Contract agreements for a project between the government`s contracting authority and the private project dealer/company may be included in a single document or may contain more than one separate document. It is difficult to generalize all the possible content of these agreements, as they vary from country to country, the nature and nature of the ppp, the type of ppp, the modalities of public sector integration, implementation agreements (including financial issues), operational and sectoral use of resources, technology and other issues. However, some key elements are supposed to be addressed in most contractual agreements. It`s a good idea when the first section describes the background and purpose of the contract. What measures are being considered by the parties under the treaty? This allows a third party (for example. B a court) to understand the different parts of the contract. When a dispute arises, it is always best to try to reach an agreement, as resolving the dispute in court or through arbitration can be costly and often a long process. However, they can also agree in the treaty on mediation, conciliation documents or other alternative forms of dispute resolution. For contracts that involve more than one jurisdiction (international conventions), you should agree on the law of the country (which jurisdiction) to apply in the event of a dispute. If the treaty is constantly using a term that needs to be defined, it is good to do so at the beginning of the treaty. You can also include here questions such as whether earlier versions of the treaty should remain in force or not.
If the parties have other contracts with other parties, it may be indicated here whether or not these previous contracts are affected by the new contract. The contract must indicate the regular schedules. Working time must be in accordance with the Working Time Act and the collective agreement. A fixed-term contract means that the start and end date of the work has been agreed. A fixed-term contract may be entered into for a limited period of time if there are legitimate reasons for doing so. Laws and collective agreements determine precisely when fixed-term contracts can be used. Who is responsible for transportation, insurance, marketing, etc.? Try to think about everything that is important to you in order to fulfill your contractual obligations and reach an agreement on who should do what. What are the responsibilities and powers of each party? A second essential element of the agreement concerns the special and differentiated treatment provisions of Section II of Articles 13-22. These provisions provide implementation flexibility for developing countries (DCs) and least developed countries (LDCs).
Members of DCs and LDCs cannot, when they come into force, be able to comply with the agreement and must implement this capability over time and with external support. Under these provisions, DCs and LDCs will have more time to comply with all provisions and a link will be established between compliance and technical assistance and capacity building. This is the first time that a WTO agreement contains such a link. The reason for this link is that there must be more effective provisions of the S-DT, which not only protect developing countries from their commitments, but also help them build the capacity needed to implement the agreement. A worker is entitled to the same pay for the period of leave as for work. In addition, a leave allowance is paid to an employee. The payment of the leave allowance is governed by the collective agreement.