Terms of Business For the Introduction and Supply of Temporary Workers

Transcription

1 Terms of Business For the Introduction and Supply of Temporary Workers CONTRACT These Terms constitute the contract between A1 Recruitment & Temporary Employment SRL and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or Engagement of a Temp Worker or the passing of any information about the Tamp Worker to any third party following an Introduction. These terms contain the formal agreement between the parties and unless otherwise agreed in writing, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client. DEFINITIONS Temp Agency Temp Worker Client Temp Assignment Assignment Details as an authorized staffing agency by the Romanian Ministry of Labor (authorization no. 42/ ) Romanian citizen or foreign citizen resident in Romania employed or contracted by a Temp Agency on a temporary basis in order to accomplish an assignment for a Client. Person, firm or corporate body together with any subsidiary or associated business to which the Temp Worker is introduced and supplied for the purpose of engagement and use on a temporary basis Period during which the Temp Worker is supplied to the Client by the Temp Agency to provide services for the Client Written requisition issued by the Client which 1

2 Form Acceptance Form Introduction Engagement Transfer Extended hire comprises the agreed details of the services to be provided by the Temp Agency Written confirmation issued by the Client to the Temp Agency after the Introduction and indicating the Temp Workers deemed to be engaged for the assignment Passing to the Client of the resume, professional profile or any information that identifies the Temp Worker following the Contract provisions or Client s instructions during the execution of the Contract Use of the Temp Worker by the Client on a temporary or permanent basis under an employment or service contract with the Temp Agency Situation in which the Temp Worker is retained by the Client who requests in written to take over the Temp Worker on its payroll Additional period in which the Client wishes the Temp Worker to be supplied by the Temp Agency beyond the initial assignment or series of assignments as an alternative to the transfer. GENERAL CLIENT OBLIGATIONS to provide the Temp Agency with an Assignment Details Form including the following information: a. the necessary number of Temp Workers to be supplied by the Temp Agency b. the job description (s) c. the assignment duration d. the date when Client requires the Temp Worker to commence the assignment e. the contact details of the person on behalf of the Client who will liaise with the Temp Agency f. the experience, qualification and/or authorization and corresponding compliance documents required to the Temp Worker 2

3 g. the type of work that Temp Worker would be required to do h. the working conditions, location, maximum work periods, minimum rest periods, conditions of employment of pregnant women, of children and of young people i. minimum rate of pay, extra hours pay, night shift pay or any other benefits offered j. social and health insurance conditions applicable in Client s country k. risks to health and safety associated with the Temp Worker assignment and the necessary safety equipment to be provided to the Temp Worker to release a written Acceptance Form to the Temp Agency indicating the names of the Temp Workers introduced by the Agency and deemed to commence the assignment. after engagement, at the end of every week or month (or at the end of the assignment where it is for a period of one month or less) the Client will release the Timesheet to the Temp Agency indicating the exact number of hours worked by the Temp Worker(s). Signature of the timesheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a timesheet produced for authentication by the Temp Worker because the Client disputes the hours claimed, the Client shall inform the Temp Agency as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Temp Agency to enable it to establish what hours, if any, were worked by the Temp Worker. Failure to sign the timesheet does not absolve the Client s obligation to pay the charges in respect of the hours worked. The Client shall not be entitled to decline to sign a timesheet on the basis that it is dissatisfied with the work performed by the Temp Worker.. to pay the weekly/ monthly invoice issued by the Temp Agency for the services provided by the Temp Workers to ensure that all working conditions required by the local legislation as well as internal rules and personnel policy equally apply to the Client s perm employees and to the Temp Workers supplied by the Temp Agency. in case the Temp Worker will be required to work with children, vulnerable adults or any special social category the Client shall assist the Temp Agency with any necessary information as to allow it comply with the statutory obligations and select suitable Temp Workers for the job. 3

4 PAYMENT OF THE TEMP WORKER The Temp Agency assumes responsibility for paying the salary and the corresponding for the Temp Worker. The payment date is subject of negotiation between Agency and the Temp Worker. CHARGES The Client agrees to pay the hourly charges to the Temp Agency according to the timesheet. The hourly charges are calculated based on the number of hours worked by the Temp Worker and include the following: - base salary, fees or gross hourly rate of pay - employer s National Insurance contributions - an amount equal to any statutory leave to which the Temp Worker is entitled during the assignment - guaranteed and/or anticipated bonus and commission earnings - inducement payments - daily allowance and corresponding taxes - any travel, hotel or other reasonable expenses related to the job that have been agreed with the Client - other taxable or non-taxable payable or receivable by the Temp Worker for services rendered to or on behalf of the Client - the Temp Agency commission which is calculated as a percentage of the Temp Worker s hourly rate The Charges are invoiced to the Client on a weekly / monthly basis and are due in 15 calendar days from the invoice issue date. The Agency reserves the right to charge interest on late payment. INTRODUCTION FEE Introductions of Temp Workers are confidential. The disclosure by the Client to a third party of any details regarding a Temp Worker Introduced by the Temp Agency which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of Introduction fee with no entitlement to any refund. The Introduction of the Temp Worker to the Client is free of charge for the Temp Workers supplied by the Agency for a minimum 3 months assignment. 4

