Terms & Conditions
The following are the Terms and Conditions of WorkWise Personnel (The Company) upon which it trades for the introduction of temporary personnel.
- The hire or use of a temporary worker defined as a member of the company’s workforce or any employee there have supplied by the company shall be deemed acceptance to these terms and conditions by the hirer (therein after the client). In the absence of any express or implied prior acceptance.
- The client agrees to pay the hourly charge (exclusive of VAT) of the company for the temporary worker advised at the time of booking and shown on timesheet for all hours worked, plus any expenses as agreed with the client will be shown separately on the company’s invoice in addition to the hourly charge. The charges made by the company to the client for the services of the temporary worker are confidential and will not be discussed to him/her.
- The company will endeavour to provide a temporary worker for the period of a booking out this cannot be guaranteed whether for all or any part of the period. The client accepts that no liability attaches to the company for not supplying a temporary worker for part or whole of the period booking.
- By signing a timesheet of the temporary worker the client authorises the company to make payment to the temporary worker for the hours shown in the total hour’s box thereon. Temporary workers are paid by the company immediately upon receipt of timesheets signed by the client who shall be deemed conclusive evidence.
(a) That the client is satisfied with the work done by the temporary worker concerned and
(b) that the client will pay the charges in full without dispute or deduction.
The failure by the client to sign any timesheets 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.
- Invoices will be presented to the client. Payment is due strictly within 7 days of date of invoice or as agreed.
- The company assumes responsibility for payment of wages deduction and payment of all statutory contributions in respect of earnings related national insurance and administration of schedule E income tax (PAYE) applicable to its temporary workers as required by the law. The client must not pay the temporary worker direct.
- Whilst the company does its best to select temporary workers, which it considers will be suitable to the clients needs, the company does not warrant the ability of temporary workers whose work is the client’s sole responsibility and which is done under the client’s sole control. The client will notify the company within 8 hours of the temporary workers commencing employment if the temporary worker proves unsatisfactory then non charge will be levied by the company for this period.
- Where the temporary worker is engaged whether on a contract of service or a direct or indirect temporary or permanent placement by the client or any subsidiaries of or associated company of the client or by some other body or person to whom the temporary worker has been referred by the client or a member of the client staff within six months of the date that the temporary worker last worked for the client. Then the client shall immediately notify the company and an introduction fee in accordance with the company’s current scale of the temporary workers annual introduction fee in accordance with the company’s current scale of the temporary workers annual salary (based on a 40 hour week hourly paid worker) hereof and no refunds will be payable for such placement as the ability of the temporary worker is deemed proven. In the event that the total remuneration including all taxable emoluments cannot be accurately established. Then the fee will be an amount equal to 240 times the current hourly charge rate made by the company of the temporary worker was in when last supplied to the client.
- Temporary workers provided to the company are provided under contracts for services and are deemed to be under the direction and control of the client from the time the worker reports to take up duties and for the duration of the assignment. The client agrees to be responsible for all acts, errors and omissions of the temporary worker are they wilful, negligent or otherwise as though the temporary worker were on a payroll of the client. The client will in all aspects comply with all statutes by laws, codes and practices and legal requirements to which the client is ordinary subject in respect of the client’s staff. Including in particular the health and safety legislation and provision of adequate employers and public liability insurance cover for the temporary worker during assignments.
- The client undertakes the indemnity and at all times to keep indemnified the company’s against all liabilities suffered by or incurred by the company arising out of the use or engagement of temporary workers.
- Should a temporary worker be required to provide services to the client of a different nature from those originally requested the charges made by the company will be a rate appropriate to the category of job description booked or for that actually undertaken which ever shall be the greatest.
- If no payment in full has been made within 7 days of the invoice date or as agreed, the clients shall owe, without prejudice to the company’s other right with effect from the invoice date, interest equally the interest rate of The Royal Bank of Scotland, effective on the invoice date plus 3% and all extra judicial and legal costs involved in the collection being at least 10% or the amount due shall be at the clients expense.
- Temporary drivers are supplied by the company on the sole understanding that the client hold operators licence under the transport act 1968 where required.
- The company will check references of drivers and will examine driver’s licences, certificates and permits. The client agrees to take direct responsibility for statutory duties in respect of driver’s hours and records. The issue of and collection of Tachograph cards, maintenance and safety of vehicles, health and safety regulations and road traffic, liability insurance’s including but not limited to fully comprehensive insurance for the vehicle to be driven and its contents.
- The company agrees to provide the client upon request with such information as is available to the company about any driving assignments carried out by the driver in the 7 days immediately proceeding the commencement of an assignment with the client, providing the driver shall have worked for a client of the company during those 7 days.
- The fee payable as set out in clause 23 by the client to the company is for the introduction of a candidate for employment which results in the engagement of the candidate by the client following the introduction of within 4 months thereafter and in whatever capacity the candidate is engaged by the client.
- The client agrees to notify the company immediately to reimburse the costs and expenses incurred by the company’s fee in respect of advertising in accordance with the clients request and to pay the company’s fees in respects there agreed at the time of the client’s request.
- The client agrees to notify the company immediately an offer of employment is accepted by the candidate.
- If the engagement of the candidate terminates before the expiry of 6 weeks the client will receive a rebate as set out in clause 23 provided the client notifies the company in writing within 7 days of the termination of engagement and has pre paid the company’s fees within 7 days of invoice. Should the client or and subsidiary or associated company of the client subsequently re-engaged the candidate within 3 calendar months from the date of termination, a full introduction fee in accordance with clause 23 becomes payable with no entitlements to refund.
- Introductions are confidential. The passing on of an introduction either directly or indirectly to another employer which results in an engagement renders the client liable to payment of the company fee set out in clause 23.
- The company endeavours to ensure the suitability of any candidate introduced to the client. The client shall not withstanding satisfy himself as the suitability of any candidate and shall take up the references and satisfy himself that the candidate has the necessary skills and qualifications to perform the tasks and duties required by the client. The client shall be responsible for obtaining work, or other permits, for the arrangement or medical examinations and/or investigations into the medical history of the candidate and for ensuring that the candidates satisfies any medical and other requirements or qualifications by law.
- The company shall not be liable for under the circumstances of any loss, damage or expense suffered or incurred by the client arising form or in anyway connected to the company seeking a candidate for the client or the introduction by the cpampny to the client of any candidate or the engagement of any candidate by the client.
- The company fees for the introduction of a candidate is an amount equal to the percentage of the remuneration of the candidate as set out below:-
£0 - £18999 10%
£19000 and above 15%
In the event of the engagement of a temporary worker where the remuneration cannot be accurately established then the introduction fee shall equal an amount of 240 times the current hourly rate made by the company for the temporary workers was in when last supplied to the client.
Rebate up to 2 weeks 75% rebate
Not exceeding 3 weeks 60% rebate
Not exceeding 4 weeks 40% rebate
Not exceeding 5 weeks 20% rebate
Not exceeding 6 weeks 10% rebate
This rebate provision does not apply to fees rising under clause 8 or 20.
PROHIBITION AGAINST EMPLOYMENT OF COMPANY EMPLOYEES
- The client undertakes and agrees not to be employ either directly or indirectly at any time during the provision of services by the company or within 6 months thereafter any employee of the company who has dealt with the client in the proceeding 12 months in the provision of services to the client without prior written consent of the company which will only be withheld so far as may be reasonably necessary to protect the legitimate business interest of the company.