You appoint Project People with the authority to act as agent providing work-seeking services relevant to the Your individual skills in the IT sector or related industries for permanent and temporary work.
No charge is made to You for such work-seeking services by Project People.
Project People Limited (“Project People”) act as employment agency for the purposes of permanent roles and employment business for temporary and contract roles. In these capacities Project People undertake to convey to You such details related to the work that are afforded to Project People by clients including those related to remuneration, benefits and other employment terms.
Project People undertake not to disclose any information related to You without Your prior consent except for the purposes of work-seeking services or where current UK legislation enforces such disclosure.
Project People may require further information to confirm Your identity, to establish Your requirements related to work-seeking services, to validate Your experience, training, qualifications or other elements of Your curriculum vitae or if further information is requested by a client.
You agree to notify Project People immediately of any offer made by a client, likewise Project People undertakes to notify You of any offer made by a client and in detail the terms of that offer. Project People will confirm details of any offer to You in paper form or by email as soon as possible. You should not contact a client in relation to any application submitted through Project People.
If You are offered a permanent role by a client Project People will procure that the client shall issue terms and conditions of employment to you within 4 weeks of an offer being made.
If You are offered a temporary or contract role Project People will issue You with contract documentation for Your role. This will comprise of a Temporary Workers Agreement if you elect to be payrolled by Project People or a Supplier Agreement if you work through a limited company. Our standard Temporary Workers Agreement and Supplier Agreements are included below but the actual contract documentation to be issued to You will depend on which client you provide services to.
Also included is an Opt Out Notice. This is issued in compliance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (“Regulations”). Please consider the Opt Out Notice and if you wish to Opt Out of the Regulations please complete and return the Opt Out Notice before commencing a temporary or contract role. Should you Opt Out of the Regulations an Opted Out Supplier Agreement will be issued to You.
Project People and You may give one weeks written notice to terminate this contract.
TERMS FOR LIMITED COMPANY CONTRACTORS
THE CONTRACT
Is intended to be a contract for services between the Employment Business and Contractor
The Company acts as an Employment Business for the introduction of a Contractor to a Client
No contract shall exist between the Employment Business and the Contractor between Assignments.
ASSIGNMENTS
The Employment Business will endeavour to obtain suitable Assignments for the Contractor to work.
The Contractor shall not be obliged to accept an Assignment offered by the Employment Business.
The Contractor acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that suitability of the work to be offered shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Contractor should it fail to offer opportunities to work in the above category or in any other category; and that no contract shall exist between the Contractor and the Employment Business during periods when the Contractor is not working on an Assignment
The Employment Business shall inform the Contractor of the identity of the Client, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Contractor would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Contractor; and any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks. In addition the Employment Business shall inform the Contractor what experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are required by law to work in the Assignment.
If before the first Assignment, during the course of an Assignment or within the Relevant Period the Client wishes to employ the Contractor direct or through another employment business, the Contractor acknowledges that the Employment Business will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Contractor may be engaged directly by the Client or through another employment business without further charge to the Client. In addition the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Contractor to a third party who subsequently engages the Contractor within the Relevant Period.
FEES
The Contractor will receive payment from the Employment Business for time worked.
The actual rate will be notified on a per Assignment basis, to be paid monthly in arrears.
Subject to any agreement by the parties to the contrary the Contractor shall not be entitled to receive payment from either the Employment Business or the Client for time not spent on Assignment whether in respect of holidays, illness or absence for any other reason.
All payments will be made to the Contractor and the Contractor shall be responsible for any PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of its employees, officers or representatives (“Staff”) for any Assignment.
TIMESHEETS
At the end of each month of an Assignment (or at the end of the Assignment where an Assignment is for a period of less than one month or is completed before the end of a month) the Contractor shall deliver to the Employment Business the Employment Business’s timesheet duly completed to indicate the number of hours worked by the Contractor during the preceding month signed by an authorised representative of the Client.Such timesheets must be received by the Employment Business by no later than 4 weeks following the month to which they relate. This timesheet must be accompanied by an invoice from the Contractorfor the amount due from the Employment Business to the Contractorfor the hours worked in that month.Such invoice should bear the Contractor’s name, VAT number, and should state any VAT due on the invoice.
The Employment Business shall pay the Contractor each month for all hours worked regardless of whether the Employment Business has received payment from the Client for those hours.
