Ketco Limited Terms Of Employment

The Working Time Regulations 1998, provide that the Temporary Worker shall not work on an Assignment with the Client in excess of the Working Week unless he agrees that this limit should not apply

I agree to opt-out of the 48 Hour Working Week.

Signed by the Temporary Worker:

Date:

The Temporary Worker may withdraw consent by giving the Employment Business two weeks notice in writing.
DEFINITIONS

In these Terms of Engagement the following definitions apply:

'The Assignment' means the period, during which the Temporary Worker is supplied to render services to the Client.

'The Client' means the person, firm or corporate body requiring the services of the Temporary Worker.

'Employment Business' means KETCO RECRUITMENT of 104 High Road, Chadwell Heath Romford Essex RM6 6NX.

'Temporary Worker' means ........................................................................................:

'Working Week' means an average of 48 hours each week calculated over a 17 weeks reference period.

Unless the contract otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.

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

THE CONTRACT

These Terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern each and every Assignment undertaken by the Temporary Worker. However, no contract shall exist between the Employment Business and the Temporary Worker between Assignments.

For the avoidance of doubt, these Terms shall 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, although the Employment Business is required to make statutory deductions from his remuneration in accordance with clause 4.1.

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

ASSIGNMENTS

The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker to work as a: .................................................................................

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 suitability shall be determined solely by the Employment Business and that the Employment Business shall incur no liability towards the Temporary Worker should it fail to offer opportunities to work in the above category or in any other category.

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 averaging period under the Working Time Regulations shall be 1 October 1998 or the date on which the Temporary Worker commences the first Assignment, if later.

RENUMERATION

The Employment Business shall pay to the Temporary Worker remuneration calculated at a minimum hourly rate of £................ 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 deductions in respect of PAYE Class 1 National Insurance Contributions and Income Tax pursuant to S134 of the Income and Corporate Taxes Act 1998 and any other reason unless otherwise agreed.

STATUTORY LEAVE

From 22 November 1999 you are entitled to 20 days holiday (excluding Bank Holidays and Public Holidays) pro rota in each period of 12 months.

Your holiday pay will be included in your hourly rate:

It is your responsibility to take annual leave in accordance with current legislation for which you are being paid.

None of the provisions of this clause regarding the statutory entitlement to paid leave shall effect the Temporary Worker's status as a self-employed worker.

TIME SHEETS

At the end of each week of an Assignment (or at the end of an Assignment where it is for a period of one week or less or is completed before the end of the week), the Temporary Worker shall deliver to the Employment Business his time sheet duly completed to indicate the number of hours worked by him during the preceding week (or such lesser period) and signed by an authorised representative of the Client. Failure to submit a time sheet for hours worked may delay payment for those hours.

For the avoidance of doubt and for the purpose of the Working Time Regulations, the temporary Worker's working time shall only consist of those periods during which he is carrying out his activities or duties for the Client as part of the Assignment. Time spent travelling to the Client's premises, lunch breaks and other rest breaks shall not count as part of the Temporary Worker's working time for these purposes.

CONDUCT OF ASSIGNMENTS

The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if he does so, during every Assignment and afterwards as appropriate, he/she will:

co-operate with the Client's staff 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 to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain;
unless arrangements have been made to the contrary, conform to the normal hours of work currently in force at the Client's establishment;
take all reasonable steps to safeguard his own safety and the safety of any other person who may be present or affected by his actions on the assignment and comply with the Health & Safety policy of the Client;
not engage in any conduct detrimental to the interests of the Client;
not at any time divulge to any person, nor use for his own or any other person's benefit, my confidential information relating to the Client's or the Employment Business' employees, business affairs, transaction or finances;
time taken as holiday must be agreed in advance with the Employment Business and the Client;
not use the Client's telephone, email or internet for personal purposes with the Client's authorisation.

If the Temporary Worker is unable for any reason to attend work during an Assignment he should inform the Client or the Employment Business by no later than 9:00am on the first day of absence to enable alternative arrangements to be made.

TERMINATION

The Employment Business may, without prior notice or liability, instruct the Temporary Worker to end an Assignment at any time.

The Temporary Worker may terminate an Assignment at any time immediately by informing the Employment Business.

LAW

These terms are governed by English law and are subject to the exclusive jurisdictions of the English Courts.