Condiții de angajare a angajaților
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1. DEFINITIONS
Employee Terms of Engagement
1.1. In these terms of Engagement the following definitions apply:
“Assignment” means the period during which the Temporary Worker is supplied to render service 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 Orchard Professional Solutions
“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.
1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The headings contained in the Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. 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.
2.2. 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 his remuneration in accordance with clause 4.1.
2.3. No variation or alteration of these Terms shall be valid unless the details of such variations 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.
3. ASSIGNMENTS
3.1. The Employment Business will endeavor to obtain suitable Assignments for the Temporary Worker. The Temporary Worker shall not be obliged to accept an Assignment offered by the Employment Business.
3.2. The Temporary Workers acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that suitability shall be determined solely by the Employment Business; and 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.
3.3. 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 know to the Client 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 professional body the client considers necessary or which are required by law to work in the Assignment
3.4. Where such information is not given in paper form or be 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 has previously been supplied within the previous five business days and such information has already been given to the Temporary Worker.
3.5. 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 1st October 1998 or date on which the Temporary Worker commences the first Assignment, if later
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 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 other 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.
4. REMUNERATION
4.1 The Employment Business shall pay to the Temporary Worker Remuneration calculated at a minimum hourly rate based on your age, according to the National Minimum Wage. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment to be paid weekly in arrears, subject to deductions in respect of PAYE, CIS 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.
4.2. 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 for spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
5. STATUTORY LEAVE
5.1. For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under the clause, the leave year commences on 1st day of October.
5.2. Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks (PAYE ONLY) paid leave per leave year. All entitlements 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.
5.3. Entitlement to paid leave accrues in proportion to the amount of time worked continuously by the Temporary Worker in Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of paid annual leave is calculated in accordance with and in proportion to the number of hours he works on Assignment. Payments for annual leave will be calculated on the basis of rates paid during a Client’s normal working hours including Overtime.
5.4. In the course of any assignment during the first leave year the Temporary Worker is entitled to request at a rate of one-twelfth of hos holiday entitlement in each month of his leave year. 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. The amount of notice that the Temporary Worker is required to give should be at least twice the length of the period of leave that he wishes to take.
5.5. Where a Bank Holiday or other Public Holiday falls during an Assignment and the Temporary Worker does not work on that day, the Public Holiday shall count as part of the Temporary Worker’s paid annual leave entitlement.
5.6. Where either party terminates this contract and a P45 is requested, the Temporary Worker shall be entitled to payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with clause 5.3 above.
5.7. None of the provision of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
6. SICKNESS ABSENCE
6.1. The Temporary Worker may be eligible for Statutory Sick Pay provided that he meets the relevant statutory criteria.
6.2. 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.
7. TIMESHEETS
7.1. 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 timesheet 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.
7.2. 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
7.3. Where the Temporary Worker fails to submit a properly authenticated timesheet 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.
7.4. For the avoidance of doubt and 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 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.
8. CONDUCT OF ASSIGNMENTS
8.1. 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) Cooperate with the Client’s staff and accept the direction, supervision and control of any responsible
person in the Client’s organization;
(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’ employee, business affairs, transactions or finances.
8.2. If the Temporary Worker is unable for any reason to attend work during an Assignment he should inform the Client or the Employment Business within one hour of the commencement of the assignment of shift
8.3. If either before or during the course of the 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.
9. TERMINATION
9.1. The Employment Business or the Client may, without prior notice or liability, terminate the Temporary Worker’s Assignment at any time
9.2. The Temporary Worker may terminate an Assignment at any time without prior notice or liability
9.3. If the Temporary Worker does not inform the Client or the Employment Business in accordance with clause 8.2. 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 shoe that exceptional circumstances prevented him from complying with clause 8.2.
9.4. If the Temporary Worker is absent during the course of the Assignment and the contract has not been otherwise terminated, 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.
9.5. If the Temporary Worker does not report to the Employment Business to notify his availability for work for a period of 3 weeks, the Employment Business will forward his P45 to his last known address.
10. LAW
10.1. These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England.