If YES you must complete the following section
TERMS OF ENGAGEMENT FOR TEMPORARY WORKERS
1 - DEFINITIONS…
1.1 In these Terms of Engagement the following definitions apply:-
means the period during which the Temporary Worker is supplied to render services to the Client;
means the person, firm or corporate body requiring the services of the Temporary Worker;
means Stretch Yoga Limited of 30 Crofton Park Road London SE4 1AE
means the below:
Services Childrens’ Activities
1.2 Unless the context otherwise requires, references to the singular include the plural and references to the feminine include the masculine and vice versa.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 These Terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker.
2.2 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 may be required to make statutory deductions from her remuneration in accordance with clause 4.2.
2.3 No variation or alteration of these Terms shall be valid unless approved by the Employment Business in writing.
3.1 The Employment Business will endeavor to obtain suitable Assignments for the Temporary Worker as a Teacher of Yoga and other activities.
3.2 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 to the Temporary Worker should it fail to offer opportunities to work in any of the other categories.
3.3 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 the date on which the Temporary Worker commences the first Assignment.
4.1 In normal circumstances the Temporary worker shall invoice Stretch Yoga Limited for work carried out during a calendar month at the end of that month and at the rate agreed on a per assignment basis. Where a Temporary Worker is put onto the Stretch Yoga payroll clause 4.2 below shall replace this clause.
4.2 If a Temporary Worker is on the payroll then the Employment Business shall pay to the Temporary Worker remuneration calculated equal to or above the National Minimum Wage (rate for adults aged 22 and over - £6.80). 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 monthly in arrears. The monthly wage will be subject to deductions in respect of Income Tax pursuant to S134 of the Income and Corporation Taxes Act 1988 (unless the Temporary Worker can provide a Tax Exemption code from their Tax Office) and any other deductions which the Employment Business may be required by law to make. The Employment Business will be responsible for paying Employers’ N I contributions as required by law.
4.3 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.
The Employment Business reserves the right at any time to deduct from the Temporary Worker’s pay any overpayment made and/or monies owed to the Employment Business by her including but not limited to any excess holiday pay.
5. TIME SHEETS
5.1 At the end of each month of an Assignment (or at the end of the Assignment where it is for a period of less than one month or is completed before the end of a month) the Temporary Worker shall deliver to the Employment Business her time sheet duly completed to indicate the number of hours worked by her during the preceding month (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. The Employment Business undertakes to pay the Temporary Worker in respect of work done whether or not the Employment Business has already been paid by the Client.
5.2 For the avoidance of doubt and for the purposes of the Working Time Regulations, the Temporary Worker's working time shall only consist of those periods during which she is carrying out her 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's working time for these purposes.
5.3 The 48 Hour Limit on average working time in each 7 days under the Working Time Regulations 1998, shall not apply in respect of the Temporary Worker's Assignments unless the Temporary Worker gives the Employment Business not less than 4 weeks notice to the contrary.
6. OBLIGATIONS OF TEMPORARY WORKERS
6.1 The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if she does so, before, during or after every Assignment and whilst this contract is in force she will:
(a) co-operate with the Client's staff and accept the direction, supervision and control of any responsible person in the Client's organisation;
(b) 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;
(c) unless arrangements have been made to the contrary, conform to the normal hours of work in force at the Client's establishment;
(d) take all reasonable steps to safeguard her own safety and the safety of any other person who may be present or affected by her actions on the Assignment and comply with the health and safety policies of the Client;
(e) not engage in any conduct detrimental to the interests of the Client or Stretch Yoga Limited; not at any time divulge to any person, nor use for her own or any other person's benefit, any confidential information relating to the Employment Business' employees, business affairs, clients, transactions or finances;
(f) We encourage temporary workers to maintain a current & valid Public Liability/Professional Indemnity Insurance policy and to provide a copy of the Certificate(s) to the Employment Business at the start of each policy period;
(g) Undertake to provide a copy to the Employment Business of her Enhanced Disclosure and Barring Check (DBS).
(h) Undertake not to approach or open negotiations with any Stretch Yoga clients or prospective clients with the intention of obtaining direct employment for herself or her business or on behalf of any third parties, without the express permission in writing of a Director of Stretch Yoga Limited during the validity of this agreement. Attention is drawn to clause 8.3 below.
6.2 If the Temporary Worker knows in advance that she is unable for any reason to attend an Assignment she should inform the Employment Business as soon as possible and no later than five working days before the assignment. If the Temporary Worker is unable to attend an Assignment due to last minute illness or unavoidable emergency she should inform the Client and the Employment Business as soon as possible and no later than 8.15am on the day of absence to enable alternative arrangements to be made.
6.3 If before the start or during the course of any Assignment or within 6 months after the end of any Assignment a Stretch Yoga client or prospective client wishes to employ the Temporary Worker directly, the Temporary Worker acknowledges that the Employment Business will be entitled either to charge the Client an introduction fee, or to agree an extension of the hiring period with the Client, at the end of which the Temporary Worker may be employed directly by the Client without further charge to the Client.
7. SAFEGUARDING CHECKS – TUTORS WORKING AS INDIVIDUALS
As an Employment Business we are contracted by our clients to carry out certain safeguarding checks on their behalf. You must agree to provide the following information to Stretch Activities or its clients:
7.1 A valid Enhanced Disclosure and Barring check (DBS) or access to a valid transferable DBS.
7.2 A minimum of two referees who have completed our Reference forms
7.3 Answer the questions in our Application form headed ‘LIVING AND WORKING ABROAD’ and if appropriate, provide Stretch Activities with evidence of your own overseas criminal checks from every country in which you have resided for 3 or more months since the age of 18 and/or within the last 10 years.
7.4 Co-operate fully with any prospective clients and if requested agree to sign a Disqualification by Association Declaration, a Barred List check and a Declaration of Criminal Convictions document.
8.1 The Employment Business or the Client may, without prior notice or liability, instruct the Temporary Worker to end an Assignment at any time.
8.2 The Temporary Worker may terminate working for the Employment Business at any time by informing a Director of Stretch Yoga Ltd.
9.1 These Terms are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
Registered Office (Not for correspondence)
St Johns Chamber's