- The contractor is obliged to be present at the factory as soon as possible,
8-6- The contractor is obliged to ensure his employees with the Social Security Organization and submit the relevant declaration to the employer.
8-7- Providing all tools and equipment required for the implementation of the contract is the responsibility of the contractor.
8-8- The contractor is obliged to observe the labor rules and regulations of the Islamic Republic.
8-9- The contractor is obliged to pay attention to the provisions of Article 13 of the Labor Law and to observe the labor and social affairs laws regarding his personnel.
Article 9) Other terms of the contract
9-1- If during the implementation period of the contract the contractor does not act in time to perform the contract and causes interruption in the work, the employer directly estimates the removal of the obstacle and the relevant costs and adds 20% to the contractor’s account. Will. Obviously, the repetition of the case will cause damages according to the terms of the contract, and in case of repetition of the case, the contract can be terminated after two times the supervisor announces the opinion and a written warning by the employer.
9-2- The time of cleaning work should start and continue in accordance with the working hours of the factory from 7:00 AM and after office hours, it is possible to do the work in coordination with the supervisor and relevant units to control entry and exit.
9-3- Collecting materials and waste parts of the site in a suitable place determined by the employer is the responsibility of the contractor.
9-4- The contractor and the personnel under his command are required to observe the safety materials of the workshop and in case of observing any violation commensurate with non-safety cases, a percentage of the amount of quality of work will be deducted.
9-5- The contractor must obtain the necessary permit for the entry and exit of the employees and the people under his coverage through the commercial and administrative part of the factory and apply for the entry and exit permit through the inspection by a certain deadline.
9-6- The contractor is obliged to provide uniforms, necessarily with a different color from the color of the factory workers’ clothes and the logo of the relevant contractor, and the workers are required to wear and use the above clothes. (And if it is observed, 5% (five percent) will be deducted from the contract amount).
9-7- At the time of settlement at the end of the contract, the contractor is required to provide individual settlement of his staff and it will not be possible without a settlement with the contractor.
9-8- According to the provisions of the contract, the contractor will not be paid overtime by the factory to perform the subject of the contract, because in calculating the amount of the required overtime contract, the contractor is obliged in case of overtime by the personnel under his cover. Pay overtime and the factory is not responsible for their wages and overtime.
9-9- Transportation of contractor workers is the responsibility of the contractor and the employer has no obligation in this regard and only if it is on the road and there is empty capacity, the use of transportation service of factory personnel is unimpeded.
Article 10) Termination of the contract
If the contractor repeatedly interrupts the work during the contract period (at least three times), the employer can terminate the contract unilaterally and calculate and deduct the damages from the contractor’s claims.
Article 11) Dispute resolution
In case of any dispute arising from the interpretation or implementation of any of the provisions of the contract, the dispute will be resolved amicably first, and if the desired result is not achieved, the competent authorities will be referred.
Article 12) Copy of the contract
This contract is regulated in 12 articles, 5 notes, and two copies at the factory ………… .. and each copy will have a single sentence.
, factory manager ………… contractor ……………….