|No. of hours in next 4 weeks||1,184|
|No. of bookings||103|
|Date joined this system||Feb 10, 2006|
|No. workers registered||68|
|No. clients registered||23|
|No. partner providers||1|
|Batley||12742 Prosperity Avenue, California||93274||map|
|Snowyville||11314 Whitley Street, California||90601||map|
|Worklink||9120 Avenue 198, California||93274||map|
This contract is a placeholder. Users of this test system are not legally bound by its terms.
CONTRACT FOR SERVICES (pursuant to the Conduct of Employment Agencies and Employment Businesses Regulations 2003)
THIS AGREEMENT is made on the date shown on the signed copy
(1) NEMs Test Agency, whose registered office is 3 Nelson Street, London E6 6EQ (“the Agency”)
(2) The individual named in the signed version of this contract (“the Work-Seeker”)
IT IS AGREED as follows:
1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
‘Employment Business’ the Agency which is an employment business as defined in the Employment Agencies Act 1973 as amended by the Employment Relations Act 1999 and which provides a Work-Finding Service for the Work-Seeker in which no finding fee will be payable by the Work-Seeker
‘Work-Seeker’ the temporary worker whose name and address appears above who will be supplied to the Hirer by the Employment Business
‘Work-Finding Service’ the finding and placement of the Work-Seeker to perform Work for the Hirer on a NEMs basis
‘NEMs’ the system by which the Temporary Worker has control over when and the amount of time the Temporary Worker is placed with a Hirer, the rate of pay charged for the work done and the location of the Assignment with the Hirer and displayed via the Agency’s website for the Hirer to view
‘Hirer’ the Client of the Agency with whom the Work-Seeker is be placed
‘Assignment’ the period during which the Work-Seeker is engaged to provide Work via NEMs to the Hirer
‘Client’ businesses requiring the services which the Work-Seeker is qualified to provide
‘Work’ the duties and activities assigned to the Work-Seeker by the Hirer at the location of the Hirer
1.2 Unless the context otherwise requires, references to the singular include the plural.
1.3 The headings contained in these terms are for convenience only and do not affect their interpretation.
2 Status of the Work-Seeker
2.1 The Work-Seeker is not an employee of the Agency or the Hirer.
2.2 The Agency is an Employment Business who engage the Work-Seeker under a contract for services for an Assignment to perform Work for the Hirer. There is no contract of employment between the Work-Seeker and the Agency.
2.3 The contract of services will automatically terminate at the end of each Assignment and will not subsist between any other Assignments the Work-Seeker may be engaged under.
2.4 The Agency is not responsible for the supervision or control of the Work-Seeker performing Work during an Assignment.
3.1 The Agency is under no obligation to provide the Work-Seeker with Work. The Work-Seeker is under no obligation to undertake Work on a particular date and/or at a particular time.
3.2 The Work-Seeker will be placed by the Agency on an Assignment for the Hirer.
3.3 The Work-Seeker is under an obligation to accept an Assignment with the Hirer once the Work-Seeker’s details are posted on NEMs.
3.4 The Work-Seeker is deemed to have accepted an Assignment once the Hirer chooses the Work-Seeker. Should a Worker-Seeker be unable to attend an Assignment for any reason, the Work-Seeker must contact the Agency immediately.
3.5 The location of the Assignment will be within the Work-Seeker’s own specification.
3.6 The Agency is under no obligation to provide a minimum number of Assignments for the Work-Seeker or provide a minimum number of hours’ Work with the Hirer. 3.7 Confirmation of an Assignment will be sent by the Hirer to the Work-Seeker by either email or text message.
4 Grading on NEMs
4.1 The Worker-Seeker’s details will be posted on NEMs and appear by grade. The grades are between 1 and 6. 6 is the highest grade and 1 is the lowest grade. Grades are determined by a number of variables:
4.1.1 reliability; 4.1.2 successful completion of Assignments for Hirers;
5.1 The amount the Work-Seeker is charged out to the Hirer by the Agency includes the Agency’s mark up and NEMs mark up.
5.2 The Agency will pay the Work-Seeker the amount specified by the Work-Seeker plus a mark up of 4/52 pence per hour in respect of any holiday entitlement the Work-Seeker may be deemed to have accrued in accordance with the Working Time Regulations 1998.
5.3 Notwithstanding the Work-Seeker is not an employee of the Agency, in accordance with the Income Tax (Earnings and Pensions) Act 2003, the Agency is required to pay Class 1 National Insurance contributions in respect of the Work-Seeker and deduct income tax under the pay as you earn system from the Work-Seeker’s pay under this agreement, which will be calculated and paid by the Agency on the Work-Seeker’s behalf directly to the Inland Revenue.
5.4 The amount of pay the Work Seeker receives is in accordance with National Minimum Wage Act 1998. The minimum hourly rate of pay changes annually.
5.5 The Work-Seeker will receive pay weekly in arrears. The Work-Seeker will only be paid for the amount of Work done.
6 Working Time
6.1 The Work-Seeker agrees by signing this agreement that the 48 hours working week limit under regulation 4(1) of the Working Time Regulations 1998 will not apply to any Assignment.
6.2 The Work-Seeker can withdraw consent to the non-application of the 48 hours limit, by giving not less than one week’s notice in writing to the Agency.
