Terms and Conditions for Temporary Workers

DEFINITIONS:
1.  In this agreement the following definitions apply:
Assignment refers to the period during which the Temporary Worker renders services:
Client refers to the person requiring the service of Smile Locum Agency Ltd to provide services of personnel or to introduce personnel.
Temporary Worker refers to an individual working under a contract for services. 
Working Week refers to an average 48 hours each week calculated over a 17 week reference period.

ASSIGNMENT
Smile Locum Agency Ltd will endeavour to obtain suitable Assignments for the Temporary Worker

2.1    The Temporary Worker shall not be obliged to accept an Assignment offered by the Employment Business.
2.2    The Temporary Worker acknowledges that the nature of temporary work means the 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 the above category or in any other category; and that no contract shall exist between the Temporary Worker and the Employment Business during periods when the Temporary Worker is not working on an Assignment.
2.3    At the same time as an Assignment is offered to the Temporary Worker the Employment Business shall inform the Temporary Worker of the identity of the Client, the date of the work is to commence and the duration or likely duration of work; the type of work, location and hours during which the Temporary Worker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Temporary Worker; and any risks to health & safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks. In addition the Employment Business shall inform the Temporary Worker what experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are required by law to work in the Assignment.
2.4    Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Temporary Worker is being offered an Assignment in the same position as one in which the Temporary Worker had previously been supplied within the previous five business days and such information has already been given to the Temporary Worker.
2.5    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.
2.6    If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Client wishes to employ the Temporary Worker direct or through another employment business, the Temporary Worker acknowledges that the Employment Business will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Temporary Worker may be engaged directly by the Client or through another employment business without further charge to the Client. In addition the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Temporary Worker to a third party who subsequently engages the temporary Worker within the Relevant Period.
2.7    The service provided by the Temporary Work shall be subject to inspection and acceptance by the Employment Business or the Client.

THE CONTRACT
3.1    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. However, no contract shall exist between the Employment Business and the Temporary Worker between Assignments.
3.2   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 is required to make statutory deductions from his remuneration in accordance with the schedule attached.
3.3   No variation or alteration of these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the temporary Worker and set out in writing and a copy of the varied terms is given to the Temporary Worker stating the date on or after which varied terms shall apply.
3.4   The Temporary Worker acknowledges that specific legislation governing the tax treatment of workers assigned by employment agencies requires his/her earnings to be subject to direct deduction of income tax and national insurance contributions under PAYE regulations as if he/she were an employee.
3.5   The Temporary Worker will be notified on commencement of each Assignment which of the arrangements in clause 2 is applicable and of the terms and conditions governing the arrangement.

UNDERTAKINGS
4.1    Where Smile Locum Agency Ltd has introduced the Temporary Worker to the Client or any third party the Temporary Worker undertakes not to, whether directly or indirectly:
a) accept the offer of a temporary or permanent placement within the Client or any third party; or
b) to engage himself/herself or any other person, firm or company with the Client or any third party without Smile Locum Agency Ltd knowledge and not until Smile Locum Agency Ltd have agreed terms with the third party.
4.2    The Temporary Worker undertakes to perform all Assignments to the best of their ability, confirms that all career information and details of professional and academic qualification supplied to Smile Locum Agency Ltd is correct and undertakes to inform Smile Locum Agency Ltd of any additional information that will affect any Assignment.
4.3    The rate of pay payable to the Temporary Worker will not be less than the minimum rate of pay in force at the relevant time.
4.4    The Temporary Worker confirms that he/she has no criminal convictions and that he/she will advise Smile Locum Agency Ltd immediately of any subsequent convictions arising during the Assignment (convictions do not include spent convictions within the meaning of the Rehabilitation Act 1974).
4.5    If required by the Company the Temporary Worker hereby confirms that they will incur the cost of the relevant CRB and ISA process documents.

