HIRER OBLIGATIONS. 3.1. To enable DH TEAM LTD to comply with its obligations under the Conduct Regulations the Hirer undertakes to provide to DH TEAM LTD details of the position which the Hirer seeks to fill, including the following: 3.1.1. the type of work that the DH TEAM Employee would be required to do; 3.1.2. the location and hours of work; 3.1.3. the experience, training, qualifications and any authorisation which the Hirer considers necessary or which are required by law or any professional body for the DH TEAM LTD employees to possess in order to work in the position; 3.1.4. any risks to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks; 3.1.5. the date the Hirer requires the DH TEAM Employees to commence the Assignment; and 3.1.6. the duration or likely duration of the Assignment. 3.2. The Hirer will assist DH TEAM LTD in complying with DH TEAM LTD duties under the WTR by supplying any relevant information about the Assignment requested by DH TEAM LTD and the Hirer will not do anything to cause DH TEAM LTD to be in breach of its obligations under these Regulations. If the Hirer requires the services of a DH TEAM Employee for more than 48 hours in any week during the course of an Assignment, the Hirer must notify DH TEAM LTD of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the DH TEAM Employee to work in excess of 48 hours. 3.3. The Hirer will comply with its obligations under the Employment Act 2002. 3.4. To enable DH TEAM LTD to comply with its obligations under the Employment Act 2002, the Hirer undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at DH TEAM LTD’S request: 3.4.1.1. provide DH TEAM LTD with written details of the basic working and employment conditions the DH TEAM Employee would be entitled to for doing the same job if the DH TEAM Employee had been recruited directly by the Hirer as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions; 3.4.1.2. inform DH TEAM LTD in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee; 3.4.1.3. if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide DH TEAM LTD with a written explanation of the basis on which the Hirer considers that the relevant individual is a Comparable Employee; and 3.4.1.4. inform DH TEAM LTD in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and 3.4.1.5. DH TEAM LTD and the Client (Hirer) will assess together the Worker's performance. 3.5. The Hirer will comply with all DH TEAM LTD’S requests for information and any other requirements to enable the Employment Business to comply with the Employment Act 2002. 3.6. The Hirer warrants that: 3.6.1. all information and documentation supplied to the Employment Business in accordance with clauses 3.4, 3.4.1.4 and 3.5 is complete, accurate and up-to- date; and 3.6.2. it will, during the term of the relevant Assignment, immediately inform DH TEAM LTD in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4, 3.4.1.4 and 3.5. 3.7. The Hirer undertakes that it knows of no reason why it would be detrimental to the interests of DH TEAM LTD employees for the employees to fill the Assignment.
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HIRER OBLIGATIONS. 3.1. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Conduct Regulations the Hirer undertakes to provide to DH TEAM LTD the Employment Business details of the position which the Hirer seeks to fill, including the following:
3.1.1. the type of work that the DH TEAM Employee Agency Worker would be required to do;
3.1.2. the location and hours of work;
3.1.3. the experience, training, qualifications and any authorisation which the Hirer considers necessary or which are required by law or any professional body for the DH TEAM LTD employees Agency Worker to possess in order to work in the position;
3.1.4. any risks to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks;
3.1.5. the date the Hirer requires the DH TEAM Employees Agency Worker to commence the Assignment; and
3.1.6. the duration or likely duration of the Assignment.
3.2. The Hirer will assist DH TEAM LTD the Employment Business in complying with DH TEAM LTD the Employment Business's duties under the WTR by supplying any relevant information about the Assignment requested by DH TEAM LTD the Employment Business and the Hirer will not do anything to cause DH TEAM LTD the Employment Business to be in breach of its obligations under these Regulations. If the Hirer requires the services of a DH TEAM Employee an Agency Worker for more than 48 hours in any week during the course of an Assignment, the Hirer must notify DH TEAM LTD the Employment Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the DH TEAM Employee Agency Worker to work in excess of 48 hours.
3.3. The Hirer will comply with its obligations under Regulation 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the Employment Act 2002AWR.
3.4. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Employment Act 2002AWR, the Hirer undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at DH TEAM LTD’S the Employment Business’s request:
3.4.1.13.4.1. to inform the Employment Business of any Calendar Weeks in which the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment which count or may count towards the Qualifying Period;
3.4.2. if, the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or works in the same or a similar role with the Hirer via any third party during the relevant Assignment, to provide the Employment Business with all the details of such work which may count towards the Qualifying Period, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business;
3.4.3. to inform the Employment Business if, the Agency Worker has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment carried out work which could be deemed to count toward the Qualifying Period for the relevant Assignment in accordance with Regulation 9 of the AWR because s/he has:
3.4.3.1. completed two or more assignments with the Hirer;
3.4.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
3.4.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role;
3.4.4. save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to:
3.4.4.1. provide DH TEAM LTD the Employment Business with written details of the basic working and employment conditions the DH TEAM Employee Agency Worker would be entitled to for doing the same job if the DH TEAM Employee Agency Worker had been recruited directly by the Hirer as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;
3.4.1.23.4.4.2. inform DH TEAM LTD the Employment Business in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;
3.4.1.33.4.4.3. if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide DH TEAM LTD the Employment Business with a written explanation of the basis on which the Hirer considers that the relevant individual is a Comparable Employee; and
3.4.1.43.4.4.4. inform DH TEAM LTD the Employment Business in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and
3.4.1.53.4.5. DH TEAM LTD save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to provide the Employment Business with written details of its pay and benefits structures and appraisal processes and any variations of the Client (Hirer) will same.
