TERMS AND CONDITIONS OF BUSINESS - TEMPORARY STAFF
1. The following terms and conditions are made between E.S.S. Employment, hereinafter referred to as the Company and the person, firm or corporate body requiring the services of a Temporary Worker, hereinafter referred to as the Client. The period of time during which a Temporary Worker is engaged to carry out work for a Client is referred to as the Assignment.
2. The interviewing by or on behalf of the Client or the acceptance of services by or on behalf of the Client of any Temporary Worker shall be deemed acceptance of and agreement to these conditions. In the event of any conflict between these Conditions and any other terms and conditions, these Conditions shall prevail unless expressly otherwise agreed in writing by the Company. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by the Company.
B. OBLIGATIONS OF THE COMPANY
1. The Company will use its best endeavours to supply to the Client a suitable Temporary Worker to carry out work for the Client of such nature as the Client shall notify to the Company when placing its order for a Temporary Worker.
2. The Company shall take all reasonable steps to enquire whether the Temporary Worker is the holder of the relevant documents in order to carry out the Client's work in a safe and legal manner.
3. The Company will pay each Temporary Worker the fees or hourly charge, and other payments to which he/she is entitled for carrying out work for the Client.
4. The Company accepts responsibility for the deduction and payment of all statutory contributions in respect of Income Tax and Earnings Related Insurance, as required by law.
C. OBLIGATIONS OF THE CLIENT
2. The Client shall not allow any Temporary Worker to undertake any work other than that which has been notified by the Client to the Company when placing its order.
3. The Client shall ensure at the commencement of the Assignment that the Temporary Worker can carry out the duties required, including operating machinery or vehicles.
4. Temporary Workers provided by the Company to the Client are provided under contracts for services and are deemed to be under the supervision, direction and control of the Client for the duration of the Assignment. The Client is responsible for all acts, errors and omissions of the Temporary Worker whether wilful, negligent or otherwise.
5. The Client is responsible for satisfying any medical requirements or qualifications as are required by law.
1. The Client shall sign a timesheet or timesheets recording all hours worked by all Temporary Workers supplied by the Company at the end of each week of any Assignment and at the end of the Assignment.
2. Signature of the timesheet by the Client constitutes acceptance that the Temporary Worker's services have been provided for the hours indicated and that such services have been satisfactory and in accordance with these Terms.
3. The failure by the Client to sign any timesheet shall not however preclude the Company charging the Client in full for all time actually worked by any Temporary Worker in accordance with these Conditions.
1. The Client shall pay the hourly charge in respect of each Temporary Worker notified to the Client at the time of booking. If it is necessary to increase the rate during the Assignment, the Client will be advised accordingly. In order to maintain a high standard of labour a minimum daily charge of 6 hours will apply.
2. The charges are calculated by reference to the number of hours worked by the Temporary Worker plus VAT and are invoiced to the Client on a weekly basis, payable within 7 days. Travelling, hotel and other expenses as may be agreed shall be added.
3. Should the payment terms not be adhered to thus resulting in the balance going overdue the hourly charge rates will increase by 10% until the outstanding balance is brought up to date.
F. INTRODUCTION FEES
1. Should a Client engage a Temporary Worker or former Temporary Worker for any period whatever or on any terms whatever, or introduce a Temporary Worker to a third party with a resulting engagement, the Client shall be responsible for paying the current introduction fee under the Company's Terms of Business for the introduction of permanent staff, providing that the said engagement takes place within 6 months of the date on which the Temporary Worker last performed services for the Client.
2. The Client undertakes to inform the Company immediately of any such introduction or engagement.
3. The rebate scheme for permanent introductions does not apply to engagements resulting from an Assignment.
1. The Client shall supervise the Temporary Worker sufficiently to ensure its satisfaction with reasonable standards of workmanship.
2. If the Client is provided with the services of a Temporary Worker who proves to be unsatisfactory, the Client shall be given the opportunity to replace the Temporary Worker, provided that alternative skilled workers are available.
3. Where a Temporary Worker's services fail to satisfy reasonably the requirements of the Client, the charge for the time worked by him/her may be reduced or cancelled by the Company provided that:
(a) the Temporary Worker leaves the Assignment immediately upon the Client notifying such dissatisfaction; and
(b) the Client notifies the Company by telephone (to be confirmed in writing to the Company) within 4 hours of the Temporary Worker commencing duties, where the booking is for more than 8 hours or within 2 hours of the Temporary Worker commencing duties where the booking is for 8 hours or less.
The Company will not be obliged to reduce or cancel any charges if the Client fails to adhere to the time limits contained herein.
4. In order to maintain consistency for the temporary worker the Company must be advised by 12.00 noon on the day of termination. A minimum charge of 6 hours will apply if the company is advised after the aforementioned deadline.
1. The Company endeavours to make every reasonable effort to ensure the suitability of applicants introduced to Clients but cannot accept responsibility for any loss, expense, damage or delay arising from the failure to provide a Temporary Worker for all or part of the period of the Client's booking .
2. The Company shall not be liable to the Client for any loss, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the introduction or supply of a Temporary Worker to the Client, in particular:
a) failure of the Temporary Worker to meet the specified requirements of the Client for all or any of the purposes for which he is required by the Client;
b) any act or omission of a Temporary Worker whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
c) any loss, injury, damage, expense or delay incurred or suffered by a Temporary Worker.
d) the termination of the Assignment by the Temporary Worker for any reason.
3. The Client will comply in all respects with all statutes, bye-laws and legal requirements to which the Client is ordinarily subject in respect of its own employees, including in particular the provision of adequate Employer's and Public Liability Insurance cover for the Temporary Worker during Assignments.
4. The Client shall indemnify the Company against any costs, claims, damages and expenses incurred by the Company arising out of the engagement or use of the Temporary Worker by the Client.
5. The Client shall supply the Company with any information required by the Company under Health and Safety legislation. The Client shall also ensure that it complies with all relevant Health and Safety Legislation in respect of a Temporary Worker as if the Temporary Worker was an employee of the Client and that the Temporary Worker complies with any obligations to which it is subject under such Legislation.
6. The Client shall report to the Company any accident resulting in injury to or death of the Temporary Worker whilst carrying out an Assignment.
7. The Client acknowledges that the limitations and exclusions of the obligations and liabilities of the Company set out herein are reasonable and reflected in the charges payable to the Company hereunder, and shall accept risk and/or insure accordingly.
I. PAYMENT TERMS
All moneys due shall be paid by the Client within 7 days of date of invoice by the Company. Any breach of this condition shall entitle the Company to terminate without prior notice each and every Assignment arranged under these Conditions between the Company and the Client.
J WORKING TIME REGULATIONS 1998
The Client must permit a temporary worker to exercise his/her rights, under the above-mentioned regulations.
With regard to holiday entitlement, the Company will advise the Client of any annual holiday the Temporary Worker intends taking and if annual holiday dates are agreed between the Client and the Temporary Worker, it will be the Client’s responsibility to inform the Company immediately. Any objection to a Worker’s request to take holiday must be registered with the Company within 5 working days or earlier if applicable or practical to do so.
HOURS OF WORK
In order to ensure compliance with regard to the weekly hours worked by the Temporary Worker, the client must return a weekly timesheet to the Company stipulating the exact hours and breaks for each Worker in order that accurate records can be kept.
HEALTH ASSESSMENTS - NIGHT WORKERS
Although the Company will ensure all Temporary Workers complete a general medical questionnaire, the Client will provide a health assessment on a regular basis for every Temporary Night Worker using its own medical screening in order to meet Industry controls.