WORKING TIME REGULATIONS 1998
5.1 The Working Time Regulations 1998 provide that the Temporary Worker shall not work on an assignment with the Client in excess of the working week unless he/she agrees in writing that this limit should not apply.
5.2    The Temporary Worker hereby agrees that the working week limit of 48 hours per week as per the Working Time Regulations 1998 shall not apply to the Assignment.
5.3    The Temporary Worker may end this agreement by giving Smile Locum Agency Ltd one weeks notice in writing.
5.4    For the avoidance of doubt, any notice bringing this agreement to an end shall not be construed as termination by the Temporary Worker of an assignment with a Client.
5.5    Upon expiry of the notice period set out in clause 5.3 the working week limit shall apply with immediate effect.
5.6    If the Temporary Worker has withdrawn consent to work in excess of the working week then the Temporary Worker must inform the Client when they commence an Assignment.

STANDARDS OF CONDUCT 
The Temporary Worker is expected to adhere to and maintain the highest professional standards and are guided to comply with the codes of conduct if any professional organisation to which you belong as well as to comply with the policies and procedures outlined in the Employment Business Handbook.

CRIMINAL RECORDS BUREAU DISCLOSURE
The Temporary Worker may be required to hold a CRB disclosure before commencement of first assignment. The Company reserve the right to specify this as a condition of placement.

GOVERNING LAW
The Agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English Courts.

SCHEDULE 1
 
BETWEEN:
Smile Locum Agency Ltd hereinafter called the “Employment Business” and (see overleaf) the “Temporary Worker”.

THE CONTRACT
2.1 The Assignment terminates on Friday of each week.
2.2 These terms constitute a contract for services between the Employment Business and the Temporary Worker and govern the assignment.
2.3 For the avoidance of doubt, these terms do not give rise to a contract of employment between the Employment Business and the Temporary Worker.
2.4 This assignment is not continuous with any previous period of work with any other clients of the Employment Business.
2.5 No variation or alterations of these terms shall be valid unless approved in writing by a director of the Employment Business.

ASSIGNMENTS
3.1 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 solely determined 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.
3.2 In Accordance with the Working Time Regulations 1998, the Temporary Worker’s average weekly hours will be calculated as an average number of hours worked by the Temporary Worker over the preceding 17 weeks, or if the Temporary Worker has been engaged by the Employment Business for less than 17 weeks, the period that has elapsed since he/she started work under the terms of the assignment.
3.3 The Temporary Worker will also agree a rate of pay with the Employment Business on accepting an offered assignment.
3.4 IF the temporary worker is unable for any reason to attend work during the course of an assignment he/she should inform the Employment business two hours prior to the commencement of assignment

RATES OF PAY
4.1 The Employment Business shall pay the Temporary Worker monthly in arrears directly into the Temporary Worker’s nominated bank account, the rate specified for each hour worked which will be agreed between the Employment Business and the Temporary Worker at the outset of an assignment, and shall deduct there from and account for all applicable taxes (including without limitation, any National Insurance contributions) required by law. The actual rate of pay will be paid for each hour worked (to the nearest quarter hour).
4.2 Subject to any statutory entitlement under the relevant legislation the Temporary Worker is not entitled to receive payment from the Employment Business or Client for time not spent on assignment whether in respect of illness or absence for any other reason unless otherwise agreed.
4.3 Timesheet received on the Friday (or weekend following) a week worked, by post or fax oh Head Office being duly signed by the Client, will result in payments being made/received into the Temporary Worker’s bank account the following month.

