Terms & Conditions for Temporary Workers

(1) DEFINITIONS

In these terms and conditions the following Definitions apply:-

'The Employment Business' means Mploy Staffing Solutions Limited or it's associated companies.
'The Client' means the person firm or corporate body requiring the services of the Temporary.
'The Temporary' means the person, firm of corporate body to whom the Applicant is introduced.
'Assignment' means the period during which the temporary is engaged to tender services to the Client.

(2) THE CONTRACT

(a) These Terms and Conditions are accepted by the Client by virtue of its interview with the Employment Business or the Temporary or the engagement by the Client of the services of the Temporary.

(b) No variation or alteration to these Terms and Conditions shall be valid or enforceable unless approved in writing by a Director of the Employment Business.

(3) TIMESHEETS

(a) At the end of each week of the Assignment (or, where the Assignment is for a period of less than one week or is completed before the end of the week, at the end of the Assignment) the Client shall sign the time sheet of the Employment business verifying the number of hours worked by the Temporary during that week.

(b) Signature of the time sheet by the Client constitutes acceptance that the Temporary's services have been provided for the hours indicated and that such services have been satisfactory and in accordance with these Terms.

(4) CHARGES

(a) The Client shall pay the hourly charge for the Employment Business current at the commencement of the Assignment which may be varied by the Employment Business with immediate effect from time during the Assignment.

(b) The charges are calculated by reference to the number of hours worked by the Temporary (to the nearest quarter hour) plus VAT and are invoiced to the Client on a weekly basis, payable within 14 days. Travelling, hotel and other expenses as may be agree shall be added to the invoice. Details of our charges are available on request.

(5) REMUNERATION & DEDUCTIONS

The Employment Business is responsible for paying the Temporary's remuneration where applicable or fees and for the deduction and payment of National Insurance Contributions and Schedule E Income Tax (PAYE), and holiday pay, applicable to the Temporary as required by law.

(6) INTRODUCTION FEES

(6.1) Transfer fees where a worker has been supplied.

(6.1.1) In the even of the Engagement by the Client of a Temporary Worker supplied by the Employment Business for an Assignment either (1) directly or (2) pursuant to being supplied by another employment business, during the Assignment or within whichever is the longer of either: 14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of a previous Assignment shall also be considered to be the first Assignment' these purposes); or 8 weeks from the day after the last day the Temporary Worker worked on the Assignment.

The Client shall be liable, subject to electing upon giving 7 days notice, to either

(a) An extended period of hire calculated in proportion to the number of weeks the Temporary Worker has been supplied to the Client prior to the notice date in accordance with the accompanying schedule of extended hire periods set out below, during which the Client shall pay the charges agreed pursuant to Clause 4(b) above for each hour the Temporary Worker is so employed or supplied; or

(b) A Transfer Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement, less any rebate applicable calculated in accordance with the accompanying schedule of Transfer Fee rebates, or, if the actual amount of Remuneration is not known, the hourly charges agreed pursuant to Clause 4 (b) multiplied by 225 times less any rebate applicable calculated in accordance with the accompanying schedule of Transfer Fee rebates. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due

(6.2) Introduction Fees where a worker is introduced but not supplied.

(6.2.1) In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but which leads to an Engagement of the Temporary Worker by the Client either directly or pursuant to being supplied by another employment business within 6 months from the date of Introduction the Client shall be liable, subject to electing upon giving 7 days notice, to either:

(a) A period of hire of the Temporary Worker being 12 weeks during which the Client shall pay the hourly charges agreed pursuant to Clause 4 (b) for each hour the Temporary Worker is so employed or supplied; or

(b) An Introduction Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to Clause 4 (b) multiplied 225 times. No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

(c) There are no rebates or reductions of extended periods in respect of charges arising under Clause 6.2.1 (a) and (b).

(6.3) Inability to supply during the period of hire.

(6.3.1) If the Client elects for an extended period of hire, as set out above, but before the end of such period Engages the Temporary Worker supplied by the Employment Business either directly or pursuant to being supplied by another employment business or the Temporary Worker chooses not be supplied for an extended period of hire, the Transfer or Introduction Fee calculated in accordance with either 6.1.1 (b) or 6.2.1 (b) may be charged, reduced by such percentage to reflect the period of extended hire already undertaken by the Temporary Worker and paid for by the Client.

