Muirhead Aerospace SERVICE LEVEL AGREEMENT SUPPLY OF RECRUITMENT AND TEMPORARY SERVICES

Transcription

1 Muirhead Aerospace SERVICE LEVEL AGREEMENT SUPPLY OF RECRUITMENT AND TEMPORARY SERVICES Policy - Agency Service Level Agreement Page 1 of 7

2 INDEX 1. Scope Expectations Interpretation Permanent or Contract Staff to be Directly Employed by the Client THE CONTRACT AND REQUIREMENTS ADVERTISING NOTIFICATION AND FEES REFUNDS INTRODUCTIONS SUITABILITY AND REFERENCES SPECIAL SITUATIONS Terms of Business for Temporary Staff THE CONTRACT AND REQUIREMENTS TIME SHEETS TEMPORARY WORKER CHARGES PAYMENT UNSUITABLE TEMPORARY WORKER RESPONSIBILITY FOR TEMPORARY WORKER LIABILITY OF AGENCY OTHER OBLIGATIONS TERMINATION Acceptance... 6 Policy - Agency Service Level Agreement Page 2 of 7

3 1. Scope This document outlines all terms relevant to the provision of permanent and temporary resource for Muirhead Aerospace. The headings are for reference only and do not affect interpretation. 2. Expectations The Service Level Agreement expectations are detailed below and should be followed. Company name and location to be disclosed prior to submitting candidates. Unless otherwise advised, Muirhead Aerospace job description is to be sent to candidates. Full in-depth discussion with candidate regarding career history, suitability for role, reasons for leaving and any gaps in the career history explained. If short-listing criteria have been given, then it would be helpful to have identified examples. Confirmation of introduction form to be completed and forwarded on to Muirhead Aerospace. Name of candidate and position applied for to be put in the subject box. Agency logo/name to be visual on the CV. Muirhead Aerospace will not accept the registering of a candidate name without the full CV, which must be received by Human Resources. If it is sent to another department, manager or Director the company will not consider it to have been received. All CVs are recorded on to the HR Recruitment database and this provides the definitive list and is the reference point for progress of CVs. By completing the above, candidates will have a full understanding of the position and requirements, and in turn, both you, the Agency and Muirhead Aerospace are attracting the right people for the role. 3. Interpretation In this Agreement, the following terms shall have the following meanings: Agency means Name of Agency. Agreement means the terms and conditions of this document, including any schedules; "Assignment" means the carrying out of work for the Client; "Client" means Muirhead Aerospace; Contract Fee means the fees payable where the Temporary Worker is engaged for a fixed term; Regulations mean the Conduct of Employment Agencies and Employment Businesses Regulations 2003; "Hourly Charge" means the hourly charging rate agreed in advance between the Client and Agency in respect of a Temporary Worker; Permanent Worker means an employee; Working Time Rules means the relevant part of the Working Time Regulations 1998 No 1833, as amended; "Temporary Worker" means any person introduced by the Agency to the Client other than a Permanent Worker. 4. Permanent or Contract Staff to be Directly Employed by the Client 4.1 The contract and requirements These are the agreed terms for the Preferred Suppliers of the Client s permanent recruitment needs No variation or alteration to these Terms shall be valid unless the details of such variation are agreed in writing between the Agency and the Client. 4.2 Advertising The Client agrees to the advertising of any vacancies within the Agency s corporate advertisements unless and until the Clients expressly withdraws that consent Agencies must advertise any vacancy in a professional manner, and not just copy and paste the job spec to be used as an advert Agreement to reimburse the Agency for the cost of any advertising must be agreed prior to any Client funded advertising being undertaken. 4.3 Notification and fees No fee is incurred by the Client until the Applicant commences the engagement when the Agency will render an invoice to the Client for its fees The Client agrees: Policy - Agency Service Level Agreement Page 3 of 7

