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PLEASE READ OUR TERMS AND CONDITIONS BEFORE REGISTERING WITH US
TERMS AND CONDITIONS- VALID FOR EMPLOYERS ONLY
These terms shall govern all contracts between the Company and the Client.
No variation to these terms such as reduced fees of introduction or release shall be binding unless in writing and signed by an authorised official of the Company.
The engagement of staff or the interviewing of staff intended to be engaged on a temporary or permanent basis shall be deemed as acceptance of the Company’s Terms of business.
The Company may request details of the Client’s Bank or other information so that a credit check can be undertaken. The Company reserves the right to withdraw its services at any time without prejudice t the payment for those services up to that time.
The Company: Sara Recruitment Limited
The Client: the company, firm, individual or corporation to whom the Company may provide staff intended for temporary or permanent work.
TERMS OF BUSINESS FOR THE PROVISION OF TEMPORARY STAFF INTRODUCED BY THE COMPANY ACTING AS AN EMPLOYMENT BUSINESS
These terms constitute a contract between the company and the client for the supply of the Temporary worker’s services.
The Company will endeavour to assign workers in accordance with instructions given by the client. No warranty can be given as to the worker’s likeability or availability for the intended duration of the contract.
When making an introduction of a Temporary worker to the client the employment business shall inform the client of the identity of the temporary worker; that the Temporary Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment; whether the Temporary Worker will be employed by the Employment Business under a contract of service or apprenticeship or a contract for services; and that he Temporary Worker is willing to work in the Assignment.
The Company is responsible for the payment of wages, including all statutory deductions or contributions.
The Client agrees to pay the Company’s hourly charges plus VAT where applicable and any reasonable travel expenses as agreed with the Client.
The Client undertakes to supervise the worker to ensure the Client’s satisfaction with reasonable standards of workmanship. If the worker is considered unsuitable the Client must release the worker immediately.
If the worker is unsatisfactory the Client must notify the Company by telephone within 4 hours of the worker first reporting for work.
This notification should be put in writing to be received by the Company the following working day.
Providing these procedures are followed, the Company, may at its discretion, waive the charges. Otherwise all time worked will be charged at the agreed rate.
The Client acknowledges that the workers are not employees of the Company but are engaged under a contract fro services with the Company. The Client accepts responsibility for ensuring the worker complies with all legal and statutory requirements and regulations specific to their industry, particularly including all health and safety laws and regulations. The Client accepts that workers provided by the Company shall be subject to the exclusive direction and control of the Client and shall for the duration of the assignment be responsible as the employer of the worker, for all acts, errors, omissions whether wilful, negligent or otherwise.
The Client’s Employer’s Liability, Public Liability and other necessary covers shall be kept in force and shall provide copies of the policies if requested. The Client fully indemnifies the Company against all liabilities, costs, expenses (including legal costs on an indemnity basis) arising from or in connection with the assigned worker, including any breach of statutory requirement or regulation.
Invoices are raised weekly and payment is due within 7 days or on agreed terms. Failure to pay on these terms shall entitle the Company to terminate without prior notice every agreement between the Company and the Client. Such termination shall be without prejudice to the rights and remedies of the Company arising prior to termination.
The Company will not be responsible under any circumstances for any loss, damage or expense incurred by the Client, its staff or property arising from or in connection with the assignment or caused by the worker.
The Client agrees to notify the Company of all circumstances concerning the assigned worker such as unsatisfactory work, failure to report for work, curtailment of extension of the agreed period of the assignment, employment of the worker as a direct employee of the Client, etc.
In the event of the Engagement by the Client of a Temporary Worker supplied by the Employment Business either directly or pursuant to being supplied by another employment business or where there has been an introduction to a third party, during the Assignment or within whichever is the longer of either
• 14 weeks from the start of the first Assignment(each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous assignment shall also be considered to be the “first assignment” for these purposes).
• 8 weeks from the day after the last day the temporary Worker worked on the Assignment.
The Client shall be liable, subject to electing by giving 5 days prior notice, to either
• An extended period of hire of the Worker being agreed with the Client during which the Client shall pay the current hourly charge agreed each hour the Worker is so employed or supplied.
Or a
• Transfer Fee calculated as 10% of the Remuneration applicable during the first 12 months of the Engagement. No refund of the Transfer fee will be paid in the event that the Engagement subsequently terminates. VAT is paid in addition to any fee due. However, where the client does not give such notice before the temporary Worker is engaged the parties agree that the Transfer Fee shall be due.
In the event that the Engagement of the Worker is for a fixed term of less than 12 months the Fee calculated as a percentage of the remuneration, will apply pro-rata. If the Engagement is extended beyond the initial fixed or if the Client re-engages the Worker within 3 months of the termination of the first Engagement the client shall be liable to pay
a further fee based on the additional remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner. No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.
FEES:
For the provision of temporary staff the following fees will apply:
• A standard fee of £33 which represents a processing fee and applies to all Clients for EACH worker supplied
• The following commission based on the workers’ hourly rates:
- for wages between £5.35-£7.00 _________£0.85 per hour
- for wages between £7.01-£15.00_________£1.10 per hour
- for wages between £15.01-£24.00________£1.40 per hour
- for wages over £25____________________£1.80 per hour.
