Terms of business and assignment of temporary workers (May08)
This
document represents a contract between:
(a)
Outback agency, its representatives otherwise know as the company,
we, us, employment business; and
(b)
You………………………………………….(The
temporary worker)
This contract has definitions
as follows.
Section 1
Definitions
In this document the following definitions apply. Assignment
by us means the assignment of the temporary worker to the company and its client, for which the temporary worker will be provided
with a notice of assignment, by email, fax, or post following verbal and oral acceptance by the temporary worker.
Notice of assignment, means the letter, email, or fax from us to the
temporary worker notifying you of the details of the relevant assignment (which may be following an oral acceptance of the
assignment by the temporary worker) from the company.
Client will mean, the company, organisation, or other such representative who has notified us of their requirement
for a temporary worker. This client shall be contained in the Notice of assignment.
This client shall be named in the time sheet for the temporary worker.
Section 2
Provision of services
This agreement governs all assignments under which
the temporary worker provides his/her services to us and its client.
The temporary worker is under no obligation to accept any assignment which may from time to time be offered to him/her
by us. On acceptance of a notice of assignment his/she will supply the services to us and the client in
accordance with instructions given on the notice of assignment.
Throughout the validity period of this agreement, you will be employed by us under a contract for services with the
employment business. For the avoidance of doubt this does not entitle you to a contract of employment,
sick pay, holiday pay or any other kind of reimbursement from us or the client other than that which it is agreed you will
be paid upon a daily basis for your service.
You
acknowledge by acceptance of our registration process that there may be periods when no suitable work is available for you,
and agree your suitability for a particular assignment shall be determined solely by the employment business after taking
into consideration factors of personal information provided, skills available as provided, geographical location as provided,
the daily rate of pay required as provided.
We
the company shall incur no liability to the temporary worker for not being able to make available to the temporary worker
any assignment. We the company shall incur no liability to the temporary worker for sporadic or inconsistent
notifications of assignment. We the company shall incur no liability to the temporary worker to provide
the temporary worker with any type of notice of assignment.
The temporary worker agrees and accepts that the company is not liable to the temporary worker.
The temporary worker shall give 14 days written notice of his/her
termination of this agreement.
The
company shall give 14 days written notice of his/her termination of this agreement. The company reserves
the right to retain as private and confidential to the company its reason for termination of this agreement.
The temporary worker agrees that, if the client wishes to employ the
temporary worker on a permanent basis (or where the temporary worker is introduced to a third party client by the client)
then the temporary worker will be liable to the company to pay the registration fee that will enable the company to discharge
its liability of costs in connection with the introduction. This charge is currently £500.00. Payable
from the temporary worker to the company within 14 days of demand.
Following such introduction or invitation by the client to the temporary worker which is thereafter accepted by the
temporary worker, then this agreement will become null and void with no obligation by the company to fulfil its obligations
to the temporary worker as set out within this agreement.
Section 3
Undertaking
The temporary worker in agreeing to accept this agreement does so on the understanding
from them that the personal information supplied to us the employment business including, but not limited to details of identity,
career information, professional and academic qualifications, health status, criminal record disclosure and eligibility to
work in the UK is in fact entirely accurate
and correct. The temporary worker hereafter agrees to notify the company in writing of any material
change to this information deemed relevant or not, including renewal of expired or lost and stolen documentation, the temporary
worker is also to provide such other additional information that may affect this agreement or notice of assignment as deemed
necessary.
The temporary worker agrees
to the undertaking to cooperate with the clients staff or appointed representative and accept all direct and indirect instruction
from the client in the exercising the duties bestowed upon them as part of the notice of assignment.
The temporary worker agrees to abide by the health and safety policy
of the client and to take all reasonable steps and precaution to safeguard his/her own safety and the safety of any other
person who may be affected by your actions.
The
temporary worker agrees not to engage or become engaged or invite or be invited in any conduct that is detrimental, defamatory,
needless, and criminal or otherwise that may affect or cause harm to the client or the company.