STATUTORY LEAVE
5.1 The Employment Business holiday year 1st January to December 31st each year. For the purpose of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 accrual commences on the date the Temporary Worker starts an assignment.
5.2 The Temporary Worker’s full holiday entitlement is 5.6 weeks per annum which includes 8 bank holidays. Should the Temporary Worker be required to work on a statutory public holiday, in such circumstances the Temporary Worker will be entitled to a day off in lieu at a time agreed with the Client and Employment Business
5.3 The Temporary Worker is entitled to receive one week’s notice from the employment Business to terminate the contract.
5.4 The Temporary Worker is paid for holiday accrued and taken during an assignment.  Any outstanding accrued holiday will be paid on assignment completion.
5.5 Annual leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on an assignment during the leave year. The Temporary Worker may not take more paid holiday leave than is accrued to him/her at the time of such holiday.  The accrual rate is 2.5 days per calendar month for a full time employee and pro-rated down for part time weeks.
5.6 Where the Temporary Worker wishes to take any leave to which he/she is entitled, he/she should notify the Employment Business in writing of the dates of his/her intended absence only where accrual has been evident.
The Temporary Worker is required to give the Employment Business at least two weeks notice of his/her intention to take leave. Unless the Employment Business informs the Temporary Worker in writing that it is not possible for him/her to take leave on the specified dates, the Temporary Worker shall be entitled to take up his/her notified leave entitlement.
5.7 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Workers’ status as a self-employed worker.

OBLIGATIONS
6.  The Temporary Worker is not obliged to accept the Assignment specified but on acceptance (by attendance as required) he/she will supply his/her services to the Employment Business in order to enable it to supply services to the Client. The Temporary Worker undertakes as appropriate:
i) to cooperate with the Client’s staff and accept the direct supervision and instruction of any responsible person in the Client’s organisation
ii) to observe any rules and regulations of the Client’s establishment to which attention has been drawn or which the Temporary Worker might reasonably be expected to be aware of.
iii) to conform to the normal hours of work currently in force at the Client’s establishment unless arrangements have been made to the contrary
iv) to comply with the health and safety policy of the Client and to take all reasonable steps to safeguard his/her own safety and the safety of any person who may be affected by his/her actions
v) not to engage in conduct detrimental to the interest of the Client

TERMINATION
7.1    The Temporary Worker fails to complete this Assignment or fails to attend work for any reason the Assignment shall thereupon terminate and all outstanding numeration shall become payable.
7.2    The Temporary Worker will be able to terminate the contract at any time providing written notice is received by the Employment Business giving one week’s notice.
7.3    The Temporary Worker is entitled to receive one week’s notice from the Employment Business to terminate the contract.

TIME SHEETS
8.1    At the end of each week the Temporary Worker shall deliver to the Employment Business a time sheet signed by the Temporary Worker and an authorised representative of the Client confirming the number of hours worked by the Temporary Worker pursuant to the Assignment.  The Employment Business in the absence of a timesheet being received/signed by the Client, may result in delayed payments to the Temporary Worker while the facts are investigated. 
8.2    For the avoidance of doubt and for the purposes of the Working Time Regulations 1998, the Temporary Worker’s working time shall only consist of those periods during which he/she is carrying out his/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 Worker’s working time for these purposes.

CANCELLATION
9.1 The Employment Business may without notice and without liability (except for remuneration for hours worked on the assignment) instruct the Temporary Worker to end an assignment at any time.
9.2 If the Temporary Worker is unable for any reason to work on an assignment he/she shall inform the Client and the Employment Business no later than 10am on the first day of absence to enable alternative arrangements to be made.
9.3 The Employment Business reserve the right to terminate the contract, with notice in accordance with clause 7.3, in the event that for whatever reason, the Temporary Worker is unable to fulfil their obligations under the Agreement, for example due to illness or incapacity. In exercising this right, the Employment Business will use its discretion and will consider the needs of the Client to ensure that the Client’s best interests are preserved.

CONFIDENTIALITY
10.1 The Temporary Worker will not at any time divulge to any person, nor use for his/her own or any other person’s benefit, any information in relationto the Client’s or the Employment Business’s employers, business affairs, transactions or finances.
10.2 Upon termination of, or at any time during the assignmentfor whatever reason, the Temporary Workershall deliver to the Client or the Employment Business all books, documents, papers, materials and other property (including copies thereof) belonging to or relating to the business of the Client or the Employment Business which may then be in his/her possession or under his/her control.

GOVERNING LAW
11. This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts