MWA Template – October 2016 MOBILE WORKER AGREEMENT This is the contract of employment (the “Agreement”) between Brand Name: …...
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MOBILE WORKER AGREEMENT This is the contract of employment (the “Agreement”) between Brand Name: ……......……………………….……………..................................... and: ……......……………………….……………..................................... (the “Mobile Worker”)
1. DEFINITIONS 1.1 “Agricultural Order” means any of the Agricultural Wages Orders in Northern Ireland, Scotland or Wales, which shall apply where you undertake an Assignment at a Client whose business operates under an Agricultural Order. “Assignment” means the period during which the Mobile Worker, herein referred to as "you and / or your", is supplied to render services to a Client. Assignments may be on a day-to-day basis dependent on Client requirements. Each Assignment period will end when you cease to be supplied by the Company to a client or be available for work except where this relates to normal shift breaks or approved absences/leave (whether paid or unpaid). “AWR” means the Agency Workers Regulations 2010 or Agency Workers Regulations (Northern Ireland) 2011 as amended from time to time. “Client” means the person, firm or corporate body requiring your services together with any subsidiary or associated company as defined by the Companies Act 1985 for a particular Assignment. “Company” means PMP Recruitment Limited, which is trading under the brand name listed at the top of this agreement, whose company number is 03485614 and whose registered address is Chevron House, 346 Long Lane, Hillingdon, Middlesex, UB10 9PF, operating as an Employment Business as defined by the Employment Agencies Act 1973 or the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (as amended). “Group Company” means any subsidiary or holding company of the Company and the subsidiaries of any such holding company (as such terms are defined in section 1159 of the Companies Act 2006);; “minimum rate” means the minimum rate of remuneration that the Company reasonably expects to achieve for all hours worked, which shall be the prevailing national living wage or minimum wage as applicable to your age and / or the nature of the role being undertaken by you from time to time, or as applicable under the relevant Agricultural Order. “Qualifying Period” means the period as defined in Regulation 7 of the AWR which entitles you to receive the same basic working and employment conditions as defined in Regulation 5 of the AWR. 2. THE CONTRACT 2.1 This Agreement constitutes a Contract of Employment between you and the Company and governs your employment. By mutual consent this Agreement replaces any previous contract or agreement between you and the Company. 2.2. Your employment will commence on the day you commence your first Assignment with the Company, such date to be confirmed on the first payslip, which shall be the date used for the purposes of calculating your continuous employment with the Company ("the Employment Commencement Date"), unless expressly stated otherwise. The first six months of your employment shall be a probationary period. 2.3. Unless expressly stated, no variation or alteration to these terms shall be valid unless the details of such variation are agreed by both parties and set out in writing, a copy of which shall be given to you stating the date on or after which such varied terms shall apply. 2.4. You accept there is no and will be no contract of employment express or implied between you and any Client to whom you may be assigned, and expressly agree that you will not hold yourself out as being employed by a Client of the Company. 2.5. This Agreement, together with any other Schedules or Agreements specified within this Agreement, constitute the entire and exclusive statement of the terms and conditions agreed between you and the Company with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to this Agreement that are not fully expressed in the Agreement. 3. JOB TITLE, DUTIES AND ASSIGNMENTS 3.1 You are employed as a Mobile Worker to undertake suitable Assignments at Client sites in the following job role(s) or such other suitable job role(s) as agreed with you:
........................................................................................................................................ 3.2 The Company will endeavour to obtain and provide suitable Assignments to you but in any event promises to make available to you a minimum of 336 hours of work (the “minimum hours”) in any year. For the avoidance of doubt all hours made available to you by the Company shall count towards the discharge of the minimum hours, whether or not those hours are in fact worked by you and (in the event the hours made available are not worked by you, whether or not the failure to work such hours is due to any default on your part. There is no obligation on the Company to provide the minimum hours in any particular months or weeks, spread them evenly over the year, or to provide them at any particular location or intervals. It is acknowledged that there may be periods in which no work is allocated to you. 3.3 For the purposes of this clause 3, a year means a 52-week period beginning on the Employment Commencement Date and on each anniversary of this date thereafter.
