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A. CONTRACT FOR SERVICES FOR
TEMPORARY WORKERS
(TERMS OF ENGAGEMENT)
DEFINITIONS
In these Terms of Engagement the following definitions apply: –
“Assignment” means the period during which the Temporary Worker
is supplied to render services to the Client;
“Client” means the person, firm or corporate body requiring
the services of the Temporary Worker together with any subsidiary or associated
company as defined by the Companies Act 1985;
“Employment Business” means Elite Recruitment Solutions Ltd.
Of 17/18 Abbey Green Nuneaton CV11 5DR;
“Temporary Worker” means «CandFirstName» «CandLastName».
“Relevant Period” means the longer period of either 14 weeks
from the first day on which the Temporary Worker worked for the Client,
or 8 weeks from the day after the Temporary Worker was last supplied by
the Employment Business to the Client.
Unless the context otherwise requires, references to the singular include
the plural.
The headings contained in these Terms are for convenience only and do
not affect their interpretation.
THE CONTRACT
These Terms constitute a contract for services between the Employment
Business and the Temporary Worker and they govern all Assignments undertaken
by the Temporary Worker. However, no contract shall exist between the
Employment Business and the Temporary Worker between Assignments.
For the avoidance of doubt, these Terms shall not give rise to a contract
of employment between the Employment Business and the Temporary Worker.
The Temporary Worker is engaged as a self-employed worker, although the
Employment Business is required to make statutory deductions from the
Temporary Worker’s remuneration in accordance with clause 4.1.
No variation or alteration to these Terms shall be valid unless the details
of such variation are agreed between the Employment Business and the Temporary
Worker and set out in writing and a copy of the varied terms is given
to the Temporary Worker stating the date on or after which such varied
terms shall apply.
ASSIGNMENTS
The Employment Business will endeavour to obtain suitable Assignments
for the Temporary Worker to work in the CV/Skills specified during initial
interviews. The Temporary Worker shall not be obliged to accept an Assignment
offered by the Employment Business.
The Temporary Worker acknowledges that the nature of temporary work means
that there may be periods when no suitable work is available and agrees:
that the suitability of the work to be offered shall be determined solely
by the Employment Business; that the Employment Business shall incur no
liability to the Temporary Worker should it fail to offer opportunities
to work in the above category or in any other category; and that no contract
shall exist between the Temporary Worker and the Employment Business during
periods when the Temporary Worker is not working on an Assignment.
At the same time as an Assignment is offered to the Temporary Worker the
Employment Business shall inform the Temporary Worker of the identity
of the Client, and if applicable the nature of their business; the date
the work is to commence and the duration or likely duration of the work;
the type of work, location and hours during which the Temporary Worker
would be required to work; the rate of remuneration that will be paid
and any expenses payable by or to the Temporary Worker; and any risks
to health and safety known to the Client in relation to the Assignment
and the steps the Client has taken to prevent or control such risks. In
addition the Employment Business shall inform the Temporary Worker what
experience, training, qualifications and any authorisation required by
law or a professional body the Client considers necessary or which are
required by law to work in the Assignment.
Where such information is not given in paper form or by electronic means
it shall be confirmed by such means by the end of the third business day
(excluding Saturday, Sunday and any public or Bank holiday) following
save where the Temporary Worker is being offered an Assignment in the
same position as one in which the Temporary Worker had previously been
supplied within the previous five business days and such information has
already been given to the Temporary Worker.
For the purpose of calculating the average number of weekly hours worked
by the Temporary Worker on an Assignment, the start date for the relevant
averaging period under the Working Time Regulations shall be the date
on which the Temporary Worker commences the first Assignment.
3.6 If, before the first Assignment, during the course of an Assignment
or within the Relevant Period the Client wishes to employ the Temporary
Worker direct or through another employment business, the Temporary Worker
acknowledges that the Employment Business will be entitled either to charge
the Client a fee or to agree an extension of the hiring period with the
Client at the end of which the Temporary Worker may be engaged directly
by the Client or through another employment business without further charge
to the Client. In addition the Employment Business will be entitled to
charge a fee to the Client if the Client introduces the Temporary Worker
to a third party who subsequently engages the Temporary Worker within
the Relevant Period.
REMUNERATION
The Employment Business shall pay to the Temporary Worker remuneration
calculated at a minimum hourly rate of £4.50 being the minimum rate
of remuneration that the Employment Business reasonably expects to achieve,
for all hours worked. The actual rate will be notified on a per Assignment
basis, for each hour worked during an Assignment (to the nearest quarter
hour) to be paid weekly in arrears, subject to deductions in respect of
PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions)
Act 2003 and Class 1 National Insurance Contributions and any other deductions
which the Employment Business may be required by law to make.
Subject to any statutory entitlement under the relevant legislation, the
Temporary Worker is not entitled to receive payment from the Employment
Business or Clients for time not spent on Assignment, whether in respect
of holidays, illness or absence for any other reason unless otherwise
agreed.