3.5. In addition, for the purpose of awarding any bonus to which the Agency Worker may be entitled under the AWR, the Hirer will:
3.5.1. integrate the Agency Worker into its relevant performance appraisal system;
3.5.2. assess together the Agency Worker's performance;
3.5.3. provide the Employment Business with copies of all documentation relating to any appraisal of the Agency Worker, including without limitation written details of the outcome of any appraisal and the amount of any bonus awarded; and
3.5.4. provide the Employment Business with all other assistance the Employment Business may request in connection with the assessment of the Agency Worker's performance for the purpose of awarding any bonus.
3.53.6. The Hirer will comply with all DH TEAM LTD’S the Employment Business’s requests for information and any other requirements to enable the Employment Business to comply with the Employment Act 2002AWR.
3.63.7. The Hirer warrants that:
3.6.13.7.1. all information and documentation supplied to the Employment Business in accordance with clauses 3.4, 3.4.1.4 3.5 and 3.5 3.6 is complete, accurate and up-to- to-date; and
3.6.23.7.2. it will, during the term of the relevant Assignment, immediately inform DH TEAM LTD the Employment Business in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4, 3.4.1.4 3.5 and 3.53.6.
3.73.8. Without prejudice to clauses 14.7 and 14.8, the Hirer shall inform the Employment Business in writing of any:
3.8.1. oral or written complaint the Agency Worker makes to the Hirer which is or may be a complaint connected with rights under the AWR; and
3.8.2. written request for information relating to the Relevant Terms and Conditions that the Hirer receives from the Agency Worker as soon as possible but no later than 7 calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Hirer and the Hirer will take such action and give such information and assistance as the Employment Business may request, and within any timeframe requested by the Employment Business, in order to resolve any such complaint or to provide any such information in a written statement to the Agency Worker within 28 days of the Hirer's receipt of such a request in accordance with Regulation 16 of the AWR and the Hirer will provide the Employment Business with a copy of any such written statement.
3.9. The Hirer undertakes that it knows of no reason why it would be detrimental to the interests of DH TEAM LTD employees the Agency Worker for the employees Agency Worker to fill the Assignment.
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Samples: Employment Agreement, Employment Agreement
HIRER OBLIGATIONS. 3.1. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Conduct Regulations the Hirer undertakes to provide to DH TEAM LTD the Employment Business details of the position which the Hirer seeks to fill, including the following:
3.1.1. the type of work that the DH TEAM Employee Agency Worker would be required to do;
3.1.2. the location and hours of work;
3.1.3. the experience, training, qualifications and any authorisation which the Hirer considers necessary or which are required by law or any professional body for the DH TEAM LTD employees Agency Worker to possess in order to work in the position;
3.1.4. any risks to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks;
3.1.5. the date the Hirer requires the DH TEAM Employees Agency Worker to commence the Assignment; and;
3.1.6. the duration or likely duration of the Assignment.
3.2. The Hirer will assist DH TEAM LTD the Employment Business in complying with DH TEAM LTD the Employment Business' duties under the WTR Working Time Regulations by supplying any relevant information about the Assignment requested by DH TEAM LTD the Employment Business and the Hirer will not do anything to cause DH TEAM LTD the Employment Business to be in breach of its obligations under these Regulations. If the Hirer requires the services of a DH TEAM Employee an Agency Worker for more than 48 hours in any week during the course of an Assignment, the Hirer must notify DH TEAM LTD the Employment Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the DH TEAM Employee Agency Worker to work in excess of 48 hours.
3.3. The Hirer will comply with its obligations under Regulation 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the Employment Act 2002Agency Workers Regulations.