4 To notify the Agency immediately of any offer of an engagement to the applicant; To notify the Agency immediately that its offer of an engagement has been accepted and to provide details of the remuneration to the Agency; and To pay the Agency s fee within 30 days of the date of invoice The fee payable to the Agency under the terms of this agreement is the amount equal to 15% of the annual basic salary applicable during the first 12 months of the engagement. If the engagement is for a fixed term of less than 12 months, the pro rata fee will apply. 4.4 Refunds In order to qualify for the following refund, the Client must notify the Agency in writing/by of the termination of the engagement within 7 days of its termination If the engagement terminates before the expiry of 12 weeks from the commencement of the engagement (except where the Applicant is made redundant) the fee will be refunded in accordance with the Scale of Refund set out in the table below Where the Applicant resigns during the first 12 weeks of the engagement, a partial refund of the introduction fee shall be paid to the Client in accordance with the scale set out below, subject to the conditions: Week in which the Applicant gives notice of resignation % of introduction fee refunded % % % % % % There will be no refund if Applicant resigns or after the 13th week of the Engagement. 4.5 Introductions Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency, must be advised to the Agency ahead of such an introduction The Agency shall not contact any existing employees in the hope of placing them with another of their Customers, whilst on the Clients PSL. 4.6 Suitability and references The Client expects the Agency to adhere to its expectations set out in section To ensure that candidates are aware of the Client, the role, the Agency must submit along with the CV a confirmation of introduction which will clearly show some correspondence between the Agency and candidate In the event that duplicate CVs are submitted, the Client will accept the CV submitted first as long as a confirmation of introduction has been forwarded. Although the Client does not ask that references be sought for permanent roles it is expected that all gaps in CVs be accounted for and reasons for leaving all posts are outlined to the Client Through matching to the job specification, it is the Agency s responsibility to ensure that the candidate has the experience and qualifications necessary to perform the role for which they have been submitted The Client will ensure the candidate, if selected for interview, has the required skills and background to perform the role and to fit the company s culture The Agency MUST ensure that all candidates have the right to work in the UK. 4.7 Special situations Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill the Agency will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Applicant, two references from persons not related to the Applicant who have agreed that the references they provide may be disclosed to the Client and has taken all reasonable steps to confirm that the Applicant is suitable for the position. If the Agency is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information. Policy - Agency Service Level Agreement Page 4 of 7

5 5. Terms of Business for Temporary Staff 5.1 The Contract and Requirements If requested by the Client to do so, the Agency will use its reasonable endeavours to submit CVs of persons who may be appropriate to carry out an Assignment Two satisfactory references MUST be taken up by the Agency prior to submitting the Temporary Worker s details. These references should be forwarded with the CV In consideration of the Agency submitting the CVs of Temporary Workers the Client agrees to pay any sums which become due to the Agency under this Agreement The Client undertakes to inform the Agency immediately if at any time it believes or there are reasonable grounds to believe that it would be detrimental to the interests of the Temporary Worker or the Client for the Temporary Worker to work for the Client in the position which the Client is seeking to fill No later than the time at which it proposes a Temporary Worker to the Client, the Agency will identify the Temporary Worker to the Client stating that the person: Has the experience, training, qualifications and any authorisation considered necessary or required by law to work in the relevant position; Is willing to work in the relevant position; Will be engaged by the Agency under a contract for services. 5.2 Time Sheets At the end of each week in which the Temporary Worker works for the Client The Temporary Worker s direct line manager MUST sign a timesheet in order for the client to pay the agency s fee and such signature will be deemed to be conclusive proof: of the work of the Temporary Worker; that the hours specified in the timesheet are correct; and that the Client agrees to pay the Agency s charges due in relation to such hours: 5.3 Temporary Worker Charges In the event that the Client uses the services of a Temporary Worker the Client agrees to pay the Hourly Charge at a pre-agreed rate with the Agency If the Temporary Worker is to be engaged on a fixed term contract, the Agency shall be entitled to charge 15% of the annual salary pro rata the length of the contact term An additional pro-rata of the original Contract Fee will become payable in the event that an engagement is extended beyond its original scope For Temporary Workers appointed permanently the fee will be as detailed in the table: Time worked before taken on permanently Fee payable as a percentage of fee stated in section Up to 4 weeks 100% > 8 weeks 75% >12 weeks 50% 14 weeks and over No fee In the event of a 12 week gap when the temporary worker ceases working for the Client, the agency agrees the Client is entitled to contact the temporary worker to take up employment direct with the client with no fee applicable to the agency. 5.4 Payment The Hourly Charge, Contract Fees and all other fees are exclusive of VAT (at the prevailing rate) for which the Client shall also be liable to pay The Agency will invoice the Client weekly in arrears The Client shall pay the Agency s invoices within 30 days of receipt. 5.5 Unsuitable Temporary worker Should a Temporary Worker prove unsatisfactory or unsuitable the Client will inform the agency, who in turn will inform the Temporary worker If the Agency has information which indicates that a Temporary Worker may be unsuitable for the position, but such information does not give rise to reasonable grounds to believe that the Temporary Worker is unsuitable, it shall (a) inform the Policy - Agency Service Level Agreement Page 5 of 7

