What is a Casual Worker Contract?

Casual Work Contract

EMP.CONT.04

If you find yourself asking 'what is a casual work contract?’ You're not alone. Luckily we have written a clear explanation to help you understand, which you can take a look at here.

Unhelpfully, the terms ‘casual workers’ and ‘zero hour workers’ are often used interchangeably and there is no definitive definition of what constitutes a zero hours contract. It is important, therefore, that employers use the correct contract to meet their requirements.

For these purposes, then, casual workers are not considered to be employees working under a contract of employment because there is no mutuality of obligation and, under this contract, there is no continuing employment relationship between assignments. However, employers should ensure that assignments are of short duration and there is a sufficient gap between assignments (i.e. more than a week) to avoid claims that assignments are linked under a ‘global’ contract (see Zero Hours Contract).

As a casual worker is not an employee, these terms and conditions do not contain many of the standard employment contract clauses, for example, those relating to pensions, collective agreements, grievance, disciplinary, maternity and paternity, sick pay and retirement.

The Pensions Act 2014 introduced a new state pension for people reaching state pension age on or after 6 April 2016, replacing the previous basic state pension and additional state pension and ending contracting out for defined-benefit schemes.

This Casual Work Contract should be used when employers have variable demands for staff. Under a casual work contract, the Employer has no obligation to offer work to an individual and the individual is not required to accept the work when it is offered. For situations where the Employer is under no obligation to offer an Employee work but, when it does, the Employee is required to accept the offer, please see the Zero Hours Contract.

This contract is regularly reviewed to ensure it reflects the current position on casual workers.

This Casual Work Contract contains the following clauses:

  1. General
  2. Assignments
  3. No Continuous Service
  4. Hours of Work
  5. Place of Work
  6. Remuneration
  7. Holidays
  8. Sickness Absence
  9. Data Protection
  10. Severability
  11. Governing Law and Jurisdiction

This contract is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

Clauses with optional and alternative phrases appear in blue font. The way in which this document is designed ensures that it will make sense with or without the optional clauses. Tailor this contract by removing all phrases and clauses which are not relevant to your business. Once you have finished, please remember to highlight the whole document and switch the font colour to black.

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