Terms & Conditions
Terms of Engagement of Temporary
Workers On PAYE Assignments
- Definitions
1.1
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.
“Consultants”: Means First Drivers Online part of First Personnel Services plc acting
as an Employment Business.
- Unless the context
otherwise requires, references to the singular include the plural and
references to the masculine include the feminine and vice versa.
- 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 Consultants and the Temporary Worker
and they govern all Assignments undertaken by the Temporary Worker.
However, no contract shall exist between the Consultants and the Temporary
Worker between Assignments.
- For the avoidance
of doubt, these Terms shall not give rise to a contract of employment
between the Consultants and the Temporary Worker. The Temporary
Worker is engaged as a self-employed worker, although the Consultants
is required to make statutory deductions from his remuneration in accordance
with clause 4.1.
- No variation or
alteration of these Terms shall be valid unless approved by the Consultants
in writing.
- Assignments
- The Consultants
will endeavour to obtain suitable Assignments for the Temporary Worker
to work as a First Drivers Online driver/driver’s mate.
- 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 Consultants; and that the Consultants
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.
- 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 Directive shall be the date on which the Temporary
Worker commences the first Assignment.
- Remuneration
- The Consultants
shall pay to the Temporary Workers a guaranteed basic rate of the national
minimum wage. Individual contracts may offer a higher rate than the
guaranteed basic salary. The actual rate may be based upon your attendance
and productivity. 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 I National Insurance Contributions and Income Tax pursuant
to S134 of the Income and Corporation Taxes Act 1988 and any other deductions
which the Consultants 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 Consultants or clients for
the time not spent on Assignment, whether in respect of holidays, illness
or absence for any other reason unless otherwise agreed.
- The Temporary Worker
will be paid for all hours worked regardless of whether the consultant
has been paid.
- Statutory
Leave
- For the purposes
of calculating entitlement to leave under this clause, the leave year
commences on 1st January or, if later, on the date that the
Temporary Worker starts an Assignment or a series of Assignments.
- Under the Working
Time Directive, the Temporary Worker is entitled to 24 days 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. Holiday year is from 1st January to 31st December.
- The right to paid
leave only accrues once the Temporary Worker has been engaged on Assignments
through the Consultants. Entitlement to leave accrues in proportion
to the amount of time worked by the Temporary Worker on Assignment during
the leave year. The amount of the payment to which the Temporary
Worker is entitled in respect of such leave is calculated in accordance
with and in proportion to the number of standard hours which he works
on Assignments. For the purposes of calculating payments for annual
leave the standard working hours in relation to Assignments undertaken
by the Temporary Worker will be all hours worked which do not attract
overtime rates of pay. Temporary Workers engaged on shift work
will be paid for annual leave at their basic guaranteed salary.
- Where the Temporary
Worker wishes to take any leave to which he is entitled, he should notify
the Consultants in writing of the dates of his intended absence.
The amount of notice which the Temporary Worker is required to give
should be one week for 3 days or less and above that double the holiday
period required. Unless the Consultants informs the Temporary Worker
in writing that it is not possible for him to take leave on the specified
dates, the Temporary Worker shall be entitled to take up his notified
leave entitlement.
- 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.
- None of the provisions
of this clause regarding the statutory entitlement to paid leave shall
affect the Temporary Workers status as a self-employed worker.
- 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 the
week the Temporary Worker shall deliver to the Consultants 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 Directive, the Temporary
Worker’s working time shall only consist of those periods during which
he is carrying out his activities or duties for the Company as part
of the Assignment. Time spent travelling to the Company’s premises
lunch breaks and other rest breaks shall not count as part of the Temporary’s
working time for these purposes.
- Conduct of
Assignments
- The Temporary Worker
is not obliged to accept any Assignment offered by the Consultant but
if he does so, during every Assignment and afterwards where appropriate,
he will:-
- co-operate with
the Client’s staff 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 to which attention
has been drawn or which the Temporary Worker might be reasonably
be expected to ascertain;
- unless arrangements
have been made to the contrary, conform to the normal hours of work
in force at the Client’s establishment;
- 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;
- not engage in any
conduct detrimental to the interests of the Client;
- 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 Consultants
employees, business affairs, transactions or finances.
- If the Temporary
Worker is unable for any reason to attend work during an Assignment
he should inform the Consultant or the Client by no later than 1 hour
before commencement of work on the first day of absence to enable alternative
arrangements to be made.
- Termination
- The Consultants
or the Client may, without prior notice or liability, instruct the Temporary
Worker to end an Assignment at any time.
- The Temporary Worker
may terminate an Assignment at any time immediately by informing the
Consultants.
- Restriction
- The Working Time
Directive provides that the Temporary Worker shall not work on a 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.
- Workforce
Agreement
- It is agreed that
First Personnel Services plc and the Temporary Worker are adopting the
flexibility permitted by the regulations as set out below.
- This agreement will
remain in force for a period of (not more than 5 years after the commencement
date) when it will cease to have effect, or until terminated by either
party at any time by giving not less than (three months) notice in writing
to the other party.
- The reference period
for the calculation of average weekly hours shall be as follows:
Fixed for 26-week period: 1st April to 30th September
and 1st October to 31st March Annually.
- First Personnel
Services and «Cand_Title» «Cand_Forename» «Cand_Surname» have
opted out of the Working Time Regulations with reference to Night hours.
- Withdrawal
of Consent
- The Temporary Worker
may end this Agreement by giving the Consultants 1 weeks 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 12.1 the Working Week limit shall
apply with immediate effect.
- Law
- These Terms are
governed by English law and are subject to the exclusive jurisdiction
of the English Courts.