These fees apply to both subcontracting and contracting staff.
TERMS OF BUSINESS FOR THE PROVISION OF PERMANENT STAFF INTRODUCED BY THE COMPANY ACTING AS AN EMPLYMENT AGENCY
The Client will provide a full job description and full instructions as to its requirements for each candidate. The Company will endeavour to introduce suitable candidates based on this information. Whilst care is taken, the Company does not in any way warrant the suitability of fitness of any candidates for employment by the Client, nor the accuracy of any information supplied by the candidate. It is the Clint’s responsibility to ensure the take-up of references, arrangement of medical examinations, obtaining work permits and to ensure that the candidate is suitable for the position under consideration. However, the Company is also specialising in Immigration advice and legislation concerning the EU accession countries and can act for the Client if the Client wishes so. This is part of our additional services.
The Agency endeavours to ensure the suitability of any applicant introduced to the Client by obtaining confirmation of the Applicant’s Identity, that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the client seeks to fill.
If the Client engages, in any capacity, a candidate introduced by the Company, the Client shall be liable to pay an introduction or presentation fee (incl. VAT) to the Company at the time of appointment. The Company will invoice the Client for the fee on the day the candidate commences employment and payment is due within 7 days of the invoice date.
These fees are calculated as a percentage of the total remuneration package, which may include basic salary, guaranteed commission, overtime payments. Unless otherwise specified in writing by the Company the fees are calculated as follows:
Remuneration up to £12,000 p.a._____________6%
Remuneration between £12000- £15000 p.a.______ 7%
Remuneration between £15000- £25000 p.a.______ 8%
Remuneration over £25000 p.a._________________10%
When the remuneration is intended to be by commission only or mostly commission, the charge is based on the salary of £15000 p.a.
The Client undertakes to notify the Company immediately of its intentions to engage whether directly or indirectly any candidate introduced or presented by the Company.
If the Client fails to notify the Company, the Company shall be entitled to charge the Client in addition to the above fees an additional fee calculated at the rate of 3% of the introduction fee referred to above. In such a case, should the candidate leave, the Client will not be entitled to a rebate.
The above charges apply to both contracts of employment and contract of services and it is up to the Client to engage the worker in either.
The company has the right to charge interest on overdue accounts from the due date to the payment date at the rate of 4% above the Company’s bank’s base rate, or if applicable, such
rate as is prescribed from time to time by the Late payment of Commercial Debts (interest) Act 1998.
This interest will accrue on a daily basis.
If, the candidate should leave the Client’s employment within the first 8 weeks of commencement of employment, the Company may, after taking into consideration the reason
for the candidate leaving, allow a rebate for the introduction fee.
The Client must inform the Company, in writing, within 7 days of the employment terminating and the fee must have been already paid in full. Otherwise no rebate will be given. The rebate is calculated on a sliding scale:
• Within 2 weeks 90% rebate
• Within 6 weeks 50% rebate
• Up to 8 weeks 10% rebate
Replacement of permanent staff:
If, by no fault of the Client the Worker decides to leave or the Client finds the Worker highly unsuitable and wishes to replace the worker with another candidate from us instead of receiving a rebate, we will present a new candidate and replace the old one free of charge within the first 3 months of commencement of employment. This is done at our discretion, if we find that communication between the parties was impossible and there was a clear fault on the worker’s side.
Introductions made by the Company are confidential and must not be disclosed by the Client to third parties. The engagement of any candidate by, or arranged by, a third party to whom the Client has disclosed such information supplied by the Company, will render the Client liable to the payment of the introduction fee which would have been due had the candidate been employed by the Client on the same terms.
The Company shall not be responsible in any way for loss (including loss of profit, business, contracts, revenue or anticipated savings, loss or waste of management time or any indirect or consequential loss), damage or expense incurred by the Client, its staff or property arising from or in connection with the use of the Company’s services or caused by the acts, errors or omissions of any candidate even if such an act, error or omission is negligent, fraudulent or dishonest. Nothing in these terms shall have the effect of excluding or restricting liability for death or personal injury resulting from the negligence of the Company.
The Company expects the Client to be fully aware of all current laws relating to discrimination, victimisation or harassment due to race, colour, nationality, sex, marriage, disability, health and safety or working time and that it has given the appropriate training to all members of its own staff that may be involved in selection, supervision and control of candidates supplied.
The Client shall indemnify the Company against any claims, demands, liabilities, damages, costs and expenses incurred in action taken against the Company in respect of any member of the staff employed by the Client.
If any provision of these Terms is held by any competent authority to be invalid of unforceable in the whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected.
No waiver by the Company or any breach of these Terms by the Client will be considered as a waiver of any subsequent breach of the same or any other provision.
Any notice required or permitted to be given by either party to the other under these Terms will be in writing addressed to that other party at its registered office or principal place of business.
These terms will in all respects be governed and construed in accordance with English Law and the Client agrees that any dispute will be settled in English Courts.
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