Terms of Business for the Supply of Services

Transcription

1 Terms of Business for the Supply of Services TEMPORARY STAFF 1. ACCEPTANCE These Terms and Conditions apply when we, Skilled Recruitment Ltd assign our employees or contractors (Temporaries) for temporary assignment to work under your care, control and supervision (Assignments) subject to any variation recorded in writing and agreed to by the parties. 2. INTERPRETATION Company means Skilled Recruitment Limited Client means Candidate means a person who has given the Company authority to release their personal information to Clients and/or a person who has been introduced to the Client by the Company Employment means engaged either as an employee or contractor Gross Remuneration (GR) means the anticipated total annual taxable earnings payable to a Candidate from the date of employment by the Client RCSA refers to the Recruitment and Consulting Services Association Ltd 3. RATES 3.1 The rate to be charged for a Temporary will be as agreed between us prior to each Assignment, subject to rights of variation provided under this contract. 3.2 A minimum charge equal to four (4) hours at the hourly charge out rate agreed for the Temporary is payable for each day of an Assignment where an Assignment is less than four (4) hours long unless a variation is agreed between the Company and the Client We may vary the rate to be charged for a Temporary at any time by notifying you of the variation in writing. 3.4 In addition to the charges, you will pay GST and any other taxes which relate to an Assignment (except PAYE tax). 4. PAYMENT TERMS 4.1 Unless otherwise agreed, we will invoice you weekly. As our invoices are for the payment of temporary staff wages, our trading terms are payment on receipt of invoice. In accordance with the Page 1 of 6

2 relevant legislation, services provided shall carry a Goods and Services Tax (GST) at the prevailing rate. We reserve the right to charge market rate interest on overdue accounts. 4.2 We may immediately withdraw any of our Temporaries on Assignment if you do not comply with clause FURTHER ENGAGEMENT Where, during or within six months after the termination of an Assignment or for twelve months of the most recent referral of a Temporary to you; engage the Temporary as your employee or as an independent contractor; or introduce the Temporary to another person or organisation and that person or organisation engages the Temporary as an employee or as an independent contractor; You will pay a fee based on the salary of the Temporary and subject to a minimum fee regardless of salary, as set out below: Gross Annual Remuneration (including bonus/commission, car allowances and other salary items) 0 - $75, % $75,001 - $150, % $150, % Minimum Fee $2000 This fee will be reduced on a pro-rata basis by the amount of net margin paid during the period of Temporary employment. These fees may be varied on the prior agreement between the Company and the Client. 6. CANCELLATIONS If you wish to cancel an Assignment you must advise us at least twenty-four (24) hours before the Assignment is due to commence or, if this is not possible, as soon as practicable. If the work cannot be completed or commenced due to weather or other unavoidable conditions this will be accepted as being as soon as possible 7. LIABILITY 7.1 You agree that you: will supervise the Temporary while on Assignment; and are responsible for all acts and omissions of a Temporary while on Assignment. 7.2 We will not be liable for any loss, damage or expense suffered by you resulting from the acts or omissions of a Temporary while on Assignment, or from any delay or failure by us to refer a Temporary to you. 8. INSURANCE 8.1 The Temporary is not covered under our insurance policy. You undertake to ensure that the Temporary is adequately insured against any liability to third parties arising out of the Temporary s acts or omissions occurring while on, or arising out of, an Assignment. 8.2 The Temporary shall not be required to use his or her own vehicle for the purposes of an Assignment. Page 2 of 6

3 9. GUARANTEE If you determine a Temporary to be unsatisfactory on reasonable grounds, and terminate the Assignment: within four (4) hours of the start of an Assignment and you inform us within that time, no charges will be incurred by you in respect of that Temporary; after the first four (4) hours of an Assignment, we will use our reasonable endeavours to replace the Temporary, but normal rates will be charged. 10. SUBSTITUTION OF TEMPORARY We may in our sole discretion substitute one Temporary for another on any Assignment. 11. COMPLIANCE WITH LEGISLATION You agree to provide a safe workplace for the Temporary and will comply with all legislative and regulatory requirements relating to employees, including but not limited to health and safety, human rights and the Employment Relations Act NATURE OF RELATIONSHIP BETWEEN TEMPORARY AND COMPANY You agree that we employ the Temporary and that the Temporary while on Assignment does not become your employee. 13. DETAILS OF ASSIGNMENT 13.1 You agree to provide to us, the following details relating to the Assignment before the Temporary starts work on the Assignment: (c) (d) a description of the work to be performed; and details of where the Temporary is to perform the work; and details of the hours to be worked by the Temporary; and the Client s Health and Safety policies and/or procedures You understand that the above details in clause 13.1-(d) are required by the Company in order to comply with the requirements of the Employment Relations Act 2000, and its obligations under the Health and Safety in Employment Act 1992 If you fail to provide this information before the commencement of the Assignment, we may not be able to provide the Temporary. 14. HEALTH AND SAFETY 14.1 You will ensure that the Temporary receives appropriate training and induction in the safe operation of any equipment needed to perform the Assignment, emergency procedures, and the safe performance of the Temporary s duties. The records of such training and induction shall be made available to us on request You shall take all practicable steps to ensure that no hazard/risk that is or arises in the Temporary s place of work causes harm to the Temporary You shall ensure that the Temporary wears and/or uses any protective clothing and/or equipment required in performing the Assignment You shall nominate a contact person with whom the Temporary may confer in the event of any health and safety issues or concerns You shall immediately inform us of any incident, accident or near-miss involving the Temporary If we believe that a hazard/risk in or arising in your premises or operations poses an unacceptable risk to the health and/or safety of the Temporary, we shall be entitled, without penalty, to withdraw the Temporary. If within a reasonable time the hazard/risk is not eliminated, isolated or minimized to our satisfaction, we shall be entitled to terminate the Assignment. Page 3 of 6

