TERMS OF ENGAGEMENT OF
TEMPORARY WORKERS
1
Definitions:
1.1 In
these Terms of Engagement the following definitions apply:
“Assignment” means
the period 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;
“Employment Business” means PSR Agency
Limited of
“Temporary Worker” means and refers
to the person named on the
line below and who has signed these Terms;
“Working Week” means
an average of 48 hours each week calculated over a 17 week reference period.
Temporary Worker:
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 these 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 approved by the Employment
Business in writing.
3
Assignments
3.1
The Employment
Business will endeavour to obtain suitable Assignments for the Temporary Worker
to work as a Temporary Operator.
3.2
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 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 as a Temporary Operator or any other job.
3.3
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 October 1st 1998 or the date on
which the Temporary Worker commences the first Assignment, if later.
4
Remuneration
4.1
The Employment
Business shall pay the Temporary Worker a minimum hourly remuneration
calculated at the current minimum wage (as defined in the Minimum Wage
Legislation). 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 1 National Insurance Contributions and
Income Tax pursuant to S134 of the Income and Corporation Taxes Act 1988 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 Client for time
not 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 leave under this clause, the leave year
commences on 1st October or, if later, on the date that the
Temporary Worker starts an Assignment or a series of Assignments which last for
a period of 13 weeks or more.
5.2
Under the
Working Time Regulations 1998, the Temporary Worker is entitled to 3 weeks’
paid leave per year. From
5.3
The right to
paid leave only accrues once the Temporary Worker has been engaged on Assignments
through the Employment Business for a continuous period of 13 weeks. After that time, entitlement to leave accrues
in proportion to the amount of time worked continuously by the Temporary Worker
on Assignment during the leave year.
Payment in respect of the entitlement to paid leave shall be made as
part of the Temporary Worker’s hourly rate.
5.4
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 which 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
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.
6
Sickness Absence
6.1
The Temporary
Worker may be eligible for Statutory Sick Pay provided that he meets the
relevant statutory criteria.
7
Time
Sheets
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 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 will delay payment for
those hours. Time sheets must be
delivered by
7.2
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 travelling to the
Client’s premises, ‘bonus hours’ (hours paid but not actually worked), lunch breaks
and other breaks shall not count as part of the Temporary Worker’s 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)
co-operate with
the Client’s staff and accept the direction, supervision and control of any
person responsible 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, patients,
customers, files, stored information, 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 (preferably) the Employment Business by no later than 8am
on the first day of absence to enable alternative arrangements to be made.