3.4. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Employment Act 2002Agency Workers Regulations, the Hirer undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at DH TEAM LTD’S the Employment Business' request:
3.4.1.13.4.1. to inform the Employment Business of any Calendar Weeks since 2nd January 2015 in which the relevant Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment which count or may count towards the Qualifying Period;
3.4.2. if, since 2nd January 2015, the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or works in the same or a similar role with the Hirer via any third party during the relevant Assignment, to provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business;
3.4.3. to inform the Employment Business if, since 2nd January 2015, the Agency Worker has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment:
3.4.3.1. completed two or more assignments with the Hirer;
3.4.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
3.4.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role;
3.4.4. save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to:
3.4.4.1. provide DH TEAM LTD the Employment Business with written details of the basic working and employment conditions the DH TEAM Employee Agency Worker would be entitled to for doing the same job if the DH TEAM Employee Agency Worker had been recruited directly by the Hirer as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;
3.4.1.23.4.4.2. inform DH TEAM LTD the Employment Business in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;
3.4.1.33.4.4.3. if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide DH TEAM LTD the Employment Business with a written explanation of the basis on which the Hirer considers that the relevant individual is a Comparable Employee; and
3.4.1.43.4.4.4. inform DH TEAM LTD the Employment Business in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and
3.4.1.53.4.5. DH TEAM LTD save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to provide the Employment Business with written details of its pay and benefits structures and appraisal processes and any variations of the Client (Hirer) will same.
3.5. In addition, for the purpose of awarding any bonus to which the Agency Worker may be entitled under the Agency Workers Regulations, the Hirer will:
3.5.1. integrate the Agency Worker into its relevant performance appraisal system;
3.5.2. assess together the Agency Worker's performance;
3.5.3. provide the Employment Business with copies of all documentation relating to any appraisal of the Agency Worker, including without limitation written details of the outcome of any appraisal and the amount of any bonus awarded; and
3.5.4. provide the Employment Business with all other assistance the Employment Business may request in connection with the assessment of the Agency Worker's performance for the purpose of awarding any bonus.
3.53.6. The Hirer will comply with all DH TEAM LTD’S the Employment Business' requests for information and any other requirements to enable the Employment Business to comply with the Employment Act 2002Agency Workers Regulations.
3.63.7. The Hirer warrants that:
3.6.13.7.1. all information and documentation supplied to the Employment Business in accordance with clauses 3.4, 3.4.1.4 3.5 and 3.5 3.6 is complete, accurate and up-to- to-date; and
3.6.23.7.2. it will, during the term of the relevant Assignment, immediately inform DH TEAM LTD the Employment Business in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4, 3.4.1.4 3.5 and 3.53.6;
3.8. Without prejudice to clauses 14.7 and 14.8, the Hirer shall inform the Employment Business in writing of any:
3.8.1. oral or written complaint the Agency Worker makes to the Hirer which is or may be a complaint connected with rights under the Agency Workers Regulations; and
3.8.2. written request for information relating to the Relevant Terms and Conditions that the Hirer receives from the Agency Worker as soon as possible but no later than 14 calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Hirer and the Hirer will take such action and give such information and assistance as the Employment Business may request, and within any timeframe requested by the Employment Business, in order to resolve any such complaint or to provide any such information in a written statement to the Agency Worker within 28 days of the Hirer's receipt of such a request in accordance with Regulation 16 of the Agency Workers Regulations and the Hirer will provide the Employment Business with a copy of any such written statement.
3.73.9. The Hirer undertakes that it knows of no reason why it would be detrimental to the interests of DH TEAM LTD employees the Agency Worker for the employees Agency Worker to fill the Assignment.
Appears in 1 contract
HIRER OBLIGATIONS. Obligations regarding the Conduct Regulations
3.1. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Conduct Regulations the Hirer undertakes to provide to DH TEAM LTD the Employment Business details of the position which the Hirer seeks to fill, including the following:
3.1.1. the type of work that the DH TEAM Employee Agency Worker would be required to do;
3.1.2. the location and hours of work;
3.1.3. the experience, training, qualifications and any authorisation which the Hirer considers necessary or which are required by law or any professional body for the DH TEAM LTD employees Agency Worker to possess in order to work in the position;
3.1.4. any risks to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks;
3.1.5. the date the Hirer requires the DH TEAM Employees Intermediary to commence the Assignment; and;
3.1.6. the duration or likely duration of the Assignment.
3.2. The Hirer will assist DH TEAM LTD in complying with DH TEAM LTD duties under undertakes that it knows of no reason why it would be detrimental to the WTR by supplying any relevant information about the Assignment requested by DH TEAM LTD and the Hirer will not do anything to cause DH TEAM LTD to be in breach of its obligations under these Regulations. If the Hirer requires the services of a DH TEAM Employee for more than 48 hours in any week during the course of an Assignment, the Hirer must notify DH TEAM LTD of this requirement before the commencement interests of the Assignment Intermediary or at the very latest, where this is not reasonably practicable, before Agency Worker for the commencement of Intermediary or Agency Worker to fill the week in which the Hirer requires the DH TEAM Employee to work in excess of 48 hours.Assignment. Obligations regarding AWR
3.3. The Hirer will comply with its obligations under Regulations 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the Employment Act 2002AWR.