Where the Contractor fails to submit a properly authenticated time sheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Contractor and the reasons that the Client has refused to sign a timesheet in respect of those hours.This may delay any payment due to the Contractor.The Employment Business shall make no payment to the Contractor for hours not worked.
LIABILITY
The Contractor shall be liable for any loss, damage or injury to any party resulting from the negligent acts or omissions of its Staff during an Assignment.
The Contractor shall ensure the provision of adequate Employer’s Liability Insurance, Public Liability Insurance and any other suitable policies of insurance in respect of the Contractor and its Staff during an Assignment and shall make a copy of the policy available to the Employment Business upon request.
CONTRACTOR’S OBLIGATIONS
The Contractor agrees on its own part and on behalf of its Staff as follows: -
- Not to engage in any conduct detrimental to the interests of the Employment Business or the Client which includes any conduct tending to bring the Employment Business or the Client into disrepute or which results in the loss of custom or business.
- To be present during the times or for the total number of hours during each day and/or week of the Assignment as may be agreed with the Employment Business or the Client.
-To take all reasonable steps to safeguard its own health and safety and the health and safety of any other person who may be affected by its actions on the Assignment.
-To comply with all statutoryobligations and codes of practice to which the Contractor is subject in respect of its Staff including but not limited to the Working Time Regulations.
-To comply with any rules or obligations in force at the premises where services are performed during Assignments to the extent that they are reasonably applicable.
-To co-operate with the Client’s staff and accept the direction of any person in the Client’s organisation to whom it is required to report and comply with all reasonable and lawful instructions within the scope of the Assignment made by the Client.
-To furnish the Employment Business with any progress reports as may be requested from time to time.
-Not to sub-contract to any third party any of the services which it is required to perform under anyAssignment.
-To notify the Employment Business forthwith in writing if it should become insolvent, dissolved or subject to a winding up petition.
-To comply with all the requirements of VAT legislation and the Companies Act 1985.
-If, either before or during the course of an Assignment, the Contractor becomes aware of any reason why the individual supplied to do the work may not be suitable for an Assignment, s/he shall notify the Employment Business without delay.
ACKNOWLEDGEMENT
The Contractor acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by the Contractor and its Staff for the Client during the Assignment shall belong to the Client. Accordingly the Contractor shall (and shall procure that any relevant member of its Staff shall) execute all such documents and do all such acts as the Employment Business shall from time to time require in order to give effect to its rights pursuant to this clause.
COMPUTER EQUIPMENT WARRANTY
The Contractor shall ensure that any computer equipment and associated software that it provides to its Staff for the purpose of providing the services contains anti-virus protection with the latest released upgrade from time to time.
CONFIDENTIALITY
In order to protect the confidentiality and trade secrets of any Client and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Contractor agrees on its own part and on behalf of its Staff as follows: -
-Not at any time whether during or after an Assignment (unless expressly so authorised by the Client or the Employment Business as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or confidential information of the Client;
- To deliver up to the Client or the Employment Business (as directed) at the end of each Assignment all documents and other materials belonging to the Client (and all copies) which are in its possession including documents and other materials created by it or the Staff during the course of the Assignment;
-Not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Client except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Client or the Employment Business as appropriate.
TERMINATION
An Assignment may be terminated by either the Employment Business or the Contractor by giving the other party such notice, if any as is specified in the assignment confirmation note.
The Employment Business may without notice and without liability instruct the Contractor to cease work on an Assignment at any time, where:
-The Contractor has acted in breach of the rules and regulations applicable to the Client’s own staff;
-The Client reasonably believes that the Contractor has not observed any condition of confidentiality applicable to the Contractor from time to time; or
-The Contractor becomes insolvent, dissolved or subject to a winding up petition
-For any reason the Contractor proves unsatisfactory to the Client.
Failure by the Contractor to give notice of termination as required in the assignment confirmation note shall constitute a breach of contract and shall entitle the Employment Business to claim damages from the Contractor for any resulting loss suffered by the Employment Business.
If the Staff are unable for any reason to work on an Assignment the Contractor should inform the Employment Business by no later than 10.00 am on the first day of absence to enable alternative arrangements to be made.
The Contractor acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between the Employment Business and the Client.In the event that the contract between the Employment Business and the Client is terminated for any reason the Assignment shall cease with immediate effect without liability to the Contractor.
