Temporary Worker Terms of Business

Employment Business Temporary Worker Terms and Conditions

TR.EA.04

These Employment Business Temporary Worker 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 temporary workers. This document regulates the relationship between the employment business and temporary workers seeking to use its services. It includes references, where relevant, to the Agency Workers Regulations 2010.

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 clearly sets out the obligations of both the employment business and the temporary worker with respect to key factors including payment, leave and absence, and intellectual property created by the temporary worker.

Note that since 1st October 2011, the Agency Worker Regulations 2010 will apply to assignments that last more than 12 weeks (or more than 12 weeks in aggregate, for a series of shorter assignments). Brief reference is made to the AWR in Clause 6, but employment businesses must implement processes to ensure that they comply with the regulations in practice.

These terms are 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 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 Temporary Worker Terms and Conditions contain the following clauses:

1. Definitions and Interpretation
2. The Contract
3. The Representation Offer
4. The Services
5. Payment
6. The Employment Business’s Obligations
7. The Temporary Worker’s Obligations
8. Timesheets
9. Sickness, Absence and Leave
10. Intellectual Property
11. Liability
12. Indemnity
13. Termination
14. Force Majeure
15. Notices
16. Severance
17. No Waiver
18. Dispute Resolution (Arbitration)
19. Law and Jurisdiction

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

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