Contractor shall, to the maximum extent possible, employ nationals of the Philippines particularly from the immediate vicinity of the Site and shall select such employees on the basis of competence, efficiency, and skill in the various occupations and trades. However, Contractor shall have the right to employ specialized foreign personnel for key positions. Such key personnel shall be able to communicate clearly, both orally and in writing in the English language.
Contractor shall give efficient superintendence to the Works using his best skill and attention, and shall during the execution of the Contract Work, provide a competent full time Contractor's Manager, key technical personnel and necessary assistants.
The Contractor's Manager
shall be his duly authorized representative and shall receive on behalf
of the Contractor directions and instructions from NIA. The designation
of the Contractor's Manager shall be approved in writing by NIA, which
approval may at any time be withdrawn. If such approval is withdrawn, Contractor
shall, as soon as practicable after receiving written notice from NIA,
remove the Contractor's Manager from the Site and shall not thereafter
employ him again on the Site in any capacity and shall promptly replace
him by another Contractor's Manager approved by NIA.
NIA shall be at liberty to object to and require Contractor by written notice to remove forthwith from the Site any other person employed by Contractor in the execution of the Contract Work, who in the opinion of NIA misconducts himself or is incompetent or negligent in the proper performance of his duties or whose employment is otherwise considered by NIA to be undesirable, and such person shall not be again employed without the written permission by NIA.
All expenses associated with
the removal of such Contractor's employee shall be paid by Contractor who
shall save harmless NIA, its officers, agents and employees from any claim
arising from such actions.