(6.3.2) Where period(s) of absence due to illness or injury prevent the Temporary Worker from being employed or supplied for 4 or more days, which shall be qualifying days for the purposes of Statutory Sick Pay (SSP), during the period of hire as set out above, the period of hire shall be extended by a period equivalent to the total period of absence. Where the Employment Business pays the Temporary Worker SSP during the period of hire an equivalent amount shall be charged to and be payable by the Client in addition to the charges agreed pursuant to Clause 3.1.

(6.4) Where there has been an Introduction to and Engagement by a Third Party.
In the event that a Temporary Worker supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party during the Assignment or within whichever is the longer of either: 14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the 'First Assignment' for these purposes); or 8 weeks from the day after the last days the Temporary Worker worked.
The Client shall be liable to pay a Transfer Fee Calculated in accordance with Clause 6.1.1(b).

(6.5) Where the has been an Introduction but no supply resulting in an Engagement by a Third Party.
In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but the Temporary Worker is introduced by the Client to a third party within 6 months from the date of Introduction the Client shall be liable, to an Introduction Fee calculated in accordance with Clause 6.2.1(b)

SCHEDULES

SCHEDULE OF EXTENDED HIRE PERIODS

Number of weeks the Temporary Worker has been supplied to the Client in prior to the notice period.
0-12 Weeks

13 Weeks or more

Extended hire period (in weeks)
20 Weeks

0

SCHEDULE OF TRANSFER FEE REBATES

Number of weeks the Temproary Worker has been supplied to the Client in prior to the notice period.

0-12 Weeks

13 Weeks or more

Transfer Fee rebate (as a % of the fee set our in Clause 6.1.1(b)
0%

100%

(7) LIABILITY

(a) Whilst every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards or skills, integrity and reliability from the Temporary and to provide them in accordance with the booking details provided by the Client, no liability is accepted by the Employment Business for any loss, expense, damage or delay arising from the failure to provide a Temporary for all or part of the period of the Client's booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary or if the temporary terminates the Assignment for any reason.

(b) Temporaries provided by the Employment Business to the Client are provided under contracts for services and are deemed to be under for all acts, errors and omissions of the Temporary whether wilful, negligent or otherwise as though the Temporary were an employee of the Client and the Client will comply in all respects will all statues, by-laws and legal requirements to which the Client is ordinarily subject in respect of its own employees and staff, including in particular the provision of adequate Employer's and Public Liability Insurance Cover for the Temporary during Assignments, but excluding the matters referred to in Paragraph 5.

(c) The Client shall supply the Employment Business under the Health & Safety Legislation (including, without limitation) any requisite special occupational qualifications or skills and any special supervision, direction and control of the Client for the duration of the Assignment. The Client is responsible for relevant Health & Safety Legislation in respect of the 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.

(d) The Client shall indemnify the Employment Business against any costs, claims, damages and expenses incurred by the Employment Business arising out of the engagement or use of the Temporary by the Client. (The Client shall indemnify the Employment Business against any costs, claims, damages and expenses incurred by the Employment Business arising out of the engagement or use of the Temporary by the Client).

(e) Temporary Drivers are supplied by the Employment Business on the sole understanding that the Client holds an operator's licence under the Transport Act 2968, where required. As far as possible, the Employment Business will check references of drivers and will examine driver's licence and permits: notwithstanding this, the Client agrees to take direct responsibility for all statutory duties where applicable in respect of driving licences and permits, driver's hours and records the issue and collection of tachograph cards, maintenance and safety of vehicles, Health & Safety Regulations and Road Traffic liability insurances, including but not limited to (subject to Clause (f) below) fully comprehensive insurance for the vehicle to be driven and its contents.

(f) The Client shall on request permit the Employment Business to inspect its operators licence and policies of insurance for the vehicles to be driven by the Temporary Worker.

(g) The Client shall report to the Employment Business any accident resulting in injury or death of the Temporary Worker whilst carrying out an assignment and features of the Assignment affecting Health & Safety. The Client shall also ensure that it complies with all.

(8) TERMINATION

(a) The Client shall supervise the Temporary sufficiently to ensure its satisfaction with skills and standards or workmanship but if the services of the Temporary are unsatisfactory, the Employment Business may reduce or cancel the charge for the time worked by the Temporary with the Client, provided that the Client terminates the Assignment and notifies the Employment Business of the termination within the same day as commencement of the Assignment.

(b) Each of the Client, the Temporary or the Employment Business may terminate the Assignment at any time without prior notice.