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TERMS AND CONDITIONS OF BUSINESS FOR THE SUPPLY OF TEMPORARY WORKERS
1. These Terms and Conditions of business are between Travel
Trade Recruitment and/or any subsidiaries or associates (hereinafter called the
"EMPLOYMENT BUSINESS") and the Hirer hiring the Temporary Worker (hereinafter
called the "Client").
2. These Terms and Conditions are deemed
to be accepted by the Client by virtue of an interview or the engagement (which
term includes employment or use, whether under a Contract of Service or for
Services) or a temporary worker (hereinafter called a "TEMPORARY WORKER")
introduced by the Employment Business.
3. The Client agrees to pay the hourly
charge (plus VAT) of the Employment Business advised at the time of the
booking. The Client agrees to verify and sign the Employment Business's time
sheets each week. Signature of such time sheet by the Client constitutes
acceptance that the Temporary Worker's services have been provided for the
hours indicated on the time sheets and that such services were satisfactory.
Travelling, hotel, or other expenses as may be agreed shall be itemised on the
Employment Business's invoice in addition to this charge. These charges will be
those in force at the time of the assignment and may be varied from time to
time with immediate effect. Details of charges are available on application and
are calculated on an hourly basis, subject to a minimum charge of not less than
6 hours.
i Temporary Workers are paid by the Employment Business upon
receipt of signed time sheets and invoices will be presented weekly to the
Client. PAYMENT IS DUE ON RECEIPT OF INVOICE.
ii Hours or part thereof worked, excluding lunch hours, in
excess of eight hours per day will be charged and paid at the agreed multiple
of the basic rate Monday to Friday unless alternative arrangements have been
agreed in advance.
iii Hours or part thereof worked, excluding lunch hours, on
Saturdays will be charged at the agreed multiple of the basic rate and at
double time for Sundays, Bank Holidays and other public holidays.
iv The Employment Business reserves the right to claim a
surcharge from the Client of 1% per seven day period or part thereof for delays
in payment after 21 days have elapsed from invoice and the Client will accept
this charge for payment on receipt of invoice.
4. The Employment Business will endeavour
to provide a Temporary Worker for the period of a booking, but this cannot be
guaranteed whether for all or any part of the period. The Client accepts that
no liability attaches to the Employment Business for not supplying a worker for
part or the whole of the period of a booking.
5. The Employment Business assumes
responsibility for payment or wages, deduction and payment of all statutory
contributions in respect of Earnings Related Insurance and the administration
of Schedule E (PAYE) applicable to the Temporary Workers as required by law.
6. The engagement or use by a Client of a
Temporary Worker or former Temporary Worker introduced by the Employment
Business whether for a definite or indefinite period, or the introduction of
such Temporary Worker or former Temporary Worker to other employers with a
resulting engagement renders the Client subject to the payment of an
introduction fee calculated in accordance with the rates published by the
Employment Business for the introduction of candidates for a permanent
position, based on the annual commencing gross taxable pay and taxable
emoluments payable by the Client and other employers to the Worker concerned,
provided that the engagement takes place within a period of 6 months from the
termination of any temporary assignment. No refund is available for such
placements where the ability of the worker is already proven.
7. Whilst every effort is made by the
Employment Business to give satisfaction to the Client by ensuring reasonable
standards of skills, integrity and reliability from workers and further provide
them in accordance with booking details, no liability (by reason of the human
element) will be accepted by the Employment Business for any loss, expense,
damage or delay arising from any failure to provide any particular Temporary
Worker for all or part of the period of the booking or from the negligence,
dishonesty, misconduct or lack of skill of the Temporary Workers provided.
8. Without prejudice to the Terms and
Conditions of Business herein stated the Client undertakes to indemnify and at
all times to keep indemnified the Employment Business against all liabilities
suffered or incurred by the Employment Business arising out of use or
engagement of Temporary Workers supplied to the Client.
9. The Client undertakes to supervise the
Temporary Worker(s) assigned to him sufficiently to ensure the Client's
satisfaction with reasonable standards of workmanship, but if the services of a
worker prove to be unsatisfactory, the Employment Business may reduce or cancel
the charge for the time worked by that Temporary Worker provided that the
Temporary Worker leaves that assignment immediately and that notification
(which must be confirmed in writing within 5 days) is received either: -
a) Within four hours of the worker commencing duties where the
booking is for more than six hours.
OR
b) Within two hours for bookings of six hours of less.
10. a) Temporary Workers provided by the
Employment Business are provided under contracts for services and are deemed to
be under the direction and control of the Client from the time the worker
reports to take up duties and for the duration of the assignment and the Client
agrees to be responsible for all acts, errors and omissions be they wilful,
negligent or otherwise, as though the worker were on the payroll of the Client
and the Client will in all respects comply with all statutes, bye-laws and
legal requirements to which the Client is ordinarily subject in respect of the
Client's own staff, but excluding the matters specifically mentioned in
Paragraph 5 above.
b) The Client is responsible for adequately insuring all
Temporary Workers supplied by the Employment Business against all EMPLOYER'S
LIABILITIES AND THIRD PARTY risks arising during or relating to the supply of
Temporary Workers to the Client.
c) The Client shall indemnify and keep indemnified the
Employment Business against any costs, claims and liabilities incurred by the
Employment Business arising out of the engagement of the Temporary Worker by
the Client.
11. No variation can be made to these
Terms without the written consent of a director of the Employment Business.
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