MWA Template – October 2016
3.4 Subject to 3.6 and 3.7 below, if the employment is terminated during the year, the minimum hours shall be pro- rated to reflect such proportion of the year as has expired (such calculation to be made by reference to the number of full weeks which have expired in the year). For example, if 26 weeks of the year have expired, the pro- rated minimum hours for that year would be 168 hours;; if 39 weeks have expired, the pro-rated minimum hours would be 252 hours. 3.5 If you do not complete your probationary period and your employment is terminated during this period, the hours already made available to you shall be deemed sufficient to meet the Company’s obligation to make the minimum hours available, whether or not the hours made available in the year are less than the minimum hours as pro- rated pursuant to the provisions above. 3.6 Any payment in respect of a failure to meet the minimum hours will be paid at the prevailing national minimum rate. 3.7 You are obliged to accept any Assignment offered to you, unless otherwise agreed with the Company. The Company shall be at liberty to terminate without notice the employment if you refuse without good cause to accept an Assignment that has been offered to you. 3.8 You are obliged to keep the Company fully and regularly informed of your availability to undertake Assignments and must in any event contact the Company at least once a fortnight (whether or not you have first been contacted by the Company) to update the Company as to your availability. Should you fail to comply with this obligation, the Company may terminate your employment without notice. 3.9 The Company may second you to work at any other Group Company, or any Client of a Group Company, providing the work undertaken is consistent with the category stated in 3.1 above, or such other category for which you are deemed suitable to undertake, as expressly agreed between you and the Company. 3.10You acknowledge that the nature of the Company’s and Clients’ business means that there may be periods when no suitable Assignments are available. You agree that your suitability for any available Assignments shall be determined solely by the Company, and subject to clause 3.2, the Company shall incur no liability to you should it fail to offer you Assignments to undertake work in the above category, or in any other category. 3.11Prior to and/or at the same time as an Assignment is offered to you the Company shall inform you of;; the identity of the Client, and if applicable, the nature of their business;; the date the work is to commence and the duration or likely duration of the work;; the type of work, location and the Scheduled Working Hours;; the rate of remuneration that will be paid and any expenses payable by or to you;; and any risks to health and safety known to the Client in relation to the Assignment and the steps the Client and / or the Company has taken to prevent or control such risks. In addition, the Company shall inform you what experience, training, qualifications and any authorisation required by law or a professional body that the Client considers necessary to work in the Assignment. 3.12Prior to commencement of any Assignment, you shall inform the Company if you have worked for the Client (or for any company which is a parent company of, subsidiary company of, or shares an ultimate parent company th with the Client) including via another agency or third party at any time since 1st October 2011 (or 5 December 2011 if you are employed in Northern Ireland) up to the commencement of the newest Assignment and if so, details of when and in what role(s) including details of any breaks between periods of work, and the reasons for such breaks. 3.13 In the event your employment has transferred to the Company pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006, you shall inform the Company if you have any reason to believe you have not received your full entitlement, and therefore may have the right to bring a claim under the AWR in respect of any period of employment with any other employer preceding the transfer of your employment to the Company, including but not limited to any claims that may be brought under Regulations 5 of the AWR. 3.14You agree to indemnify the Company against any losses arising from any claim you may bring against the Company in the event you have deliberately failed to comply with the requirements of Clause 3.12 and 3.13 above and the Company has relied upon the information you have provided. 3.15Should you believe you have not received your equal treatment rights as defined under the AWR, you should discuss this with the Company or otherwise raise this in writing with the Company. 3.16 If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Client wishes to employ you directly or through another employment business, you acknowledge that the Company will be entitled either to charge the Client a fee or to agree with the Client an extension to the hiring period with the Client at the end of which you may be engaged directly by the Client or through another employment business without further charge to the Client. In addition, the Company will be entitled to charge a fee to the Client if the Client introduces you to a third party who subsequently engages you within the Relevant Period. The Relevant Period is the longer period of either 14 weeks from the first day on which you worked for the Client or 8 weeks from the day after you were last supplied by the Company to work for the Client. 3.17 You shall accept the direction and supervision of any authorised employee, supervisor, manager or director of the Company, and shall when instructed or requested by such person(s) report on your work promptly (in writing if requested) and carry out all reasonable instructions provided that the instructions do not conflict with any other provisions in this Agreement. 