4 15. PERSONAL PROTECTIVE CLOTHING/EQUIPMENT 15.1 You agree that you are in the best position to establish whether protective clothing and/or equipment is required by the Temporary in performing the Assignment, and if so, the exact requirements. For this reason, you agree to provide us with details of any protective clothing and/or equipment required to ensure the safety of the Temporary. If required protective clothing is not provided we will ensure that the Temporary supplies or is supplied with the necessary protection. PERMANENT STAFF 1. APPLICATION These Terms and Conditions remain in force until varied and bind the Company and the Client when: The client indicates in writing they are accepted or The Client accepts the introduction of a Candidate by the Company 2. INTERPRETATION Company means Skilled Recruitment Limited Candidate means a person who has given the Company authority to release their personal information to Clients Client means Employment means engaged either as an employee or contractor Gross Remuneration (GR) means the anticipated total annual taxable earnings payable to a Candidate from the date of employment by the Client RCSA refers to the Recruitment and Consulting Services Association Ltd 3. COMPANY RESPONSIBILITIES 3.1. The Company will take reasonable steps to ensure that it will: Client (c) (d) take a professional approach to sourcing and assessing Candidates prior to introduction to the introduce only candidates who appear suitable for employment by the Client have the Candidate s permission to present that Candidate to the Client diligently follow the Client s instructions (e) manage the Candidate s personal information as required by the Privacy Act 1993 (f) remain bound by the RCSA s Code for Professional Conduct 4. CLIENT RESPONSIBILITIES 4.1 The client will take reasonable steps to ensure that it will: (c) (d) Manage the Candidate s personal information in terms of the Privacy Act including not releasing or forwarding that information to any other party without the Company s permission. Hold the Candidate information only for so long as necessary to determine the candidate s suitability for employment after which time the Candidate information will be destroyed. Only engage the Company when there are no suitable candidates in the Clients internal database or other sources Ensure any interviews of the Candidate/s conducted by the Client are arranged though the Company Page 4 of 6

5 (e) All reference / credit / police / skill and psychometric checking and the like have been conducted to the satisfaction of the Client before an offer of employment is made to the Candidate The final decision and responsibility to recruit the Candidate is the Client s 5. GUARANTEE 5.1 If the employment of the Candidate introduced by the Company is terminated through dismissal or resignation, within 26 ( twentysix) weeks of employment the Company will endeavour to find a replacement free of charge. 5.2 This guarantee is valid for a period of 6 (six) months after the termination 5.3 This Guarantee does not apply if the Candidate has been terminated through the 90 day trial period provisions contained in S67A or B of the Employment Relations Act 5.4 When the Client employs a replacement Candidate there will be no guarantee period for that replacement. 6. OUR SERVICE FEES AND CHARGES 6.1 If no fee has been paid and the Client introduces the Candidate to any Third Party without the Company s permission, the Client agrees to pay to the Company the Fees detailed in this Agreement Where the Client or Third Party employs a Candidate introduced by the Company, the following fees (excl GST) will apply: a) Where the Company anticipates the Client s needs and on the Company s initiative introduces a Candidate to the Client, a service fee of 10.0 % of GR b) Where, on the instruction of the Client, the Company is asked along with other Recruitment Agencies to source a Candidate for the Client, a service fee of 10.0 % of GR c) Where on the instructions of the Client, the Company works exclusively for the Client through the whole recruitment process a service fee of 10.0% of GR Where the Company is retained to recruit in terms of 6.2(c) the Client may be invoiced: - 1/3 rd of the applicable fee upon the introduction of the Candidate (Minimum fee of $1250 plus GST - 1/3 rd of the applicable fee upon the arranging of interviews between the Candidate/s and the Client. (minimum fee of $1250 plus GST - The balance of the applicable fee on the employment of the successful Candidate. Otherwise, the Client will be invoiced when the Candidate accepts an offer of employment from the Company and the invoice is to be paid within 7 (seven) days The Company will seek approval for any additional costs to be paid by the Client prior to those costs being incurred If the Client fails to pay on time the Company may charge the Client the full costs of any recovery action and interest calculated daily and compounded monthly at 10% above the Official Cash Rate applicable at the time of the Invoice Where a Client employs a Candidate a service fee is payable no matter that the Candidate is subsequently identified on the Client database or introduced though a third party. 7. LIABILITY 7.1. The Company accepts no liability for any loss or damage caused by a Candidate introduced by the Company before, during or after the Candidates employment. Page 5 of 6

6 8. DISPUTES 8.1. If any dispute arises about the terms of this agreement or its effect, the parties will firstly try to resolve the dispute by negotiation, mediation or expert appraisal Any person with a grievance against an RCSA Member can contact the RCSA for details of the Disciplinary and Dispute Resolution Procedures Agreed by SKILLED RECRUITMENT LTD Name Signature Date Agreed by Name Signature Date Page 6 of 6