STATUTORY LEAVE
For the purposes of calculating entitlement to paid annual leave
pursuant to Working Time Regulations 1998 under this clause, the leave
year commences on 31st day of March.
Under the Working Time Regulations 1998, the Temporary Worker is entitled
to 4 weeks’ paid leave per leave year. All entitlement to leave
must be taken during the course of the leave year in which it accrues
and none may be carried forward to the next year.
Where a Temporary Worker wishes to take paid leave during the course of
an assignment s/he should notify the Employment Business of the dates
of his/her intended absence giving notice of at least 2 weeks that s/he
wishes to take. In certain circumstances the Employment Business may give
counter-notice to the Temporary Worker to postpone or reduce the amount
of leave that the Temporary Worker wishes to take and in such circumstances
the Employment Business will inform the Temporary Worker in writing giving
at least the same length of notice as the period of leave that has been
requested.
Entitlement to payment for leave accrues in proportion to the amount of
time worked continuously by the Temporary Worker on Assignment during
the leave year. The amount of payment which the Temporary Worker will
receive in respect of periods of annual leave taken during the course
of an Assignment will be calculated in accordance with and paid in proportion
to the number of hours which the Temporary Worker has worked on Assignment.
Payments for annual leave will be calculated on the basis of rates paid
during the Client’s normal working hours i.e. those which do not
attract overtime rates of pay.
5.5 In the course of any Assignment during the first leave year the Temporary
Worker is entitled to request leave at the rate of one-twelfth of the
Temporary Worker’s total holiday entitlement in each month of the
leave year.
Where a Bank holiday or other public holiday falls during an Assignment
the Employment Business may at its discretion request the Temporary Worker
upon giving one week’s notice to take a Bank holiday or other public
holiday as part of his paid annual leave entitlement.
5.7 Where this contract is terminated by either party and a P45 is requested,
the Temporary Worker shall be entitled to a payment in lieu of any untaken
leave where the amount of leave taken is less than the amount accrued
in accordance with clause 5.4 above
5.8 None of the provisions of this clause regarding the statutory entitlement
to paid leave shall affect the Temporary Worker’s status as a self-employed
worker.
SICKNESS ABSENCE
The Temporary Worker may be eligible for Statutory Sick Pay provided
that s/he meets the relevant statutory criteria.
For the purposes of the Statutory Sick Pay scheme there is one qualifying
day per week during the course of an assignment and that qualifying day
shall be the Wednesday in every week.
TIME SHEETS
At the end of each week of an Assignment (or at the end of the
Assignment where it is for a period of one week or less or is completed
before the end of a week) the Temporary Worker shall deliver to the Employment
Business a time sheet duly completed to indicate the number of hours worked
during the preceding week (or such lesser period) and signed by an authorised
representative of the Client.
Subject to clause 7.3 The Employment Business shall pay the Temporary
Worker for all hours worked regardless of whether the Employment Business
has received payment from the Client for those hours.
Where the Temporary Worker fails to submit a properly authenticated time
sheet the Employment Business shall, in a timely fashion, conduct further
investigations into the hours claimed by the Temporary Worker and the
reasons that the Client has refused to sign a timesheet in respect of
those hours. This may delay any payment due to the Temporary Worker. The
Employment Business shall make no payment to the Temporary Worker for
hours not worked.
For the avoidance of doubt and for the purposes of the Working Time Regulations,
the Temporary Worker’s working time shall only consist of those
periods during which s/he is carrying out activities or duties for the
Client as part of the Assignment. Time spent travelling to the Client’s
premises; lunch breaks and other rest breaks shall not count as part of
the Temporary Worker’s working time for these purposes.
CONDUCT OF ASSIGNMENTS
The Temporary Worker is not obliged to accept any Assignment offered by
the Employment Business but if s/he does so, during every Assignment and
afterwards where appropriate, s/he will:–
Co-operate with the Client’s reasonable instructions and accept
the direction, supervision and control of any responsible person in the
Client’s organisation;
Observe any relevant rules and regulations of the Client’s establishment
(including normal hours of work) to which attention has been drawn or
which the Temporary Worker might reasonably be expected to ascertain;
Take all reasonable steps to safeguard his or her own health and safety
and that of any other person who may be present or be affected by his
or her actions on the Assignment and comply with the Health and Safety
policies and procedures of the Client;
Not engage in any conduct detrimental to the interests of the Client;
Not at any time divulge to any person, nor use for his or her own or any
other person’s benefit, any confidential information relating to
the Client’s or the Employment Business’ employees, business
affairs, transactions or finances.
If the Temporary Worker is unable for any reason to attend work during
the course of an Assignment s/he should inform the Client and/or the Employment
Business within one hour of the commencement of the Assignment or shift.
If, either before or during the course of an Assignment, the Temporary
Worker becomes aware of any reason why he may not be suitable for an Assignment,
he shall notify the Employment Business without delay.
TERMINATION
The Employment Business or the Client may terminate the Temporary
Worker’s Assignment at any time without prior notice or liability.
The Temporary Worker may terminate an Assignment at any time without prior
notice or liability.