4. PLACE OF WORK 4.1 You have no permanent place of work, and in accordance with the demands of the business, it is expected that you will be required to work at a series of Client sites on a regular basis in order for the proper performance of your duties under this Agreement. 4.2 Because of the nature of the business environment and the Company’s agreements with Clients, it is not expected that you will work at the same Client site for more than 6 months. All Assignments to a particular Client will be automatically reviewed every 6 months if you remain at the same place of work or at the end of the Assignment with the Client, whichever is the earlier. MWA Template – October 2016
4.3 You agree, having regard to the nature of the Company’s business, the Company may at any time change your place of work to suit the needs of the business and its Clients. 4.4 Consequently you agree that the Company may at any time give you reasonable notice to carry out your duties at such a place in the United Kingdom as the Company shall specify.
5. REMUNERATION & PENSION 5.1 . The minimum rate to be paid to you will change in line with any Government legislation regarding minimum wages, as amended from time to time. The actual rate of pay will be notified to you on a per Assignment basis for each hour worked during an Assignment, including any increase in the rate of pay that you may become entitled to under the AWR by virtue of having completed the Qualifying Period for an Assignment, such pay to be paid weekly in arrears, subject to deductions in respect of PAYE and Class 1 NIC and any other deductions that the Company may be required by law to make, such remuneration to be paid weekly in arrears each Friday in respect of the week ending on the previous Friday, subject to clause 8.2. The Company will provide you with an itemised payslip for each pay period worked in electronic, paper or such other format as determined by the Company in its sole discretion. The Company will also notify you of any other emoluments to which you may become entitled to under the AWR by virtue of having completed the Qualifying Period on an Assignment. 5.2 Subject to any statutory entitlement under the relevant legislation and clause 3.2, you are not entitled to receive payment from the Company for time not worked on Assignment, whether in respect of holidays, illness, rest periods, formal and informal rest breaks, or absence for any other reason unless otherwise agreed. 5.3 The Company is entitled to make deductions from your weekly pay, outstanding holiday entitlement and / or payments due in respect of minimum hours for non-returned company property and for other reasonable costs that may be incurred by the Company or for any money that you may owe to the Company. 5.4 You will repay the Company the full amount of any overpayments made to you by the Company which are in excess of any payment/s due to you. These may include, but are not limited to, annual leave overpayment or incorrect advances of pay. Overpayment or excess sums will either be deducted from your weekly pay at an agreed rate or repaid as otherwise agreed between you and the Company. 5.5. Pursuant to The Pensions Act 2008, the Company will notify you of your rights and entitlements under the auto-enrolment workplace pension rules, such notification to be issued to you within one month of your Employment Commencement Date. 6. STATUTORY LEAVE 6.1 Pursuant to the Working Time Regulations 1998 (“WTR”), you are entitled to up to 5.6 weeks paid leave per leave year, such entitlement to accrue in proportion to the qualifying hours worked by you on any Assignments during the leave year. Pursuant to the AWR and subject to you completing the Qualifying Period on an Assignment, you may become entitled to additional paid leave, such entitlement, if applicable, will be notified to you. 6.2 The leave year shall commence on your Employment Commencement Date and on each anniversary thereafter. All entitlement to leave must be taken during the course of the leave year in which it accrues and, unless otherwise notified to you, none may be carried forward to the next leave year. You are not entitled nor allowed to receive payment in lieu of holiday entitlement that is not taken as paid leave, except when your employment with the Company terminates. 6.3 You are entitled to paid holiday at your average qualifying remuneration calculated over the previous 12 weeks in which you worked prior to the week in which the leave is taken. “Qualifying remuneration” has the meaning given to it under applicable law, as amended from time to time. 6.4 Unless otherwise notified, during the first year of employment you are not entitled to book or take paid holiday in excess of that accrued at the date on which the leave period is to start. . 6.5 The Company shall pay holiday pay to which you are entitled subject to you having requested and the Company having approved such entitlement. 6.6 Where you wish to take paid leave during the course of an Assignment you should notify the Company of the dates of your intended absence giving notice of at least one week. Approval of holiday is solely at Company discretion. 6.7 Unless otherwise notified to you, bank or other public holidays are unpaid unless taken as part of the annual paid leave. Where a bank holiday or other public holiday falls during an Assignment and you do not work on that day, the public holiday shall be unpaid unless you, in accordance with clause 6.5, requests this as part of the paid annual leave entitlement.