3.4. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Employment Act 2002AWR, the Hirer undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at DH TEAM LTD’S the Employment Business's request:
3.4.1.13.4.1. to inform the Employment Business of any Calendar Weeks in the 24 months immediately preceding the start of the Assignment and/or during the relevant Assignment in which the relevant Agency Worker has worked in the same or a similar role with the Hirer via any third party and which count or may count towards the Qualifying Period;
3.4.2. if, in the 24 months immediately preceding the start of the Assignment and/or during the relevant Assignment , the relevant Agency Worker has worked in the same or a similar role with the Hirer via any third party to provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business;
3.4.3. to inform the Employment Business if, in the 24 months immediately preceding the start of the relevant Assignment and/or during the relevant Assignment the Agency Worker has:
3.4.3.1. completed two or more assignments with the Hirer;
3.4.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
3.4.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role.
3.4.4. save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to:
3.4.4.1. provide DH TEAM LTD the Employment Business with written details of the basic working and employment conditions the DH TEAM Employee Agency Worker would be entitled to for doing the same job if the DH TEAM Employee Agency Worker had been recruited directly by the Hirer as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;
3.4.1.23.4.4.2. inform DH TEAM LTD the Employment Business in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;
3.4.1.33.4.4.3. if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide DH TEAM LTD the Employment Business with a written explanation of the basis on which the Hirer considers that the relevant individual is a Comparable Employee; and
3.4.1.43.4.4.4. inform DH TEAM LTD the Employment Business in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and
3.4.1.53.4.5. DH TEAM LTD save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to provide the Employment Business with written details of its pay and benefits structures and appraisal processes and any variations of the Client (Hirer) will same.
3.5. In addition, for the purpose of awarding any bonus to which the Agency Worker may be entitled under the AWR, the Hirer will:
3.5.1. integrate the Agency Worker into its relevant performance appraisal system;
3.5.2. assess together the Agency Worker's performance;
3.5.3. provide the Employment Business with copies of all documentation relating to any appraisal of the Agency Worker, including without limitation written details of the outcome of any appraisal and the amount of any bonus awarded; and
3.5.4. provide the Employment Business with all other assistance the Employment Business may request in connection with the assessment of the Agency Worker's performance for the purpose of awarding any bonus.
3.53.6. The Hirer will comply with all DH TEAM LTD’S the Employment Business's requests for information and any other requirements to enable the Employment Business to comply with the Employment Act 2002AWR.
3.63.7. The Hirer warrants that:
3.6.13.7.1. all information and documentation supplied to the Employment Business in accordance with clauses 3.4, 3.4.1.4 and 3.5 3.1 to 3.6 inclusive is complete, accurate and up-to- to-date; and
3.6.23.7.2. it will, during the term of the relevant Assignment, immediately inform DH TEAM LTD the Employment Business in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4, 3.4.1.4 and 3.53.2 to 3.6 inclusive.
3.73.8. Without prejudice to clauses 14.6 and 14.7, the Hirer shall inform the Employment Business in writing of any:
3.8.1. oral or written complaint the Agency Worker makes to the Hirer which is or may be a complaint connected with rights under the AWR; and
3.8.2. written request for information relating to the Relevant Terms and Conditions that the Hirer receives from the Agency Worker as soon as possible but no later than 7 calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Hirer and the Hirer undertakes to take such action and give such information and assistance as the Employment Business may request, and within any timeframe requested by the Employment Business, in order to resolve any such complaint or to provide any such information in a written statement to the Agency Worker within 28 days of the Hirer's receipt of such a request in accordance with Regulation 16 of the AWR and the Hirer will provide the Employment Business with a copy of any such written statement.
3.9. The Hirer undertakes confirms that it knows of no reason why it would be detrimental to the interests of DH TEAM LTD employees for the employees to fill the Assignmentis a Public Authority.
Appears in 1 contract
Samples: Agreement With a Hirer for the Supply of Agency (Temporary) Workers
HIRER OBLIGATIONS. 3.1. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Conduct Regulations Regulations, where applicable, the Hirer undertakes to provide to DH TEAM LTD the Employment Business details of the position which the Hirer seeks to fill, including the following:
3.1.1. the type of work that the DH TEAM Employee Worker would be required to do;
3.1.2. the location and hours of work;
3.1.3. the experience, training, qualifications and any authorisation which the Hirer considers necessary or which are required by law or any professional body for the DH TEAM LTD employees Worker to possess in order to work in the position;
3.1.4. any risks to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks;
3.1.5. the date the Hirer requires the DH TEAM Employees Worker to commence the Assignment; and;
3.1.6. the duration or likely duration of the Assignment.
3.2. The Hirer will assist DH TEAM LTD the Employment Business in complying with DH TEAM LTD the Employment Business’ duties under the WTR Working Time Regulations, where applicable, by supplying any relevant information about the Assignment requested by DH TEAM LTD the Employment Business and the Hirer will not do anything to cause DH TEAM LTD the Employment Business to be in breach of its obligations under these Regulations. If the Hirer requires the services of a DH TEAM Employee Worker for more than 48 hours in any week during the course of an Assignment, the Hirer must notify DH TEAM LTD the Employment Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the DH TEAM Employee Worker to work in excess of 48 hours.
