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Terms of Business

WORKFORCE STAFF & BUSINESS AGENCY – CLIENT TERMS OF BUSINESS

1.  DEFINITIONS:

1.1.  In these Terms of Business the following definitions apply:-

  • “Assignment” means the period during which the Temporary Worker is supplied to render services to the Client.
  • “Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Temporary Worker is supplied.
  • “The Employment Business” means Workforce Staff & Business Agency 17-19 John Street, Helensburgh, G84 8BA.
  • “Engagement” means any employment or use of the Temporary Worker on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement.
  • “Temporary Worker” means the individual whose temporary services are supplied by the Employment Business to the Client.
  • “Candidate” means the individual whose permanent services are supplied by the Employment Business to the Client
  • “Introduction” means (i) the Client’s interview of a Temporary Worker in person or by telephone, following the Client’s instruction to the Employment Business to search for a Temporary Worker; or (ii) the passing to the Client of a curriculum vitae or other information which identifies the Temporary Worker; and which leads to an Engagement of that Temporary Worker by the Client.
1.2.  Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3.  The headings contained in these Terms are for convenience only and do not affect their interpretation.

2.  INTRODUCTIONS OF ALL TEMPORARY WORKERS/CANDIDATES ARE CONFIDENTIAL.

3.  THE CONTRACT – SERVICES SUPPLIED BY TEMPORARY WORKERS

3.1.  These Terms constitute the contract between the Employment business and the Client for the supply of the Temporary Worker’s services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Temporary Worker.

3.2.  No variation or alteration to these Terms shall be valid unless approved by the Employment Business in writing.

3.3.  Unless otherwise agreed in writing by the Employment Business, these Terms prevail over any terms of business or purchase conditions proffered by the Client.

4.  CHARGES

4.1.  The Client agrees to pay the agreed hourly charges of the Employment Business as notified at the commencement
of the Assignment and as may be varied from time to time during the Assignment.  The charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour).  The charges are comprised mainly of the Temporary Worker’s remuneration but also include the Employment Business’ commission, employer’s national insurance contributions, holiday entitlement and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. VAT is payable on the entirety of these charges. The current fees for the temp/perm vacancy and agreed with the Client by written quotation, which must be signed by the Client and returned to the Employment Business.

4.2.  The charges are invoiced to the Client on a weekly basis and are payable within 30 days.  The Company reserves
the right to charge compound interest on any overdue amounts at the rate of  5%  until the date of payment.

4.3.  Clients engaging themselves or introducing the Employment Business temporary worker to other employers or agencies with a resultant engagement whether permanently or for a limited period and whether the offer of employment is made during or at any time within twelve weeks after the termination of the temporary  worker’s engagement, must notify the Employment Business within 24 hours and will be charged an introductory fee accordingly.

5.  TIME SHEETS

5.1.  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 Client shall sign the Employment Business time sheet verifying the number of hours worked by the Temporary Worker during that week.

5.2.  Signature of the time sheet by the Client indicates satisfaction with the services provided by the Temporary Worker and confirmation of the number of hours worked.  Failure to sign the time sheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked.

6.  REMUNERATION

6.1.  The Employment Business assumes responsibility for payment of the Temporary Worker’s remuneration/holiday entitlement and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker.

7.  LIABILITY

7.1.  Whilst every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with the Client’s booking details, the Employment Business is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker.  For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence.

7.2.  Temporary Workers are engaged by the Employment Business under Contracts for Services. They are not the employees of the Employment Business but are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment.  The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether wilful, negligent or otherwise as though he was on the payroll of the Client.   The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff (excluding the matters specifically mentioned in Clause 7.1 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all Assignments.

7.3.  The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker.  The Client will assist the Employment Business in complying with the Employment Business’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations.  Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify the Employment Business of this requirement before the commencement of that week.

7.4.  The Client shall notify the Employment Business immediately and without delay and in any event
within [24] hours if the Temporary Worker fails to attend work or notifies the Client that he is unable to attend work for any reason.

7.5.  The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with Clause 7.1, 7.2 and 7.3 and/or as a result of any breach of these Terms by the Client.

8.  TERMINATION

8.1.  The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of workmanship.  If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately, or by directing the Employment Business to remove the Temporary Worker.  The Employment Business may in such circumstances reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates: -

  • a.    within eight hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours; or
  • b.    within two hours for bookings of seven hours or less.

8.2.  The Client, the Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.

PERMANENT STAFF

9.  THE CONTRACT – SERVICES SUPPLIED BY PERMANENT WORKERS

9.1.  These Terms govern the Introduction of Permanent Candidates of the Employment Business to the
Client and are deemed to be accepted by the client by virtue of its request for interview with, Introduction to, or Engagement with the client.

9.2.  No variation or alterations to these Terms shall be valid unless approved by the Employment Business, in writing.

9.3.  Unless otherwise agreed in writing by the Employment Business, these Terms prevail over
any terms of business or purchase conditions proffered by the Client.

10.  INTRODUCTION FEE

An introduction fee of 6.5% of annual salary is applicable to all permanent staff supplied, or

Should any one temporary work for twelve weeks in a consecutive temporary assignment for the client there will be no fee charged for that temporary should the client wish to employ them permanently.

11.  REFUND GUARANTEES – FOR PERMANENT STAFF

  • a). In order to qualify for the following guarantees, the Client must pay the Employment Business’ fee within seven days of the date of invoice and must notify the Employment Business in writing of the termination of the Engagement within 7 days of its termination.
  • b). If the Engagement terminates before the expiry of 12 weeks from the commencement of the Engagement (except where the Candidate is made redundant) the fee will be rebated in accordance with the Scale of Rebates as listed below.
  • c). If, after an offer of Engagement has been made to a Candidate, the Client decides for any reason to withdraw it, the client shall be liable to pay the Employment Business 3.25% of the initially agreed annual salary.
  • d). Should the Client or any subsidiary or associated company of the Client subsequently re-engage the Candidate within the period of 6 calendar months from the date of termination of the Engagement or withdrawal of offer, a full fee of 6.5% of annual salary will be charged.

12.  SCALE OF REBATES

In the unlikely event that the Candidate should not prove suitable Workforce will provide the following refunds during the first 12 weeks of employment. In order to qualify for the following guarantees, the Client must pay the Employment Business’ fee within seven days of the date of invoice and must notify the Employment Business in writing of the termination of the engagement within seven days of its termination.

There will be no refund where the Candidate leaves during or after the 13th week of the engagement or, in the event that the Client cancels the Engagement after an offer of an Engagement has been made to the Candidate

13.  SUITABILITY OF PERMANENT STAFF

The Employment Business endeavours to ensure the suitability of any Candidate supplied or introduced to the Client including the taking up of references.  Notwithstanding this the Client shall satisfy itself as to the suitability of the Candidate and shall take up any references provided by the Candidate and /or the Employment Business before engaging such a Candidate.  The Client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history of any applicant, and satisfying any medical requirements or qualifications required by law of the country in which the Candidate is engaged to work.

14.  LAW

These Terms are governed by the law of Scotland, England and Wales and are subject to the exclusive jurisdiction of the Courts of Scotland, England and Wales.
 
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WEST COAST - HEAD OFFICE

17/19 John Street,
Helensburgh,
Dunbartonshire,
SCOTLAND G84 8BA
Tel: 01436 672754 [3 lines]
Fax: 01436 672736
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EAST COAST - BRANCH OFFICE

NPFS Offices, Forth Centre,
Castle Road, Rosyth,
FIFE, SCOTLAND, KY11 2AS
Tel:  01383 420000
Fax:  01383 415500
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