Temporary Workers Terms of Engagement
This Temporary Workers Terms of Engagement is a contract for services between a temporary agency worker and an employment business in connection with the provision of the agency worker's services to a client. This Agreement complies with both the Agency Workers Regulations 2010 (AWR) and the Conduct Regulations 2003.
Under this Temporary Workers Terms of Engagement, the temporary workers are introduced and supplied by the employment business to provide services to the client of the employment business. The details of each particular assignment are set out in a booking placement form contained in the schedule.
Please note: This Agreement is limited to only those temporary workers that are individuals i.e. not engaged through a personal service company or under an umbrella company arrangement and, not employed by either the employment business or the client. If the temporary workers supplied by the employment business to provide services to the client are self-employed or employed by either the employment business or the client different considerations must apply.
In accordance with the Conduct Regulations 2003 employment businesses must take steps to ensure agency workers assigned to hirers are the best match for the available work. Furthermore, before an employment business provides any services to an agency worker it must agree with the terms that will apply between itself and the agency worker, including the type of work that will be sought on the worker's behalf. Employment businesses are also required to include a statement in the terms that they will be operating as an employment business in relation to the agency worker.
Under the AWR 2010 agency workers supplied by a "temporary work agency" to work temporarily for and under the supervision and direction of a hirer are entitled to equal treatment when they have undertaken the same role, whether on one or more assignments, with the same client for 12 continuous calendar weeks. Thus, by virtue of the AWR 2010, after the temporary worker has completed a qualifying period of 12 continuous calendar weeks the temporary worker is entitled to the same basic working and employment conditions to which he would have been entitled had he has been directly recruited by the client. This covers terms relating to pay, working time and holiday entitlement. It is possible to derogate from the requirement to provide equal pay for agency workers (but not other aspects of basic working and employment conditions) where the agency worker enters into a permanent employment contract with the employment business containing certain minimum requirements and is paid a minimum amount between assignments, this is called the "Swedish derogation model".
Please note: this Temporary Workers Terms of Engagement is a contract for services, it is drafted on the basis that there is no permanent employment contract between the employment business and the agency worker, thus the Swedish derogation model does not apply. Therefore, the employment business will be responsible for any breach of the agency worker's entitlement to basic working and employment conditions. To avoid the equal treatment principle as regards pay the employment business should enter into a permanent employment contract with the agency worker.
For Terms and Conditions for the Supply of Temporary Staff by an Employment Business, see: Terms and Conditions for the Supply of Temporary Staff by an Employment Business
This Agreement provides that the temporary worker will be paid at the rate of pay set out in the booking placement form until they complete the qualifying period after which time they will be paid a higher rate, if applicable. Payment will be less any statutory deductions that the employment business is required to make.
Please note: Under the Conduct Regulations 2003 it is unlawful for an employment business to make payment of remuneration to a worker conditional on receiving payment from the client for that worker, or on receiving a signed time sheet.
Furthermore, agency workers are entitled to protection under the Working Time Regulations 1998 (WTR). The employment business (rather than the client) is responsible for complying with the WTR 1998. Agency workers are entitled to 5.6 weeks paid annual leave, entitlement accrues on a pro-rata basis by reference to the number of hours that the temporary worker has worked in the assignment during a particular holiday year. Holiday entitlement does not accrue between assignments when the temporary worker is not actually working.
This Temporary Workers Terms of Engagement contains the following clauses:
- Definitions and Interpretation
- Temporary to Permanent
- Temporary Worker's Obligations
- Time Sheets
- Annual Leave
- Intellectual Property Rights
- Data Protection
- Warranties and Indemnities
- No Partnership or Agency
- Entire Agreement
- Third Party Rights
- Governing Law and Jurisdiction
SCHEDULE 1 - Booking Placement Form
This Temporary Workers Terms of Engagement Template is in Microsoft Word format, written in plain English, easy to use and edit.