3.3. The In relation to Agency Workers, the Hirer will comply with its obligations under Regulation 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the Employment Act 2002Agency Workers Regulations.
3.4. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Employment Act 2002Agency Workers Regulations, in relation to each Agency Worker, the Hirer undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at DH TEAM LTD’S the Employment Business’ request:
3.4.1.13.4.1. to inform the Employment Business of any Calendar Weeks since 1 October 2011 in which the relevant Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment which count or may count towards the Qualifying Period;
3.4.2. if, since 1 October 2011, the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or works in the same or a similar role with the Hirer via any third party during the relevant Assignment, to provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business;
3.4.3. to inform the Employment Business if, since 1 October 2011, the Agency Worker has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment:
3.4.3.1. completed two or more assignments with the Hirer;
3.4.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer’s Group; and/or
3.4.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role;
3.4.4. save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to:
3.4.4.1. provide DH TEAM LTD the Employment Business with written details of the basic working and employment conditions the DH TEAM Employee Agency Worker would be entitled to for doing the same job if the DH TEAM Employee Agency Worker had been recruited directly by the Hirer as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;
3.4.1.23.4.4.2. inform DH TEAM LTD the Employment Business in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;
3.4.1.33.4.4.3. if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide DH TEAM LTD the Employment Business with a written explanation of the basis on which the Hirer considers that the relevant individual is a Comparable Employee; and
3.4.1.43.4.4.4. inform DH TEAM LTD the Employment Business in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and
3.4.1.53.4.5. DH TEAM LTD save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to provide the Employment Business with written details of its pay and benefits structures and appraisal processes and any variations of the Client (Hirer) will assess together the Worker's performancesame.
3.5. In addition, for the purpose of awarding any bonus to which any Agency Worker may be entitled under the Agency Workers Regulations, the Hirer will:
3.5.1. integrate the Agency Worker into its relevant performance appraisal system;
3.5.2. assess the Agency Worker’s performance;
3.5.3. provide the Employment Business with copies of all documentation relating to any appraisal of the Agency Worker, including without limitation written details of the outcome of any appraisal and the amount of any bonus awarded; and
3.5.4. provide the Employment Business with all other assistance the Employment Business may request in connection with the assessment of the Agency Worker’s performance for the purpose of awarding any bonus.
3.6. The Hirer will comply with all DH TEAM LTD’S the Employment Business’ requests for information and any other requirements to enable the Employment Business to comply with the Employment Act 2002Agency Workers Regulations.
3.63.7. The Hirer warrants that:
3.6.13.7.1. all information and documentation supplied to the Employment Business in accordance with clauses 3.4, 3.4.1.4 3.5 and 3.5 3.6 is complete, accurate and up-to- date; and
3.6.23.7.2. it will, during the term of the relevant Assignment, immediately inform DH TEAM LTD the Employment Business in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4, 3.4.1.4 3.5 and 3.53.6;
3.8. Without prejudice to clauses 14.7 and 14.8, the Hirer shall inform the Employment Business in writing of any:
3.8.1. oral or written complaint any Worker makes to the Hirer which is or may be a complaint connected with rights under the Agency Workers Regulations; and
3.8.2. written request for information relating to the Relevant Terms and Conditions that the Hirer receives from any Worker as soon as possible but no later than 7 calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Hirer and the Hirer will take such action and give such information and assistance as the Employment Business may request, and within any timeframe requested by the Employment Business, in order to resolve any such complaint or to provide any such information in a written statement to the Worker within 28 days of the Hirer’s receipt of such a request in accordance with Regulation 16 of the Agency Workers Regulations and the Hirer will provide the Employment Business with a copy of any such written statement.
3.73.9. The Hirer undertakes that it knows of no reason why it would be detrimental to the interests of DH TEAM LTD employees any Worker for the employees Worker to fill the Assignment.
Appears in 1 contract
Samples: Terms of Business Agreement
HIRER OBLIGATIONS. 3.1. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Conduct Regulations Regulations, where applicable, the Hirer undertakes to provide to DH TEAM LTD the Employment Business details of the position which the Hirer seeks to fill, including the following:
3.1.1. the type of work that the DH TEAM Employee Worker would be required to do;
3.1.2. the location and hours of work;
3.1.3. the experience, training, qualifications and any authorisation which the Hirer considers necessary or which are required by law or any professional body for the DH TEAM LTD employees Worker to possess in order to work in the position;
3.1.4. any risks to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks;
3.1.5. the date the Hirer requires the DH TEAM Employees Worker to commence the Assignment; and;
3.1.6. the duration or likely duration of the Assignment.