If the Temporary Worker does not inform the Client or the Employment Business
[in accordance with clause 9.2] should they be unable to attend work during
the course of an assignment this will be treated as termination of the
assignment by the Temporary Worker in accordance with clause 9.2 unless
the Temporary Worker can show that exceptional circumstances prevented
him or her from complying with clause 9.2.}
If the Temporary Worker is absent during the course of an assignment and
the contract has not been otherwise terminated under clauses 9.1, 9.2
or 9.3 above the employment business will be entitled to terminate the
contract in accordance with clause 9.1 if the work to which the absent
worker was assigned is no longer available for the Temporary Worker.
If the Temporary Worker does not report to the Employment Business to
notify his availability for work for a period of three weeks, the Employment
Business will forward his P45 to his last known address.
LAW
These Terms are governed by the law of England & Wales and
are subject to the exclusive jurisdiction of the Courts of England &
Wales
48 HOUR OPT OUT AGREEMENT
For use with Terms of Engagement of Temporary Workers
DEFINITIONS
In this Agreement the following definitions apply:-
“Assignment” means the period during which the Worker is engaged to render services to the Client;
“Client” means the person, firm or corporate body engaging the services of the Worker;
“Employment Business” means Elite Recruitment Solutions Ltd. of 17-18 Abbey Green Nuneaton CV11 5DR;
“Temporary Worker” means «CandFirstName» «CandLastName»
“Working Week” means an average of 48 hours each week calculated over a 17-week reference period.
References to the singular include the plural and references to the masculine include the feminine and vice versa.
The headings contained in this Agreement are for convenience only and do not affect their interpretation.
RESTRICTION
The Working Time Regulations 1998 provide that the Temporary Worker shall
not work on an Assignment with the Client in excess of the Working Week
unless he agrees in writing that this limit should not apply.
CONSENT
The Temporary Worker hereby agrees that the Working Week limit shall not apply to the Assignment.
WITHDRAWAL OF CONSENT
The Temporary Worker may end this Agreement by giving the Employment Business [specify period] notice in writing.
For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by the Temporary Worker of an Assignment with a Client.
Upon the expiry of the notice period set out in clause 4.1 the Working Week limit shall apply with immediate effect.
THE LAW
These Terms are governed by the law of England & Wales and are subject
to the exclusive jurisdiction of the Court of England & Wales
Thankyou for joining
Elite Recruitment Solutions Ltd.
Our Contact numbers are : 024 7674 7000
Our office opening hours are
9.00am – 5.00pm Mon – Fri
Out of office hours the telephone is manned by a consultant on 024 7674
7000, this is to be used in the case of emergencies only or if you are
unable to attend a shift the following morning. Please do not ring this
number for any other matters.
Notification of non-attendance
You must at all times notify Elite Recruitment Solutions if you unable
to attend work or if you are running late for work. Failure to do so will
result in any hours worked being paid at minimum wage level in force at
the time of none attendance per hour on all hours worked in that week.
When ringing if you hear an answer machine message then please leave clearly
your name, place of work and a contact number and a consultant will ring
you back as soon as he/she receives your message.
Error in Wages
We ensure that candidates are paid on time every time, but on occasions
when leaving this to a third party source (banks) mistakes are likely
to be made, we will try to solve pay issues as quickly as possible with
the least amount of inconvenience to yourselves. In some circumstances
though this is impossible and can only be investigated during normal office
opening hours. Please bear in mind that pay queries outside office hours
are difficult to resolve due to the lack of information availabe at the
time.
Transport
Elite Recruitment supply transport on some of our assignments, please
note that this service is not compulsory and is an additional service
we provide. Our top priority is to get candidates to work on time, this
may at times result in transport being late to pick up candidates at the
end of the shifts, we will not be held responsible for lateness, but it
is important you are made aware if you as a candidate are kept waiting
once your shift has finished.
If you are unwell and have failed to inform a consultant at least giving
12 hours notice then you shall be charged for the transport as normal.
Our costs to cover insurance, service of vehicles, wear and tear of the
vehicle, drivers costs are £3.00 per day, per person if driving
in excess of 15 miles one way you will be charged £5.00 per day.
No smoking, drinking or eating is allowed on any vehicles, if a candiate is found to disobey these orders then the costs for a full valet will be charged to the individual concerned. These monies wil be deducted from your wages, please ensure you are fully aware as vehicles are leased from outside parties and must be maintained to high standards.
Sick or Dismissed
If you are sick or dismissed from work you will be picked up at the end of the shift and not before. If you wish to be picked up earlier then we can either arrange a taxi at a cost to yourself or send a driver at a cost for the entire journey to yourself.
Partshifts
If you leave your assignement before the end of the shift or behave in such a manner that you are asked to leave the site then we will not pay for part shifts completed and the remainder of your work carried out will be paid at at minimum wage level in force at the time of none attendance per hour on all hours worked in that week.
Tel: (024) 7674
7000 Fax: (024) 7674 7001
www.eliters.co.uk
info@eliters.co.uk |
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