6 Client and (b) make such further enquiries as are reasonably practicable and inform the Client of such enquiries and any resulting relevant information. If such further enquiries lead to the Agency to have reasonable grounds to believe that the Temporary Worker is, unsuitable it shall end the supply of the Temporary Worker. 5.6 Responsibility for Temporary Worker Whilst the Agency only intends to introduce a Temporary Worker who will be able to satisfy the requirements of the Client, it is the responsibility of the Client to interview any Temporary Worker and to satisfy itself as to the suitability of the Temporary Worker (by making such enquiries as it shall think fit). The Agency shall before introducing the Temporary Worker to the Client obtain confirmation of the Temporary Worker's identity and that (s)he has the experience, training, qualifications and any other authorisation which the Agency considers necessary or which are required by law or by any professional body to work in the position which the Client seeks to fill. 5.7 Liability of Agency Except in respect of death or personal injury caused by the Agency s negligence (for which the Agency s liability shall be unlimited) the Agency is not liable to the Client by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms hereof for any indirect, special or consequential loss or damage (including but not limited to loss of profit) costs expenses or other claims for compensation (whether caused by the negligence of the Agency its employees or agents or otherwise) which arise out of or in connection with the supply of any Temporary Worker For the avoidance of doubt and without prejudice to the generality of clause the Agency shall not be liable to the Client for any loss, damage, costs, expenses, or other claims for compensation arising from: any failure of the Temporary Worker to meet the requirements of the Client save as for those requirements which are to be confirmed by the Agency to the Client by virtue of section 5.1; any act or omission of a Temporary Worker (whether wilful negligent fraudulent dishonest reckless or otherwise); The Agency will endeavour to provide a Temporary Worker for the duration of the Assignment, if the Temporary Worker cannot commit to the duration of the Assignment, the Agency MUST inform the Client. It is then the Clients decision as to whether the Temporary Worker is offered the assignment. 5.8 Other Obligations It is the Client s obligation to ensure that the Working Time Rules are adhered to The Client agrees to undertake an internal eye test for all temporary production staff to ensure they comply to the Client s standards. 5.9 Termination Either party shall be entitled to terminate this Agreement and any contract which is subject to the terms of this Agreement immediately by written notice to the other if: the other commits any continuing or material breach of any of the provisions of this Agreement/the contract and in the case of a breach which is capable of remedy, fails to remedy the same within 14 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; any encumbrance takes possession or a receiver is appointed over any of the property or assets of the other; the other makes any voluntary arrangement with its creditors or becomes subject to an administration order; or the other goes into liquidation. 6. Acceptance All agencies on the clients Preferred Supplier List (PSL) will have to agree to these terms, before working on any roles. If you forward CVs to the Company and they are inadvertently progressed, these terms will apply, regardless of the Agency supplying their terms at the point of introduction. Policy - Agency Service Level Agreement Page 6 of 7

7 SIGN OFF BETWEEN AGENCY AND MUIRHEAD AEROSPACE Signed for and behalf of Muirhead Aerospace Signature Print Name Date Signed for and behalf of Name of Agency Signature Print Name Date Policy - Agency Service Level Agreement Page 7 of 7