3.2. The Hirer will assist DH TEAM LTD the Employment Business in complying with DH TEAM LTD the Employment Business' duties under the WTR Working Time Regulations, where applicable, by supplying any relevant information about the Assignment requested by DH TEAM LTD the Employment Business and the Hirer will not do anything to cause DH TEAM LTD the Employment Business to be in breach of its obligations under these Regulations. If the Hirer requires the services of a DH TEAM Employee Worker for more than 48 hours in any week during the course of an Assignment, the Hirer must notify DH TEAM LTD the Employment Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the DH TEAM Employee Worker to work in excess of 48 hours.
3.3. The In relation to Agency Workers, the Hirer will comply with its obligations under Regulation 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the Employment Act 2002Agency Workers Regulations.
3.4. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Employment Act 2002Agency Workers Regulations, in relation to each Agency Worker, the Hirer undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at DH TEAM LTD’S the Employment Business' request:
3.4.1.13.4.1. to inform the Employment Business of any Calendar Weeks since 1 October 2011 in which the relevant Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment which count or may count towards the Qualifying Period;
3.4.2. if, since 1 October 2011, the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or works in the same or a similar role with the Hirer via any third party during the relevant Assignment, to provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business;
3.4.3. to inform the Employment Business if, since 1 October 2011, the Agency Worker has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment:
3.4.3.1. completed two or more assignments with the Hirer;
3.4.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
3.4.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role;
3.4.4. save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to:
3.4.4.1. provide DH TEAM LTD the Employment Business with written details of the basic working and employment conditions the DH TEAM Employee Agency Worker would be entitled to for doing the same job if the DH TEAM Employee Agency Worker had been recruited directly by the Hirer as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;
3.4.1.23.4.4.2. inform DH TEAM LTD the Employment Business in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;
3.4.1.33.4.4.3. if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide DH TEAM LTD the Employment Business with a written explanation of the basis on which the Hirer considers that the relevant individual is a Comparable Employee; and
3.4.1.43.4.4.4. inform DH TEAM LTD the Employment Business in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and
3.4.1.53.4.5. DH TEAM LTD save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to provide the Employment Business with written details of its pay and benefits structures and appraisal processes and any variations of the Client (Hirer) will same.
3.5. In addition, for the purpose of awarding any bonus to which any Agency Worker may be entitled under the Agency Workers Regulations, the Hirer will:
3.5.1. integrate the Agency Worker into its relevant performance appraisal system;
3.5.2. assess together the Agency Worker's performance;
3.5.3. provide the Employment Business with copies of all documentation relating to any appraisal of the Agency Worker, including without limitation written details of the outcome of any appraisal and the amount of any bonus awarded; and
3.5.4. provide the Employment Business with all other assistance the Employment Business may request in connection with the assessment of the Agency Worker's performance for the purpose of awarding any bonus.
3.53.6. The Hirer will comply with all DH TEAM LTD’S the Employment Business' requests for information and any other requirements to enable the Employment Business to comply with the Employment Act 2002Agency Workers Regulations.
3.63.7. The Hirer warrants that:
3.6.13.7.1. all information and documentation supplied to the Employment Business in accordance with clauses 3.4, 3.4.1.4 3.5 and 3.5 3.6 is complete, accurate and up-to- to-date; and
3.6.23.7.2. it will, during the term of the relevant Assignment, immediately inform DH TEAM LTD the Employment Business in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4, 3.4.1.4 3.5 and 3.53.6;
3.8. Without prejudice to clauses 14.7 and 14.8, the Hirer shall inform the Employment Business in writing of any:
3.8.1. oral or written complaint any Worker makes to the Hirer which is or may be a complaint connected with rights under the Agency Workers Regulations; and
3.8.2. written request for information relating to the Relevant Terms and Conditions that the Hirer receives from any Worker as soon as possible but no later than 7 calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Hirer and the Hirer will take such action and give such information and assistance as the Employment Business may request, and within any timeframe requested by the Employment Business, in order to resolve any such complaint or to provide any such information in a written statement to the Worker within 28 days of the Hirer's receipt of such a request in accordance with Regulation 16 of the Agency Workers Regulations and the Hirer will provide the Employment Business with a copy of any such written statement.
3.73.9. The Hirer undertakes that it knows of no reason why it would be detrimental to the interests of DH TEAM LTD employees any Worker for the employees Worker to fill the Assignment.
Appears in 1 contract
Samples: Terms of Business Agreement for the Supply of Temporary Staff
HIRER OBLIGATIONS. 3.1. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Conduct Regulations the Hirer undertakes to provide to DH TEAM LTD the Employment Business details of the position which the Hirer seeks to fill, including the following:
3.1.1. the type of work that the DH TEAM Employee Agency Worker would be required to do;
3.1.2. the location and hours of work;
3.1.3. the experience, training, qualifications and any authorisation which the Hirer considers necessary or which are required by law or any professional body for the DH TEAM LTD employees Agency Worker to possess in order to work in the position;
3.1.4. ; any risks to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks;
3.1.53.1.4. the date the Hirer requires the DH TEAM Employees Agency Worker to commence the Assignment; and
3.1.63.1.5. the duration or likely duration of the Assignment.
