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TERMS AND CONDITIONS FOR THE SUPPLY OF TEMPORARY STAFF BY AN EMPLOYMENT BUSINESS

This Terms and Conditions for the Supply of Temporary Staff by an Employment Business is a contract between a client/hirer and an employment business for the supply of temporary workers; it assumes that the client is the ultimate "end-user" of the temporary worker. This Agreement complies with both the Agency Workers Regulations 2010 (AWR) and the Conduct Regulations 2003.

 

Please note: This Agreement is limited to only those temporary workers that are introduced and employed or engaged by the employment business but providing services to the client  i.e. not engaged through a personal service company or under an umbrella company arrangement and not employed by the client. If the temporary workers supplied by the employment business to provide services to the client are self-employed or employed by the client different considerations must apply.

 

The Conduct Regulations 2003 regulates certain aspects of the relationship between employment businesses and clients. In particular, the Conduct Regulations 2003 requires that written agreements between an employment business and the client include the following terms:

 

  1. Clarification that the employment business is acting as an employment business in relation to the client.
  2. Details of any fee payable to the employment business by the client, including:
  • the amount or method of calculation; and
  • the circumstances in which any refunds or rebates will be payable, the scale of such refunds or rebates, or a statement that no refunds or rebates are payable.

          3. A statement of the procedure that applies if an agency worker is unsatisfactory.

 

Also, under the Conduct Regulations 2003 an employment business must not introduce or supply a worker to a client unless it has obtained and has provided to the client confirmation of certain details including, the worker’s identity and experience. In compliance with the Conduct Regulations 2003 the Terms and Conditions for the Supply of Temporary Staff by an Employment Business contain clauses requiring the employment business to immediately inform the client if it receives information that the temporary worker is unsuitable for the assignment and giving the client the right to terminate the assignment immediately if it considers the temporary worker to be unsuitable.

 

Furthermore, the Conduct Regulations 2003 imposes restrictions on charging transfer fees to clients when an agency worker, introduced to a client by an employment business, is subsequently engaged directly by the client, supplied to the client by a different employment business or introduced by the client to a new employer.

 

Please note: Under the Conduct Regulations 2003 it is unlawful for an employment business to make payment of remuneration to a worker conditional on receiving payment from the client for that worker, or on receiving a signed time sheet.

 

The AWR 2010 gives certain rights to agency workers supplied by a "temporary work agency" to work temporarily for and under the supervision and direction of a client. A client must ensure that its agency workers can access its collective facilities and amenities and have access to information about its job vacancies from the first day of their assignment. In addition, after 12 calendar weeks, agency workers are entitled to the same basic working and employment conditions to which they would have been entitled had they been directly recruited by the client. This covers terms relating to pay, working time and holiday entitlement. It is possible to derogate from the requirement to provide equal pay for agency workers (but not other aspects of basic working and employment conditions) where the agency worker enters into a permanent employment contract with the employment business containing certain minimum requirements and is paid a minimum amount between assignments, this is called the "Swedish derogation model".

 

In compliance with the AWR 2010 the Terms and Conditions for the Supply of Temporary Staff by an Employment Business contain clauses requiring the employment business to notify the client, at the start of the assignment, of any temporary workers who will satisfy the 12-week qualifying period for entitlement to equal treatment under the AWR 2010 during the assignment and, requiring the employment business to provide such temporary workers with the same basic terms as comparable directly recruited staff of the client.

 

The client will need to comply with its obligations under the AWR 2010 and it will be held responsible for any breach of the equal treatment provisions under the AWR 2010 to the extent that it is responsible for the infringement. Also the employment business will be responsible for any breach of the agency worker's entitlement to basic working and employment conditions under the AWR 2010 to the extent that it is responsible for the infringement.

 

The Terms and Conditions for the Supply of Temporary Staff by an Employment Business contains the following clauses:

 

  1. Interpretation
  2. Obligations of the Company
  3. Obligations of the Client
  4. Time Sheets
  5. Fees
  6. Unsatisfactory Temp Procedure
  7. Liability and Indemnity
  8. Term
  9. Miscellaneous

 

The Terms and Conditions for the Supply of Temporary Staff by an Employment Business Template is in Microsoft Word format, written in plain English, easy to use and edit.

 

 

 

 

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