5 If the Temp Worker has been introduced but not supplied to the Client for a temporary assignment and the Client engages the Temp Worker directly or through another Agency or a associated business within 6 months from the Introduction, the Client shall be liable to pay an Introduction fee equivalent to 100% of the minimum level of monthly gross remuneration applicable for the position in which the Temp Worker has been initially introduced for to the Client. TRANSFER FEE The transfer of the Temp Worker to the Client s payroll is free of charge after minimum 3 month s temp contract with the Temp Agency for the provision of the envisaged Temp Worker. The Client shall be liable to pay the transfer fee if it engages directly or through another Agency or an associated business a Temp Worker supplied by the Temp Agency prior to the conclusion of the first 3 months of the temporary assignment. The transfer fee is calculated as an equivalent to 50% of the minimum level of monthly gross remuneration applicable for the position in which the Temp Worker has been initially supplied for to the Client. No refund of the Transfer fee will be paid by the Temp Agency in the event that the engagement by the Client either directly or through another Agency or associated business subsequently terminates for any reasons. EXTENDED HIRE FEE If the Client wishes to extend the assignment of the Temp Worker during the current Contract with the Temp Agency, it will send a written advance notification to the Temp Agency indicating the additional duration of the assignment as well as any modifications of the initial Assignment Details Form. The extended hire up to 12 months will be charged on current hourly rate as the initial temporary assignment whilst the extended hire beyond the first 12 months will benefit from a 20% discount of the initial hourly commission of the Temp Agency. CANCELLATION FEE If, after an offer of engagement made to the Temp Worker the Client decides for any reason to withdraw it, the Client shall be liable to pay the Temp Agency a 5

6 minimum fee of 25% of the minimum level of monthly gross remuneration applicable for the position in which the Temp Worker has been introduced to the Client. TERMINATION OF THE ASSIGNMENT Any of the Client, Temp Agency or Temp Worker may terminate an assignment at any time based on written advance notification sent to the counterpart 2 weeks prior to the envisaged termination date. In such event all parties are liable for any charges / payments due by the assignment termination date. SUITABILITY OF TEMP WORKERS The Temp Agency endeavors to ensure the suitability of any Temp Worker introduced to the Client by obtaining confirmation of the Temp Worker s identity; professional experience, training, qualifications and any authorization which the Client considers necessary or which may be required by law or by any professional body. The Temp Agency will ensure in written that the Temp Worker is willing to work in the position which the Client seeks to fill and that the Temp Worker has minimum one letter of references from a previous employer. To enable the Temp Agency to comply with its suitability obligations the Client undertakes to provide the details of the position which it seeks to fill. The Client agrees on supervising the Temp Worker in order to assess the quality of his work. If the Client reasonably considers that the services of Temp Worker are unsatisfactory, the Client is entitled to terminate the assignment by requiring the Temp Agency to remove and replace the Temp Worker on the basis of a written notification explaining the grounds of its decision. The Agency may reduce the charges for the respective Temp Worker or shall replace him with another Temp Worker in maximum two weeks from Client s notification date. CONFIDENTIALITY AND DATA PROTECTION All information relating to a Temp Worker is confidential and subject to the Romanian Law of Data Protection (677/2001) and is disclosed to the Client solely for the purpose of providing work-finding services. Such information will not be used for any other purpose nor divulged to any third party. The Client agrees to 6

7 abide by the provisions of the Data Protection Law in receiving and processing the Temp Worker data. LIABILITY The Client shall advise the Temp Agency of any special Health and Safety matters about which the Agency must inform the Temp Worker and about any requirements imposed by law or by any professional body which must be satisfied by the Temp Work during the assignment. Temp Workers provided by the Temp Agency are engaged under labor contract or contract for services. For the duration of the Assignment they are deemed to be under the supervision, direction and control of the Client who agrees to be responsible for all acts, errors and omissions of the Temp Workers whether willful, negligent or otherwise as though the Temp Worker was on the payroll of the Client. The Temp Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indir ect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Temp Agency seeking a Temp Worker for the Client or from the Introduction to or Engagement of any Temp Worker by the Client or from the failure of the Temp Agency to introduce any Temp Worker. The Temp Agency shall not be liable for the Temp Worker s negligence, dishonesty, misconduct, lack of skill during the assignment or for the Temp Worker who decides to terminate the assignment by any reason. SEVERABILTY If any of the provisions of this Contract shall be determined by any competent authority to be enforceable to any extent, such provision shallbe severed form the remaining Contract which shall continue to be valid to the fullest extent permitted by applicable laws. GOVERNING LAW AND JURISDICTION The current Contract is governed by the Romanian law and European legal provisions on the free movement of workers and is subject to the jurisdiction of Bucharest authorities. 7