3.2. The Hirer will assist DH TEAM LTD the Employment Business in complying with DH TEAM LTD the Employment Business's duties under the WTR by supplying any relevant information about the Assignment requested by DH TEAM LTD the Employment Business and the Hirer will not do anything to cause DH TEAM LTD the Employment Business to be in breach of its obligations under these Regulations. If the Hirer requires the services of a DH TEAM Employee an Agency Worker for more than 48 hours in any week during the course of an Assignment, the Hirer must notify DH TEAM LTD the Employment Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the DH TEAM Employee Agency Worker to work in excess of 48 hours.
3.3. The Hirer will comply with its obligations under Regulation 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the Employment Act 2002AWR.
3.4. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Employment Act 2002AWR, the Hirer undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at DH TEAM LTD’S the Employment Business’s request:
3.4.1.13.4.1. to inform the Employment Business of any Calendar Weeks in which the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment which count or may count towards the Qualifying Period;
3.4.2. if, the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or works in the same or a similar role with the Hirer via any third party during the relevant Assignment, to provide the Employment Business with all the details of such work which may count towards the Qualifying Period, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business;
3.4.3. to inform the Employment Business if, the Agency Worker has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment carried out work which could be deemed to count toward the Qualifying Period for the relevant Assignment in accordance with Regulation 9 of the AWR because s/he has:
3.4.3.1. completed two or more assignments with the Hirer;
3.4.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
3.4.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role;
3.4.4. save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to:
3.4.4.1. provide DH TEAM LTD the Employment Business with written details of the basic working and employment conditions the DH TEAM Employee Agency Worker would be entitled to for doing the same job if the DH TEAM Employee Agency Worker had been recruited directly by the Hirer as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;
3.4.1.23.4.4.2. inform DH TEAM LTD the Employment Business in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;
3.4.1.33.4.4.3. if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide DH TEAM LTD the Employment Business with a written explanation of the basis on which the Hirer considers that the relevant individual is a Comparable Employee; and
3.4.1.43.4.4.4. inform DH TEAM LTD the Employment Business in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and
3.4.1.53.4.5. DH TEAM LTD save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to provide the Employment Business with written details of its pay and benefits structures and appraisal processes and any variations of the Client (Hirer) will same.
3.5. In addition, for the purpose of awarding any bonus to which the Agency Worker may be entitled under the AWR, the Hirer will:
3.5.1. integrate the Agency Worker into its relevant performance appraisal system;
3.5.2. assess together the Agency Worker's performance;
3.5.3. provide the Employment Business with copies of all documentation relating to any appraisal of the Agency Worker, including without limitation written details of the outcome of any appraisal and the amount of any bonus awarded; and
3.5.4. provide the Employment Business with all other assistance the Employment Business may request in connection with the assessment of the Agency Worker's performance for the purpose of awarding any bonus.
3.53.6. The Hirer will comply with all DH TEAM LTD’S the Employment Business’s requests for information and any other requirements to enable the Employment Business to comply with the Employment Act 2002AWR.
3.63.7. The Hirer warrants that:
3.6.13.7.1. all information and documentation supplied to the Employment Business in accordance with clauses 3.4Error! Reference source not found., 3.4.1.4 Error! Reference source not found. and 3.5 Error! Reference source not found. is complete, accurate and up-to- to-date; and
3.6.23.7.2. it will, during the term of the relevant Assignment, immediately inform DH TEAM LTD the Employment Business in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4Error! Reference source not found., 3.4.1.4 Error! Reference source not found. and 3.5Error! Reference source not found..
3.8. Without prejudice to clauses 14.7 and 14.8, the Hirer shall inform the Employment Business in writing of any:
3.8.1. oral or written complaint the Agency Worker makes to the Hirer which is or may be a complaint connected with rights under the AWR; and
3.8.2. written request for information relating to the Relevant Terms and Conditions that the Hirer receives from the Agency Worker as soon as possible but no later than 7 calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Hirer and the Hirer will take such action and give such information and assistance as the Employment Business may request, and within any timeframe requested by the Employment Business, in order to resolve any such complaint or to provide any such information in a written statement to the Agency Worker within 28 days of the Hirer's receipt of such a request in accordance with Regulation 16 of the AWR and the Hirer will provide the Employment Business with a copy of any such written statement.
3.73.9. The Hirer undertakes that it knows of no reason why it would be detrimental to the interests of DH TEAM LTD employees the Agency Worker for the employees Agency Worker to fill the Assignment.
3.10. The Client will comply with all the Employment Business’s requests for information and any other requirements to enable the Employment Business to comply with the AWR.
3.11. The Client warrants that:
3.11.1. all information and documentation supplied to the Employment Business in accordance with this clause 3 is complete, accurate and up-to-date; and
3.11.2. it will, during the term of the relevant Assignment, immediately inform the Employment Business in writing of any subsequent change in any information or documentation provided in accordance with this clause 3.