RELATIONSHIP BETWEEN EMPLOYMENT BUSINESS AND CONSULTANCY
The Contractor acknowledges to the Employment Business that its services are supplied to the Employment Business as an independent contractor and that accordingly the responsibility of complying with all statutory and legal requirements relating to the staff of the Contractor (including the payment of taxation) shall fall upon and be discharged wholly and exclusively by the Contractor. In the event that any person should seek to establish any liability or obligation upon the Employment Business on the grounds that the staff are an employee of the Employment Business, the Contractor shall upon demand indemnify the Employment Business and keep it indemnified in respect of any such liability or obligation and any related costs expenses or other losses which the Employment Business shall incur.
NOTICES
All notices which are required to be given hereunder shall be in writing and shall be sent to the registered office from time to time of the party upon whom the notice is to be served. Any such notice may be delivered personally or by first class prepaid post or facsimile transmission and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours and if by facsimile transmission when dispatched.
LAW
These terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales
HEADS OF TERMS FOR TEMPORARY WORKERS
THE CONTRACT
is intended to be a contract of service between the Employment Business and the Temporary Worker
does not give rise to a contract of employment between the Employment Business and the Temporary Worker
The Temporary Worker is engaged as a self-employed worker
The Company acts as an Employment Business for the introduction of a Temporary Worker to a Client
The Employment Business is required to make statutory deductions from the Temporary Worker’s remuneration
ASSIGNMENTS
The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker
The Temporary Worker shall not be obliged to accept an Assignment offered by the Employment Business
The Temporary Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees no contract shall exist between the Temporary Worker and the Employment Business during periods when the Temporary Worker is not working on an Assignment
The Employment Business shall inform the Temporary Worker of the identity of the Client, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Temporary Worker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Temporary Worker; and any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks. In addition the Employment Business shall inform the Temporary Worker what experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are required by law to work in the Assignment
If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Client wishes to employ the Temporary Worker direct or through another employment business, the Temporary Worker acknowledges that the Employment Business will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Temporary Worker may be engaged directly by the Client or through another employment business without further charge to the Client. In addition the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Temporary Worker to a third party who subsequently engages the Temporary Worker within the Relevant Period.
The Employment Business shall pay to the Temporary Worker remuneration calculated at a minimum rate of the National Minimum Wage as determined from time to time
The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment
Subject to 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 reason unless otherwise agreed
STATUTORY LEAVE
Under the Working Time Regulations 1998, the Temporary Worker is entitled to 4 weeks’ paid leave per leave year
Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on Assignment during the leave year.
Where a Bank holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement.
SICKNESS ABSENCE
The Temporary Worker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria
TIME SHEETS
At the end of each week or month 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 Temporary Worker shall deliver to the Employment Business a time sheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Client.
The Employment Business shall pay the Temporary Worker every week or month of an Assignment for all hours worked regardless of whether the Employment Business has received payment from the Client for those hours.
Where the Temporary Worker fails to submit a properly authenticated time sheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Temporary Worker and the reasons that the Client has refused to sign a timesheet in respect of those hours.This may delay any payment due to the Temporary Worker.The Employment Business shall make no payment to the Temporary Worker for hours not worked.
CONDUCT OF ASSIGNMENTS
The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business
If s/he does so, during every Assignment and afterwards where appropriate, s/he will:
-Co-operate with the Client’s reasonable instructions and accept the direction, supervision and control of
any responsible person in the Client’s organisation;
- Observe any relevant rules and regulations of the Client’s establishment (including normal hours of work) to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain;
- Take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Client;
- Not engage in any conduct detrimental to the interests of theClient;
- Not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any confidential information relating to the Client’s or the Employment Business’ employees, business affairs, transactions or finances.
If the Temporary Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Client and/or the Employment Business within one hour of the commencement of the Assignment or shift.
If, either before or during the course of an Assignment, the Temporary Worker becomes aware of anyreason why he may not be suitable for an Assignment, he shall notify the Employment Business without delay
TERMINATION
The Employment Business or the Client may terminate the Temporary Worker’s Assignment at any time without prior notice or liability.
The Temporary Worker may terminate an Assignment at any time without prior notice or liability.
If the Temporary Worker does not inform the Client or the Employment Business [should they be unable to attend work during the course of an assignment this will be treated as termination of the assignment by the Temporary Worker
LAW
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales