Terms and conditions for full time appointments.
1. These terms and conditions of business are between A la Carte Recruitment (the Agent) and the Employer (Client) and are deemed to be agreed by the Client by written or oral acceptance of our Proposal or by virtue of an interview or engagement of a candidate introduced through our auspices.
2. Engagement of any candidate by a Client Company or third party up to and including eighteen months after the initial introduction date shall render the Client liable for payment of fees.
3. In the event that the candidate leaves the employment of the Client, from the position to which he was originally appointed, within a three month period, we undertake to reactivate the assignment at no additional fee charge other than agreed expenses, eg. advertising and interview expenses, etc.
4. Fees payable to the Agent by the Client for search and selection, interim management or other professional service will be determined either written or verbally, prior to the commencement of such an assignment.
5. Introduction of one of the Agent’s candidates by a Client to a third party resulting in employment of any nature shall render the Client liable for payment of fees.
FEES
Fees are usually expressed as a percentage of the successful candidate’s annual cash compensation, i.e. base salary plus any likely bonuses/commissions. The percentage is agreed at the outset of the assignment..
Fees will become payable by the Client within 28 days of the candidates acceptance of the offer. The Client has the right to cancel the assignment at any time prior to appointment, by written notification. If any of the Agency’s candidates are subsequently appointed by the Client, the Client will become liable for the agreed fees.
All Fees are subject to variation from time to time to accommodate individual Client requirements although any such variation from the normal terms of business is only valid for the duration of the assignment to which it applies.
There is a minimum fee of €1,500 per placement.
All Fees are subject to VAT which is charged at the prevailing rate at the time of invoicing.
TERMS AND CONDITIONS FOR THE SUPPLY OR INTRODUCTION OF TEMPORARY WORKERS
1. Introduction
These Terms and Conditions of Business are between the Employment Business and the Client hiring the Temporary Workers.
2. Definitions
In these Terms and Conditions the following definitions apply:
‘Employment Business’ means A la Carte Recruitment. (Holding company Boyd Resourcing Ltd)
‘The Client’ means the person, firm or corporate body to whom the Temporary Worker is introduced.
‘Engagement’ means the appointment of the Temporary Worker to perform services for or on behalf of a Client whether under a contract of service or for services.
‘Remuneration’ means the total of all taxable emoluments payable to or receivable by the Temporary Worker pursuant to the Engagement.
‘Temporary Worker’ means the person introduced by the Employment Business to the Client for an Engagement.
In these ‘Terms and Conditions for the introduction of Temporary Workers’ references to the singular include the plural and vice versa.
3. The contract
(i) These Terms and Conditions of Business are deemed to be accepted by the Client by virtue of its interview and/or the engagement by the Client (which term includes employment or use, whether under a contract of services or for services) of the Employment Business or Temporary Worker or the engagement by the Client of the services of the Temporary Worker.
(ii) Alterations to these Terms of Business can only be accepted if confirmed in writing by a Director of the Employment Business.
(iii) The laws of this contract shall be those of the Republic of Ireland.
(iv) Each of the Client, the Temporary Worker or the Employment Business can terminate this contract at any stage without prior notice.
4. Notification of Engagement
In the event that the Temporary Worker accepts the Engagement the Client shall notify the Employment Business immediately and provide details of the Remuneration.
5. Remuneration and Charges
5.1 Hourly Charges
The Client agrees to pay the hourly charge of the Employment Business advised at the time of booking of the Temporary Worker for all hours actually worked. A minimum of 4 hours will be charged on all bookings less than four hours worked. The Employment Business may vary these rates with immediate effect from time to time during the Engagement.
5.2 Basis of Rates
The rates charged are based on an 8 hour day and a 40-hour week. All hours worked above this will be charged as time and one half as will any hours worked on a Saturday. All hours worked on a Sunday and on Bank Holidays will be charged at double time. Shift allowances will be discussed where relevant.
5.3 Direct Payment of a Temporary Worker
In the event that the Employment Business introduces a Temporary Worker who is subsequently engaged by the Client to work on a temporary or locum basis, whether as an employee or on a self employed basis, the fee payable by the Client shall be the amount as is agreed and confirmed by the Employment Business in writing. In the absence of any such agreement the fee will be 30% of the Gross Weekly Salary of the Temporary Worker plus Employers’ PRSI plus VAT.
Our Standard ‘Terms and Conditions for the Introduction of Temporary Workers’ will apply at all times. In the event that the Client engages this Temporary Worker on a permanent basis the Introduction fee will then become payable.
5.4 Holiday Pay
The Employment Business will make all payments for holiday pay to the Temporary Worker. Holiday pay will not be billed separately by the Employment Business to the Client.
5.5 Public Holidays
All payments for public holiday pay will be made to the Temporary Worker by the Employment Business. Holiday pay will not be billed separately by the Employment Business to the Client.
5.6 Invoicing
Charges, which represent remuneration’s paid, are invoiced weekly and are payable within 14 days. Invoices outstanding after 14 days will be liable to interest charges at the rate of 8% above the base lending rate of Bank of Ireland, accruing daily from the date payment is due until the date payment is received.
5.7 Wages and Deductions
The Employment Business assumes responsibility for payment of remuneration, deduction and payment of all statutory contributions in respect of Pay Related Social Insurance (PRSI) and Personal Taxation (PAYE), applicable to the Temporary Worker as required by law. All Temporary Workers must be in receipt of a weekly payslip under the Payment of Wages Act 1991
6. Direct and Indirect Introduction fees
The Engagement or use by a Client of a Temporary Worker or former Temporary Worker introduced by the Employment Business (i.e. having worked an assignment or attended interview for any position of the Employment Business) whether for an indefinite period or definite period or the introduction of such Temporary Worker or former Temporary Worker to other employers with a resulting engagement renders the Client subject to payment of an amount equivalent to our normal placement fee, provided that the Engagement takes place within a period of twelve months from the termination of any temporary assignment. No refund is available for such placements where the ability of the workers is already proven.
The Client shall be liable to pay the appropriate Employment Businesses fee if it refers the Temporary Worker to its subsidiary or associated companies or any third party, which engages the Temporary Worker, or in any event where an Engagement results directly or indirectly from the introduction by the Employment Business. The replacement and Refund Guarantee shall not apply to any indirect introduction.
An introduction fee is also payable in respect of a Temporary Worker who, subsequently becomes incorporated under a limited company where there is an engagement, use or introduction of that limited company in accordance with this clause. In all cases, VAT is payable on the entire introduction fee.
7 Suitability of Temporary Worker
7.1 Introduction
Every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skill, integrity and reliability from the Temporary Worker and further to provide the Temporary Worker in accordance with booking details. No liability (by reason of the human element) will be accepted by the Employment Business for any loss, expense, damage or delay arising from any failure to provide any particular Temporary Worker for all or part of the period of the booking or from negligence, dishonesty, misconduct or lack of skill of the Temporary Worker provided.
Notwithstanding the above the Client shall take steps as it deems necessary to satisfy itself as to the suitability of the applicant and is responsible for taking up any reference provided by the Temporary Worker and/or Employment Business before engaging the Temporary Worker. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examination and/or investigations into the medical history of the Temporary Worker and satisfying any medical and other requirements or qualifications required by law.
7.2 Supervision of Temporary Workers
The Client undertakes to supervise the Temporary Worker assigned, sufficiently to ensure the Clients satisfaction with reasonable standards of workmanship, but if the services of a Temporary worker prove unsatisfactory, the Employment Business may reduce or cancel the charge for the time worked by that Temporary Worker provided that the Temporary Worker leaves that assignment and that notification, which must be confirmed in writing is received either:
(i) Within four hours of the worker commencing duties where a booking is for 7 hours or more or;
(ii) Within two hours for a booking of seven hours or less.
8. Liability
8.1 Payments to Temporary Workers
Temporary Workers provided by the Employment Business operate under contracts for services and are deemed to be under the direction of the Client from the time the Temporary Worker reports to take up duties and for the duration of the assignment and the Client agrees to be responsible for all acts, errors and omissions be they wilful, negligent or otherwise as though the Temporary Worker was on the payroll of the Client. In addition, the Client will in all respects comply with all statutes, bye-laws and legal requirements to which the Client is ordinarily subject in respect of the Clients own staff, but excluding the matters specifically mentioned in the paragraph above. In particular, we note that the Client is responsible for the provision of adequate Employers and Public Liability insurance cover for the Temporary Worker for the duration of the assignment. The Client shall indemnify the Employment Business against any costs, claims, damages and expenses incurred by the Employment Business arising out of the Engagement or use of the Temporary Worker by the Client.
The Employment Business shall not be liable under any circumstances for any loss, expense or damage suffered or incurred by the Client arising from or in any way connected with the introduction or Engagement of any Temporary Worker or from the failure of the Employment Business to introduce a Temporary Worker.
9 Rest Periods
9.1 Breaks
The Client agrees that the Temporary Worker will always get 11 hours consecutive rest in each period of 24 hours. The Client agrees that a rest break of 15 minutes will be given to each Temporary Worker for each 4.5 hour period worked. A rest break of 30 minutes is to be provided to each Temporary Worker where the hours are greater than 6 hours. In addition, every Temporary Worker is entitled to a 24-hour consecutive rest period for each 7 day period worked. This entitlement can be averaged over a 2-week period. No Temporary Worker is to work more than 48 hours in any 7-day period. The average limit can be calculated over a basic reference period of 4 months. Pursuant to the conditions of the Organisation of Working Time Act 1997, the Client agrees to furnish the Employment Business with completed individual Time Sheets on a weekly basis recording all hours worked and breaks taken. Time Sheets must be signed by the Temporary Worker and countersigned by their Supervisor. The Client will be provided with a sample Time Sheet by the Employment Business which meets the conditions of the Act and satisfies all of the recording requirements.
9.2 Night Workers
The Client is not to allow a night worker, as defined in the ‘Organisation of Working Time Act 1997’, to work more than 8 hours per 24 hour period calculated over reference period of 2 months.