1.1.
In these Terms of Engagement, the following definitions apply: –
“Assignment” means the period during which the Agency Worker is supplied
to render services to the Hirer. “Hirer” means the person, company or
corporate body requiring the services of the Agency Worker together with a
subsidiary or associated company as defined by the Companies Act 1985.
“Employment
Business” means gcomhealthcare, Ominia one, 125 Queen Street, Sheffield, South Yorkshire,
United Kingdom, S1 2DU “Agency Worker” means
the person who has signed this Contract.
2. THE CONTRACT
2.1.
These Terms constitute a contract for services between the Employment Business
and the Agency Worker and they govern all Assignments undertaken by the Agency
Worker. However, no contract shall exist between the Employment Business and
the Agency 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 Agency Worker or the Hirer
and the Agency Worker. However, the Employment Business is required to make
deductions from the Agency Worker’s pay. The Agency Worker is supplied as a
worker, and the Employment business does not assure any fixed number of hours
per week.
2.3
No variation or alteration to these Terms shall be valid unless the details of
such variation are agreed between the Employment Business and the Agency Worker
and set out in writing and a copy of the varied terms is given to the Agency
Worker stating the date on or after which such varied terms shall apply.
2.4.
The Employment Business shall act as an employment business (as defined in
Section 13(3) of the Employment Agencies Act 1973) when introducing or
supplying the Agency Worker for Assignments with its Hirers.
3. REMUNERATION
3.1.
The Employment Business shall pay to the Agency Worker remuneration calculated
at a minimum hourly rate of no less than that stipulated in the Statutory
Minimum Wage. The actual rate will be notified on a per Assignment basis, for
each hour worked during an Assignment to be paid two weekly in arrears, subject
to deductions in respect of PAYE 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.
3.2. Subject to any statutory entitlement under the relevant legislation, the
Agency Worker is not entitled to receive payment from the Employment Business
or Hirers for time not spent on Assignment, whether in respect of holidays,
illness or absence for any other reason unless otherwise agreed.
4 TIMESHEETS and COMMUTING
4.1
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 Agency Worker shall deliver to the Employment Business a completed
time sheet indicating the number of hours worked during the preceding week and
signed by an authorized representative of the Hirer. This time sheet
should be received by the Employment Business no later than 12pm Monday of the
week following that worked.
4.2
Where the Agency Worker fails to submit a properly authenticated time sheet the
Employment Business shall, in a timely fashion, conduct further investigations
into the hours claimed by the Agency Worker and the reasons that the Hirer has
refused to sign a timesheet in respect of those hours. This may delay any
payment due to the Agency Worker. The Employment Business shall make no payment
to the Agency Worker for hours not worked.
4.3.
Time spent travelling to the Hirer’s premises; lunch breaks and other rest
breaks shall not count as part of the Agency Worker’s working time for these
purposes.
5 TERMINATION
5.1
Any of the Employment Business, the Agency Worker or the Hirer may terminate
the Agency Worker’s Assignment at any time without prior notice or liability.
5.2
The Agency Worker acknowledges that the continuation of an Assignment is
subject to and conditioned by the continuation of the contract entered between
the Employment Business and the Hirer. In the event that the contract between
the Employment Business and the Hirer is terminated for any reason the
Assignment shall cease with immediate effect without liability to the Agency
Worker (save for payment for hours worked by the Agency Worker up to the date
of termination of the Assignment).
5.3
If the Agency Worker does not inform the Hirer or the Employment Business that
they are unable to attend work during the course of an Assignment this will be
treated as termination of the Assignment by the Agency Worker in accordance
with clause 5.1, unless the Agency Worker can show that exceptional
circumstances prevented him or her.
5.4
If the Agency Worker is absent during the course of an Assignment and the
Assignment has not been otherwise terminated the Employment Business will be
entitled to terminate the Assignment if the work to which the Agency Worker was
assigned is no longer available.
The
Employment Business will not offer transportation to the Agency Workers. The
Agency Worker is not entitled to receive payment from the Employment
Business for any cost of transportation and it is the sole responsibility
of the Agency Worker to arrange their own transportation.
5.5
If the Agency Worker does not report to the Employment Business to notify
his/her availability for work for a period of 4 weeks, the Employment Business
will forward his/her P45 to his/her last known address.
6 CONFIDENTIALITY
6.1
In order to protect the confidentiality and trade secrets of any Hirer and the
Employment Business and without prejudice to every other duty to keep secret
all information given to it or gained in confidence the Agency Worker agrees as
follows:
6.2
not at any time, whether during or after an Assignment (unless expressly so
authorised by the Hirer or the Employment Business as a necessary part of the
performance of its duties) to disclose to any person or to make use of any of
the trade secrets or the Confidential Information of the Hirer or the
Employment Business with the exception of information already in the public
domain;
6.3
to deliver up to the Hirer or the Employment Business (as directed) at the end
of each Assignment all documents and other materials belonging to the Hirer
(and all copies) which are in its possession including documents and other
materials created by him/her during the course of the Assignment; and
6.4
not at any time to make any copy, abstract, summary or précis of the whole or any
part of any document or other material belonging to the Hirer except when
required to do so in the course of its duties under an Assignment in which
event any such item shall belong to the Hirer or the Employment Business as
appropriate.
7 DATA PROTECTION
7.1
The Agency Worker warrants that in relation to these Terms, s/he shall comply
strictly with all provisions applicable to him/her under the Data Protection
Laws and shall not do or permit to be done anything which might cause the
Employment Business or the Hirer to breach any Data Protection Laws.
7.2
The Agency Worker consents to the Employment Business, any other intermediary
involved in supplying the services of the Agency Worker to the Hirer (now or in
the future), and the Hirer:
7.3
processing his/her personal data for purposes connected with the performance of
the Assignment and pursuant to these Terms; and
7.4
exporting and/or processing his/her personal data in jurisdictions outside the
European Economic Area for purposes connected with the performance of these
Terms.
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