The temporary worker is to comply with the clients relevant policies
and procedures to which their attentions has been directed by the client or might have reasonably been expected to ascertain
whilst exercising the duties of the notice of assignment.
The temporary worker is not to unreasonably withhold their consent to sign any relevant documents that the client
may require in order to satisfy the audit and procedures of the client in the matters of health and safety, criminal record
checking or other such procedure that the client may have cause to affect for the purpose of duty of care and due diligence
of their business activities.
Section 4
Rates of pay
We shall pay the temporary worker weekly in arrears
the basic rate specified in the relevant notice of assignment valid at the time of execution. This
pay shall be for each hour worked for to the client. Such pay shall not include sick pay, breaks for tea,
lunch, or rest and shall not include holiday pay or reimbursement of costs unless expressly agreed in writing by the client
to the company.
This rate of pay shall
be that selected by the temporary worker during the website or other such registration process used by this company and shall
not be altered or changed without prior agreement and acceptance of us the employment business. Where
less than the specified hours are worked in a given period not exceeding 8 hours the temporary worker will be paid pro rata
each hour worked and signed as worked by the client representative.
We shall deduct from the gross rate of pay all taxes and insurance contributions due from you in performance of the
contract for services and provide to you a payslip indicating all deductions made.
Such deductions by the company of the pay to the temporary worker shall be entirely consistent as required by the
law including specific legislation governing the tax treatment of workers assigned by the company. These
laws shall be those as set down by Her majesty’s Revenue and Customs or such authority thereafter acting in the same
capacity.
The temporary worker agrees
that the rate of pay includes for all costs associated with travel to and from their place of work as set out in the notice
of assignment and that no reimbursement shall be deemed due and payable by the company.
Where the temporary worker performs overtime the following rates of
pro rata payment reimbursement shall apply.
After
8 continuous hours the rate will be calculated on 1.25% of the agreed daily rate between the hours of 6.00pm and 11.59pm. Monday to Friday.
After
8 continuous hours the rate will be calculated on 1.75% of the agreed daily rate between the hours of 12.00midnight and 7.59am Monday to Friday.
After 8 continuous hours the rate will be calculated on 1.50% of the agreed daily
rate between the hours of 6.00p and 11.59pm
on a Saturday.
After 8 continuous
hours the rate will be calculated on 1.75% of the agreed daily rate between the hours of 12.00midnight and 7.59am on a Sunday.
After 8 continuous hours the rate will be calculated on 2% of the agreed daily rate between the
hours of 8.00am and 5.00pm on a Sunday.
Outback agency reserve the right to amend and modify these rates without prior notice and the temporary worker is
to refer to the website or notice of assignment for an updated percentage scale of payment pro rata for
overtime working.
To the extent permitted
by law, and without prejudice to any other legal remedy which the employment business may have, the temporary worker consents
to the deduction from any sums owed to them by the company to the temporary worker. This may occur from
time to time, any sums owed from time to time by the temporary worker to the employment business (which may include overpayment
by the company) to the temporary worker and the recovery of the costs incurred by the company as a result of this breach in
the agreement by the temporary worker.
Section
5
Time Sheets
At the end of each week or at intervals during the course of the working
week the temporary worker shall deliver to the client a time sheet as disclosure and agreement to the amount of hours work
performed by the temporary worker to the client. These sheets can be made available by post and at
least 2 copies will be sent with the notice of assignment and further additional copies can be downloaded from the website.
(see More/Forms) on the website.
Each
time sheet must be signed by the temporary worker and the representative on behalf of the client to authenticate the amount
days and hours worked and payable by the client to us.
Each time sheet must be dated where provided for.
The sheet once agreed by both the temporary worker and the client must be delivered to our office no later than 6.00pm on the Friday of the week to which the timesheet
refers. Time sheets received after this time limitation will be treated as being received by the company
by 6.00pm of the Friday of the week after
the works by the temporary worker were performed.