7. SICKNESS/ABSENCE 7.1 You have no entitlement to contractual payments due to sickness or injury, however you may be eligible for Statutory Sick Pay or Agricultural Wages Sick Pay where you undertake an Assignment at a Client whose business operates under the Order, provided that you meet the relevant statutory criteria. 7.2 For the purposes of the Statutory Sick Pay and Agricultural Wages Sick Pay scheme the qualifying days are those on which you normally work during the relevant Assignment. If you work on an intermittent basis with no regular pattern of work, there is one qualifying day per week and that qualifying day shall be the Wednesday in every week. 8. TIMESHEETS 8.1 As appropriate, you or the Company will ensure that at the end of each week of an Assignment a time sheet will be completed to indicate the number of hours you have spent on Assignment during the preceding week. All timesheets must be signed by an authorised representative of the Client. 8.2 Where you are required to submit an authorised timesheet, any failure to do so in accordance with clause 8.1 above may result in payment to you for the hours worked in the relevant week being delayed.
MWA Template – October 2016
8.3 The Company shall pay you for all hours worked regardless of whether the Company has received payment from the Client for those hours. 9. CONDUCT OF ASSIGNMENTS 9.1 During every Assignment and afterwards where appropriate, you will: a) Co-operate with the reasonable requests of any responsible person in the Client’s organisation, providing such requests do not conflict with any other provisions in this Agreement;; b) Observe any relevant rules and regulations of the Company and the Client’s establishment (including normal hours of work) to which attention has been drawn or which you might reasonably be expected to ascertain;; c) Take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by your actions on the Assignment and comply with the Health and Safety policies and procedures of the Company and the Client;; d) Not engage in any conduct detrimental to the interests of the Company or the Client;; e) Not at any time divulge to any person, nor use for your own or any other person’s benefit, any confidential information relating to the Client’s or the Company’s employees, business affairs, transactions or finances. f) Notwithstanding this clause 9.1, you must notify the Company immediately should the Client request you to undertake a different role or move you to another site to that you have been Assigned;; change the days and / or hours of work confirmed to you by the Company;; undertake a task which you believe presents a risk to your or others health and safety;; undertake any duties for which you are not qualified or competent to perform;; or should the Client deny your right to exercise a statutory and / or contractual entitlement provided under this Agreement. 9.2 If you are unable for any reason to attend work during the course of an Assignment you should inform the Company at least one hour prior to the commencement of the Assignment or shift. 9.3 If either before or during the course of an Assignment you become aware of any reason why you may not be suitable for an Assignment you have accepted or commenced, you shall notify the Company without delay. 10. TERMINATION 10.1 The Company will endeavour to provide notice to terminate your Assignment, however due to the nature of the Company’s business activities, it is accepted that the Company may be required to terminate an Assignment at any time either with or without prior notice and the Company will incur no liability. For the avoidance of doubt, the termination of an Assignment will not terminate this Agreement unless expressly stated, and your employment will remain continuous during periods you are not working on Assignment. 10.2 You may only terminate an Assignment without notice through the provision of reasonable grounds, the reasonableness of which will be determined solely by the Company. Such terminations will not terminate this Agreement unless expressly stated, however the termination of an Assignment on grounds deemed unreasonable by the Company may result in the termination of this Agreement without notice. 10.3 If you do not inform the Company in accordance with clause 9.2 that you are unable to attend work during the course of an Assignment this will be treated as termination of the Assignment by you. 10.4 You may terminate this Agreement at any time by giving no less than one week’s notice in writing. The Company may terminate this Agreement upon giving you statutory notice in writing. 