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Employment Business Client Terms of Business

Employment Business Client Terms and Conditions

TR.EA.03

These Employment Business Terms and Conditions are designed for use by employment businesses (as defined by the Conduct of Employment Agencies and Employment Businesses Regulations 2003) offering their services to general commercial clients seeking to acquire temporary staff. This document regulates the relationship between the employment business (also known as a temp agency) and its clients. An employment business will also need to use terms to regulate its relationship with the temp staff that it provides, such as the terms here.

This document is compliant with the UK GDPR (UK General Data Protection Regulation). In Clause 14, one or both sub-clauses in square brackets should be retained if and as appropriate where there is to be any data processing (sub-clause 14.5) and/or data sharing (sub-clause 14.4). However, if there is to be data processing but you prefer not to have to prepare a separate Data Processing Agreement (referred to in sub-clause 14.5), you may, in place of 14.5, insert our data processing clauses numbered 1.2 – 1.8 and Schedule: you will find them by clicking here. Clause 14 refers to a Privacy Notice attached in the Schedule, and you might wish to use our standard Privacy Notice for this purpose: you can find it by clicking here.

It is important to note that an employment business specifically supplies temporary workers to its clients whereby the workers remain employed by (or under a contract of service / for services with) the employment business and should not be confused with an employment agency.

This template is not appropriate for use where an assignment will or is likely to last more than 12 weeks as they do not make in depth reference to the Agency Workers Regulations 2010. Legal advice should be sought where an assignment for a particular temporary worker (or a series of assignments) extend(s) beyond 12 weeks.

These terms clearly sets out the obligations of both the employment business and the client with respect to key factors including the submission of vacancy information, the introduction of temporary workers and the payment of fees. Provision is also made in these terms of business for so-called “temp-to-perm” situations whereby a temporary worker is directly engaged by the client or a third party.

This document is designed specifically for employment businesses. For employment agencies, that is those who introduce work-seekers to clients for direct employment, a different set of terms (such as the terms here) should be applied.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

These Employment Business Terms and Conditions contain the following clauses:

 

1. Definitions and Interpretation

2. The Contract

3. The Services

4. Fees and Payment

5. The Employment Business’s Obligations

6. The Client’s Obligations

7. Timesheets

8. Sickness and Absence

9. Engagement of Assigned Temporary Workers and Transfer Fees

10. Engagement of non-assigned Temporary Workers

11. Third Party Engagement of Assigned Temporary Workers

12. Third Party Engagement of non-assigned Temporary Workers

13. Confidentiality

14. Data Protection

15. Liability

16. Indemnity

17. Termination

18. Force Majeure

19. Notices

20. Severance

21. No Waiver

22. Relationship

23. Third Parties

24. Dispute Resolution (Arbitration)

25. Law and Jurisdiction

Schedule - Privacy Notices

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

Once you have purchased access to the Business Document Folder click on the “Download Document” button below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.

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