Failure to complete in full the time sheet as described above may invalidate your time sheet claim and delay payment
under the terms described above.
Section
6
Unavailability for assignment
If for any reason the temporary worker is
unavailable to fulfil an assignment obligation, then he/she shall notify in the first instance the client by email, fax, or
telephone message. In the second instance the temporary worker must notify the company by email, fax or
telephone between the hours of 8.30am until
5.00pm Monday to Friday inclusive.
Such notification to either the client or the company of your unavailability for work must be advised no later than
10.00am on the day/date of unavailability.
Section 7
Statutory leave
Under the current working time regulations act
1998 and the annual leave (amendment to working time legislation) regulations 2007, the temporary worker is entitled pro rata
to 24 days leave inclusive of bank and public holidays, such costs in connection with this leave are calculated to have been
included for within the agreed daily rate and no claim is accepted by the company or the client for payment to the temporary
worker for actual physical days not worked and taken as statutory leave.
All entitlement to leave must be taken during the course of the fiscal year commencing 1st April and ending
31st March. No entitlement can be carried over into the next fiscal year.
Failure to take any holiday entitlement by the temporary worker within the fiscal year will result in the entitlement
being forfeited.
Statutory holiday pay
has been included (allowed) for pro rata in your given rate of pay for your assignment and as per that which you have indicated
is your preferred rate of pay given by you to us in the registration process.
Statutory leave must be booked and/or notified to the company in writing no less than 90 days prior to either the
first day of travel and/or the first day of leave required. It is at the sole discretion of the company
as to whether or not approval is given to the temporary worker to take the leave, and the temporary worker will be required
in the event that a notice of leave is given within less than 90 days to accept the decision of the company in full.
A notice of leave application form is available on the website
to download (see More/Forms) and modify as required, and submit to the company. In all events please make
a second copy of your request for future reference.
Section 8
Maximum working week
The working time regulations 1998 provide that
the temporary worker shall not work in excess of the working week unless he or she agrees in writing that this limit should
not apply. For this purpose the “working week” means an average of 48 hours each week calculated
by reference to a 17 week period of reference.
The
temporary worker agrees that the above working week limit shall apply to any assignment, on the understanding that such agreement
may be withdrawn at any time on the provision of three months prior written notice to the company.
If you the temporary worker wishes to withdraw consent to work in
excess of the working week, then you must inform us and the client at the beginning of the notice of assignment.
Section 9
Confidentiality
The temporary worker shall not at any time divulge
to any person, nor use for his/her own or any other persons benefit, any information relating to the procedures of either
the company or the client.
The temporary worker shall
not at any time divulge to any person, nor use for his/her own or any other persons benefit, any financial information of
either the company or the client.
The
temporary worker shall not at any time divulge to any person, nor use for his/her own or any other persons benefit, any names,
addresses or contact numbers of the client.
Upon
termination of the assignment or this agreement the temporary worker shall within 48 hours deliver to the company all books,
documents, papers, materials and other property in whatever form being in any form and belonging to either the company or
the client.
Section 10
Tools of the trade
The temporary worker shall be required as
part of their availability ensure that they have in their possession all suitable and efficient personal protective equipment
for their own self protection whilst fulfilling the duties of the assignment. This shall require
the temporary worker to have in his/her possession as minimum suitable hard footwear, high visibility vest, protective goggles,
protective gloves, hard hat.
The temporary worker shall assess in advance the task required of them in the performance of the
assignment and request such additional extraordinary protection from the client in the fulfilment of their duty of care under
the construction design and management regulations and as per the current HSE guidelines.
The
temporary work shall possess the tool kit required in order to perform the duties to which they have been assigned.
Such tools shall be contained within their provided carriers and maintained and PAT tested on a regular basis where
these tools are electrically operated. The temporary worker is responsible to himself and others
to ensure that their tools are fit for purpose. The temporary worker is advised that at no time should
he/she lend or loan their personal tool kit to any other person.