10.5 If at any time you are deemed to have committed an act of gross misconduct as outlined in the Company’s disciplinary procedure (which will be made available to you upon request), the Company may terminate your employment without notice. 11. ASSIGNMENT OF CONTRACT 11.1The Company may assign the benefit of this Agreement to any other Group Company. 11.2The Company reserves the right to transfer your employment to another Group Company should the needs of the business require it. 12. DATA PROTECTION 12.1By signing this Agreement you consent to the Company, its agents, other Group Companies and the Company’s clients processing personal data about you in order to properly fulfil its obligations under this Agreement, in order to find assignments for you, in the performance of the Company’s business (being an employment business and an employment agency) and as otherwise required by law in relation to your employment in accordance with the Data Protection Act 1998. Such processing will principally be for personnel, administrative and payroll purposes. 13. DISCIPLINARY AND GRIEVANCE PROCEDURES 13.1The Company’s Grievance procedure and Disciplinary rules and procedure will be made available to you on request. These procedures are non-contractual and as such the Company may change them at its discretion from time to time. 13.2 If you wish to raise a grievance, you should address this in writing to your local branch or site manager. 14. EQUAL OPPORTUNITY 14.1 The Company is committed to equal opportunity and will not tolerate discrimination in any shape or form from any employee of the Company or its Client organisations. Should you have any complaint regarding your employment with the Company or the conduct of another member of staff of the Company or a Client company, you are encouraged to make use of the Company’s Grievance procedure in accordance with clause 13 above. 15 CONTACT DETAILS 15.1 It is a condition of your employment that you provide the Company with contact details including mobile telephone number and email address. If these details change, the Company must be notified within two days of the change. MWA Template – October 2016
16 GOVERNING LAW AND JURISDICTION 16.1 This Contract are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
Signed on behalf of PMP Recruitment Limited, trading as the brand name identified at the top of this Agreement:
......................................................................................................................(Signature)
……………………………………….………………………….……………………(Print Name) Dated: ……………………………………….………………………….…………… I agree to work on the terms above and have retained a copy of them:
...................................................................................................................................(Signature)
...................................................................................................................................(Print Name)
Dated ........................................................................................................... MWA – October 2016 v1.1 (Commercial Legal Services – Cordant Group plc)
48 HOUR PER WEEK OPT OUT CLAUSE The Working Time Regulations 1998 (the Regulations) provide that a worker shall not work an average of more than 48 hours in any 17-week period unless she/he agrees in writing that this limit should not apply. For the avoidance of doubt and for the purposes of the Regulations, your working time shall only consist of those periods during which you carry out your activities or duties for a Client as part of an Assignment. Time spent travelling to a Client’s premises;; meal breaks and other rest breaks shall not count as part of the working time for these purposes.
PLEASE SIGN ONE OF THE FOLLOWING: (You may change your mind at any time by giving the Company 7 days’ notice in writing). EITHER: I hereby agree that the 48 hour per week Working Week limit SHALL NOT apply: ……………………………………….………………………….…………………… OR: I confirm I do not wish to work an average of more than 48 hours per week in any 17-week period: ……………………………………….………………………….……………………
DISCLOSURE OF CONFIDENTIAL INFORMATION TO A THIRD PARTY (Under the Data Protection Act 1998) In addition to the consent given under clause 12, I consent / do not consent to the Company disclosing information relevant to my employment by the Company, including but not limited to my pay and immigration status, as required to relevant third parties including Clients to whom I am assigned, and auditors acting on behalf of the Company and / or Clients.
MWA Template – October 2016