7 The Agency’s Obligations
7.1 To verify that the Work-Seeker is entitled to Work for the Hirer in accordance with section 8 of the Asylum and Immigration Act 1996. This can be verified by producing a combination of document (1) and one of the documents at (2) to (8) or document (9) and either documents (10) or (11):
(1) a document which contains a permanent national insurance number and name; AND
(2) a full birth certificate issued in the UK, which includes the names of the holder’s parents; OR
(3) a birth certificate issued in the Channel Islands, the Isle of Man or Ireland; OR
(4) a certificate of registration or naturalisation stating that the holder is a British Citizen; OR
(5) a letter issued by the Home Office to the holder which indicates that the person in it can stay indefinitely in the UK, or has no time limit on their stay; OR (6) an Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay indefinitely in the UK, or has no time limit on their stay; OR
(7) a letter issued by the Home Office to the holder which indicates that the person named in it can stay in the UK, and this allows them to do the type of work offered; OR
(8) an Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay in the UK, and this allows them to do the type of work offered.
(9) a work permit or other approval to take employment that has been issued by Work Permits UK; AND
(10) a passport or other travel document endorsed to show that the holder is able to stay in the UK and can take the work permit employment in question; OR
(11) a letter issued by the Home Office to the holder confirming that the person named in it is able to stay in the UK and can take the work permit employment in question.
7.2 To verify that the Work-Seeker is a qualified Operative.
8 Work-Seeker’s Obligations
8.1 Not to register with another Employment Business to undertake Slivers of Time Work during the existence of this Agreement.
8.2 To comply with all lawful and reasonable instructions issued by the Hirer including but not limited to instructions regarding the carrying out of the Work.
8.3 To comply with all health and safety rules and regulations relevant to the Hirer’s business and take all reasonable steps to safeguard his/her own health and safety and that of any other person with whom the Work-Seeker comes into contact with during the Assignment. The Work-Seeker must comply with any accident reporting procedures of the Hirer.
8.4 To comply with all workplace rules and codes of practice relevant to and/or issued by the Hirer, which includes any training guidelines provided by the Hirer.
8.5 To conduct him/herself in a reasonable and appropriate manner whilst performing the Work for the Hirer.
8.6 Not to represent him/herself as being an employee of either the Agency or the Hirer.
8.7 Not to do anything that is likely to damage the business of the Agency and/or the Hirer or to bring either into disrepute.
8.8 To allow the Police or the Hirer’s recognised security personnel or management to search to search any parcels, handbags, shopping bags etc in the possession or belonging to the Work-Seeker. 8.9 To allow the Police or the Hirer’s recognised security personnel or management to search the Work-Seeker entering or leaving the Hirer’s property at any time provided that it is in the presence of an the Agency representative.
9.1 If the Work-Seeker is absent from the Hirer’s premises on a day and time the Work-Seeker is due to be present or is unable to perform the Work due to sickness or injury, the Work-Seeker will not be entitled to receive any pay for the period of absence or incapacity.
10.1 The period of notice to be given in writing by the Agency and by the Work-Seeker to terminate this Agreement is one week.
10.2 Nothing in this paragraph shall prevent the Agency from terminating the Agreement without notice in appropriate circumstances.
11 Data Protection
11.1 During the Assignment and for as long a period as necessary following the termination of the Assignment, the Agency will:
11.1.1 Obtain, keep, use and produce records containing information about the Work-Seeker for administrative, management, analysis and assessment purposes in connection with recruitment, employment and remuneration both in personnel files and the Agency’s computer system. On occasion, the Agency may need to disclose information about the Work-Seeker to third parties. The Agency will only use information held about the Work-Seeker in ways that are consistent with the employment relationship, the operation of the business and the principles of the Data Protection Act 1998.
11.1.2 To obtain, keep, procedure and use personal data relating to:
188.8.131.52 the Work-Seeker’s racial or ethnic origin for the purposes of equal opportunities monitoring;
184.108.40.206 the Work-Seeker’s health in order to enable the Agency to safeguard the Work-Seeker’s health and safety, for administrative purposes and for complying with its statutory obligations; and
220.127.116.11 details of alleged offences committed by the Work-Seeker where the Work-Seeker has informed the Agency of these and the Agency needs to keep details because they have some bearing on the Assignment.
11.1.3 Transfer some or all of the information in the Agency’s records about the Work-Seeker to companies or firms processing data on behalf of the Agency.
11.1.4 In signing this agreement the Work-Seeker consents to the Agency carrying out the processing of personal data in this paragraph.
12.1 The Agency accepts no responsibility for the health and safety of the Work-Seeker or any personal injury suffered by the Work-Seeker during the Assignment.
12.2 The Work-Seeker will be liable to the Hirer, to the exclusion of the Agency, for any loss, damage or expense incurred by the Hirer, or arising in connection with any act, omission or neglect on the part of the Work-Seeker in or in connection the Assignment.
13.1 The Work-Seeker understands that failure to abide by any of the terms in this Agreement or any associated terms concerning an Assignment, may result in the immediate termination of the Assignment and/or this Agreement.
13.2 This Agreement is governed by and construed in accordance with English law. The translation of this agreement is provided for ease of understanding only and the Agency has attempted to translate as accurately as possible.
13.3 The Agency suggests that if the Work-Seeker is unsure about the terms and conditions of the Agreement that s/he takes independent legal advice prior signing this contract for services.
By signing this contract for services below the parties are accepting and agree the full terms and conditions set out above
Signed for and on behalf of NEMs Test Agency Limited
Signed by the Work-Seeker
© Slivers of Time Ltd
Tue Apr 11 16:39:23 BST 2006
© America for All