Section 11
Intellectual property
All intellectual property rights that are created
pursuant to this agreement or that arise from it shall, immediately upon creation, become the property of the company.
All other moral or other rights that may exist in such materials shall be waived.
Section 12
Loss
Notwithstanding any other provision of this agreement, but subject
to the clauses below, the company shall not be liable to the temporary worker arising out of or in connection with this agreement
and/or the provision of (or any delay in providing or failure to provide) the assignment for (i) any loss of or damage to
profit, revenue, savings, data, use, contract, goodwill, pay, expenses, reimbursement or business or (ii) any indirect or
consequential loss or damage, in each case howsoever caused or arising, including but not limited to any loss or damage suffered
by reasons of any act or omission of the client.
The
term “howsoever caused and arising” when used in this clause shall be construed widely to cover all causes and
actions giving rise to liability, including but not limited to (i) whether arising by reason or any misrepresentation (whether
made prior to and/or in this agreement), negligence breach of statutory duty, other tort, breach of contract, restitution
or otherwise and (ii) whether arising under any indemnity any (iii) whether caused by any total or partial failure or delay
in the supply of the assignment.
Section
13 Insurance
The temporary worker accepts that loss, damage, or forfeiture shall be an insurable risk by the temporary worker.
The company by this clause gives notice to the temporary worker that the company is not liable to the temporary work
for a) loss of tools, equipment, plant, materials purchased or used by the temporary worker. B) Theft of tools, equipment,
plant, materials purchased or used by the temporary worker. C) Damage to tools, equipment, plant, materials
purchased or used by the temporary worker.
It
is the discretionary,sole and entire responsibility of the temporary worker to ensure that they have to the best of their
knowledge, sought, obtained, considered and purchased an adequate insurance policy to cover them for any event of loss, damage
to tools, equipment, plant, cash in transit, material or any other such peril that may be associated or directly as a consequence
of their performance of this agreement.
The temporary worker agrees to the material fact that they are solely liable for any personal loss, theft or damage
to either their property or that of the client and that they shall maintain adequate insurance in place to cover such event.
The temporary worker agrees that suitable insurance has been sought
and obtained by the temporary worker to cover them in the event of personal injury to either themselves or a third party.
Section 14
Changes of circumstance
The temporary worker hereby agrees and accepts
that changes in circumstances shall be communicated and documented to us as and when they occur.
Section 15
Malicious Act and Conduct
The temporary worker offers to agree and abide
by the company code of conduct, which will include but is not limited to: i) Refraining from foul or abusive language ii)
Physical act upon another iii) Failure to comply with byelaws and notices of the client iv) That which may bring either the
company or its clients into disrepute v) Shall not enter or encourage any such action, verbal or otherwise that would be considered
a malicious act in the intent of bringing the company or its clients into disrepute.
Section 16
Health assessment
The temporary worker shall complete in full the
health assessment form found on the website (More/Forms). This assessment shall be considered by
the temporary worker as being an accurate assessment and statement of the temporary workers health and fitness for work on
behalf of the company. The temporary worker accepts that they shall not accept assignment
or notice of assignment from the company if they are aware that their current health status would render them unfit for work.
The temporary worker shall notify the company immediately upon any
change in the stated health assessment form.
Section
17 Agreement
The temporary worker is required to sign, date and agree to this term and condition and/or accept this term and conditions
through the registration process of the website.
Full
first name of the temporary worker
…………………………………………
Second name of the temporary worker
…………………………………………
Surname of the temporary worker
………………………………………….
Date of birth
………………………………..
Place of Birth
………………………………..
Nationality
………………………………..
Date of arrival in the United Kingdom
………………………………..
Country of origin contact
address
……………………………….
……………………………….
………………………………..
………………………………..
Residency address
in the United Kingdom
……………………………….
……………………………….
……………………………….
……………………………….
Mobile telephone contact number
………………………………..
Landline contact number
……………………………….
