Kaizen Candidate Contract
TERMS OF ENGAGEMENT OF TEMPORARY WORKERS (PAYE)
1.1 In these Terms of Engagement the following definitions apply. “Assignment” means period during which the Temporary Worker is supplied to render services to the Client. “Client” means the person, firm or corporate body requiring the services of the Temporary Worker. “Employment Business” means Kaizen Recruitment.
1.2 Unless the contract otherwise requires references to the singular include the plural and Reference 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. THE CONTRACT
2.1 These terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker. However, no contract shall exist between the Employment Business and the Temporary Worker between Assignments.
2.2 For the avoidance of doubt, these terms shall not give rise to a contract of employment between the Employment Business and the Temporary Worker. Employment Business is required to make statutory deductions from the remuneration in accordance with Clause 4.1
2.3 No variation or alteration of these Terms shall be valid unless approved by the Employment Business in writing.
2.4 Each Assignment shall constitute a separate contract for services for the temporary specified purpose and for the period of the Assignment. Unless otherwise agreed in writing each such contract shall operate under these terms.
2.5 In signing these terms the Temporary Worker confirms he has approached Kaizen Recruitment of his own accord.
3.1 The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker.
3.2 The Temporary Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer opportunities to work.
3.3 For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on an Assignment the start date for the relevant period under the “Organization of Working Time Act 1997″ shall be the date on which the Temporary Workers commences the first Assignment. Double employment is not permitted under The Organisation of Working Time Act 1997 where the total aggregate of hours exceeds the legal maximum
4.1 The Employment Business shall pay to the Temporary Worker remuneration calculated at a minimum hourly rate of €amount per working hour as notified by the Employment Business. The actual rate will be notified on a per Assignment basis for each hour worked during an Assignment (to the nearest quarter hour) to be paid weekly in arrears, subject to deduction of PRSI and income Tax and any other deduction which the Employment Business may be required by law to make.
4.2 Save for any statutory entitlement under the relevant legislation, the Temporary Worker is
Not entitled to receive payment from the Employment Business or Clients for time not spent
On Assignment, whether in respect of holidays, illness or absence for any other reasons unless otherwise agreed.
4.3 Certain contracts require the provision of overalls, hats, safety work wear etc. These may be or may not be provided by the Employment Business free of charge and the cost of cleaning or replacing such items so allocated may be or may not be charged to the Temporary Worker.
5. STATUTORY LEAVE
5.1 For the purposes of calculating entitlement to leave under this clause, the “leave year”” commences on the date the Temporary Worker starts an Assignment. Annual holiday entitlements will be in accordance with The Organization of Working Time Act 1997.
5.2 Leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on Assignment during the year. The amount of the payment to which the Temporary Worker Is entitled in respect of such leave Is calculated In accordance with and In proportion to the number of standard hours, which he/she works on Assignments.
5.3 When the Temporary Worker wishes to take any leave to which he/she is entitled, he/she should notify the Employment Business in writing of the dates of the intended absence.
5.4 Public/Bank Holidays will be paid when 40 hours have been worked in the five weeks preceding the week ending prior to the Public/Bank Holiday.
5.5 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker status as a self-employed worker
6. SICK LEAVE
6.1 Sick leave is unpaid
7. SICK LEAVE
7.1 During your employment with Kaizen Recruitment you must comply with the Health & Safety Regulations in the workplace of the Client to whom you are assigned. If there are any matters regarding your health and safety whilst in the work place of the client which cause you concern you are required to notify the Employment Business who will endeavor to resolve the issue with the Client. Whilst on assignment all candidates must have a pair of steel/ safety shoes in order to be given entry onto client sited.
8. CONDUCT OF ASSIGNMENTS
The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if he/she does so, during every Assignment and afterwards where appropriate he/she will:
8.1 Co-operate with the Clients staff and accept the direction, supervision and control of any Responsible person In the Clients.
8.2 Observe rules and regulations of the Clients establishment to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain;
8.3 Conform to normal hours of work at the Clients establishment, unless arrangements have Been made to the contrary.
8.4 Take all reasonable steps to safeguard your own safety and the safety of any other person who may be presented or affected by your actions on the Assignment and comply with the Health & Safety Policies of the Client.
8.5 Not engage in any conduct detrimental to the interests of the Client.
8.6 Not divulge to any person, nor use for your own or any other persons benefit, any confidential information relating to the Clients or the Employment Business employees, business affairs, transactions or finances.
9.1 The Temporary Worker is required to deliver to the Employment Business his/her timesheet duly completed, no later than Monday 10.00am to indicate the number of hours worked by him/her during the preceding week (or each lesser period) and signed by an authorised representative of the Client. Failure to submit a timesheet for hours worked may delay payment for these hours.
9.2 for the avoidance of doubt and for the purposes of The Organization of Working Time Act 1997, the Temporary Worker’s working day shall consist of those periods during which he/she is carrying out his/her activities or duties for the Company as part of the Assignment. Time spent travelling to the Companies premises, lunch breaks and other rest breaks shall not count as part of the Temporary Workers working time for these purposes.
10. METHOD OF PAYMENT
10.1 Your wages are transferred directly into your bank account a week in arrears on a Friday. Your payslip will be passed to you each week.
11. NOTICE AND TERMINATION
11.1 Each Contract for services shall terminate at the end of each individual assignment. If and when the temporary worker is placed on another Assignment the worker shall be deemed to have entered into a new Contract for Services with the Employment Business under the same Terms and Conditions as set out in this Agreement.
11.2 The engagement of a temporary worker on an Assignment may be terminated where the client requests the employment business to terminate the Assignment and shows good reason for such request. The employment business shall endeavor to mediate any matters at issue between the client and the temporary worker.
12.1 These Terms are governed by Irish law and are subject to the exclusive jurisdiction of Irish Courts.
12.2 In the event of working under a visa (GNIB), I ensure I will comply with working hours according to Irish legislation; additionally I will furnish Kaizen Recruitment Solutions Ltd with all updated visa information.
13. DISCIPLINARY PROCEDURE
13.1 If the Client terminates your employment for whatever cause, your employment also terminates with Kaizen Recruitment Solutions Ltd.
13.2 Signature below confirms you have read and accepted Kaizen Recruitment Solutions Ltd company policies and procedure document.
Leave this empty:
If you have questions about the contents of this document, you can email the document owner.
Document Name: Kaizen Candidate Contract
Agree & Sign