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Terms of Engagement of Temporary Workers
BETWEEN Dovetail Employment (hereinafter called
the “Employment Business”) AND the Temporary Worker
(hereinafter called the “Temporary Worker”)
1. Definitions
In these terms of engagement the following definition
apply: -
‘the client’ means the person, firm
or corporate body requiring the services of the Temporary
Worker;
‘the assignment’ means the period
during which the Temporary Worker is engaged to render services
to the Client;
References to the singular include the plural
and references to the masculine include the feminine and vice
versa
2. The Contract
a) These Terms constitute a contract for services
between the Employment Business and The Temporary Worker upon
being signed by the Temporary Worker and they govern each
and every assignment undertaken by the Temporary Worker. In
the event of the Temporary Worker declining to accept any
offer of work or not attending work for any reason, no contract
shall exist between the Employment Business and the Temporary
Worker.
b) For the avoidance of doubt, these Terms shall not give
rise to a contract of employment between the Employment Business
and the Temporary Worker.
c) No variation or alterations of these Terms shall be valid
unless approved by the Employment Business in writing.
3. The Employment Business will endeavourer
to obtain suitable assignments for the Temporary Worker to
work.
4. The Temporary Worker acknowledges that it
is in the nature of temporary work that there may be periods
when no suitable work is available and agree (a) that suitability
shall be determined solely by the Employment Business and
(b) that the Employment Business shall incur no liability
towards the Temporary Worker should it fail to offer opportunities
to work in the category specified in (3) above or in any other
company.
5. The Employment Business shall pay to the
Temporary Worker remuneration calculated at a minimum hourly
rate as set by the Employment Business. 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
, Class 1A National Insurance contributions and any other
deductions which the Employment Business may be required by
law to make.
6. 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.
7. For the purposes of calculating entitlement
to leave under this clause, the leave year commences on the
date that the Temporary Worker starts an Assignment or a series
of Assignments.
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.
The amount of payment to which the Temporary
Worker is entitled in respect of paid annual leave is calculated
in accordance with the current positions under the Working
Time Regulations 1998.
i. Where the Temporary Worker wishes to take
any leave to which he is entitled, he should notify the Employment
Business in writing of the dates of his intended absence.
ii. Holiday pay entitlement is calculated on a maximum 35 hour
working week. Where a Temporary Worker works less than these hours
this payment will be made on pro rata basis.
iii. Temporary Workers are not able to carry over days into the new financial year
or claim for days not taken. Therefore Temporary staff must claim their annual leave
entitlement prior to 31 March.
8. The Employment Business may at its discretion
require 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 if such days fall during
an Assignment.
9. The Temporary Worker may be eligible for
Statutory Sick Pay provided that 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.
10. 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
his time sheet duly completed to indicate the number of hours
worked by him during the preceding week (or such lesser period)
and signed by an authorised representative of the Client.
Failure to submit a time sheet for hours worked may delay
payment for those hours.
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
he is carrying out his activities or duties for the Client
as part of the Assignment. Time spent traveling 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.
11. The Temporary Worker is not obliged to
accept any Assignment offered by the Employment Business but
if he does so, during every Assignment and afterwards where
appropriate, he will:–
(a) co-operate with the Client’s staff
and accept the direction, supervision and control of any responsible
person in the Client’s organisation;
(b) observe any relevant rules and regulations
of the Client’s establishment to which attention has
been drawn or which the Temporary Worker might reasonably
be expected to ascertain;
(c) unless arrangements have been made to the
contrary, conform to the normal hours of work in force at
the Client’s establishment;
(d) take all reasonable steps to safeguard
his own safety and the safety of any other person who may
be present or affected by his actions on the Assignment and
comply with the health and safety policies of the Client;
(e) not engage in any conduct detrimental to
the interests of the Client;
(f) not at any time divulge to any person,
nor use for his 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 he should
inform the client or the employment business within one hour
of the commencement of the assignment or shift.
12. The Employment Business or the Client may,
without prior notice or liability, terminate the Temporary
Worker’s Assignment at any time.
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 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 unless the Temporary Worker can show that exceptional
circumstances prevented him from informing the Employment
Business.
13. 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.
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