3.12. The Hirer will assist the Employment Business in complying with the Employment Business' duties under such provisions of the Driving Legislation and the WTR as may be applicable and any other similar legislation as may be applicable to the Assignment in any country or countries by supplying any relevant information about and copies of any relevant documentation (including without limitation tachograph charts) relating to the Assignment requested by the Employment Business, and the Hirer will not do anything to cause the Employment Business to be in breach of its obligations under such legislation. If the Hirer requires the services of an Agency Worker for more than 48 hours in any week during the course of an Assignment, the Hirer must notify the Employment Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the Agency Worker to work in excess of 48 hours.
3.13. In relation to any Vehicles and operations subject to the Goods Vehicles (Licensing of Operators) Xxx 0000 (the Act), it is a condition of these Terms that the Hirer:
3.13.1. holds a complete, accurate and up-to-date operator's licence under the Act throughout the period of any Assignment and the Hirer hereby warrants that it holds such a licence;
3.13.2. will comply with all its obligations for obtaining and maintaining such operator's licence under the Act; and
3.13.3. will upon request permit the Employment Business to inspect and take copies of the Hirer's operator's licence.
3.14. The Hirer will take all reasonable steps to ensure that all transport time schedules which it implements and any other arrangements regarding working time in relation to the Assignment will conform in full to the requirements of the Driving Legislation and the WTR as may be applicable to the Assignment and any other similar regulations in any country or countries applicable to the Assignment.
Appears in 1 contract
Samples: Employment Agreement
HIRER OBLIGATIONS. 3.1. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Conduct Regulations the Hirer undertakes to provide to DH TEAM LTD the Employment Business details of the position which the Hirer seeks to fill, including the following:
3.1.1. the type of work that the DH TEAM Employee Agency Worker would be required to do;
3.1.2. the location and hours of work;
3.1.3. the experience, training, qualifications and any authorisation which the Hirer considers necessary or which are required by law or any professional body for the DH TEAM LTD employees Agency Worker to possess in order to work in the position;
3.1.4. any risks to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks;
3.1.5. the date the Hirer requires the DH TEAM Employees Agency Worker to commence the Assignment; and
3.1.6. the duration or likely duration of the Assignment.
3.2. The Hirer will assist DH TEAM LTD the Employment Business in complying with DH TEAM LTD the Employment Business's duties under the WTR by supplying any relevant information about the Assignment requested by DH TEAM LTD the Employment Business and the Hirer will not do anything to cause DH TEAM LTD the Employment Business to be in breach of its obligations under these Regulations. If the Hirer requires the services of a DH TEAM Employee an Agency Worker for more than 48 hours in any week during the course of an Assignment, the Hirer must notify DH TEAM LTD the Employment Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the DH TEAM Employee Agency Worker to work in excess of 48 hours.
3.3. The Hirer will comply with its obligations under Regulation 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the Employment Act 2002AWR.
3.4. To enable DH TEAM LTD the Employment Business to comply with its obligations under the Employment Act 2002AWR, the Hirer undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at DH TEAM LTD’S the Employment Business’s request:
3.4.1.13.4.1. to inform the Employment Business of any Calendar Weeks in which the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment which count or may count towards the Qualifying Period;
3.4.2. if, the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or works in the same or a similar role with the Hirer via any third party during the relevant Assignment, to provide the Employment Business with all the details of such work which may count towards the Qualifying Period, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business;
3.4.3. to inform the Employment Business if, the Agency Worker has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment carried out work which could be deemed to count toward the Qualifying Period for the relevant Assignment in accordance with Regulation 9 of the AWR because s/he has:
3.4.3.1. completed two or more assignments with the Hirer;
3.4.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
3.4.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role;
3.4.4. save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to:
3.4.4.1. provide DH TEAM LTD the Employment Business with written details of the basic working and employment conditions the DH TEAM Employee Agency Worker would be entitled to for doing the same job if the DH TEAM Employee Agency Worker had been recruited directly by the Hirer as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;
3.4.1.23.4.4.2. inform DH TEAM LTD the Employment Business in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;
3.4.1.33.4.4.3. if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide DH TEAM LTD the Employment Business with a written explanation of the basis on which the Hirer considers that the relevant individual is a Comparable Employee; and
3.4.1.43.4.4.4. inform DH TEAM LTD the Employment Business in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and
3.4.1.53.4.5. DH TEAM LTD save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to provide the Employment Business with written details of its pay and benefits structures and appraisal processes and any variations of the Client (Hirer) will same.
3.5. In addition, for the purpose of awarding any bonus to which the Agency Worker may be entitled under the AWR, the Hirer will:
3.5.1. integrate the Agency Worker into its relevant performance appraisal system;
3.5.2. assess together the Agency Worker's performance;
3.5.3. provide the Employment Business with copies of all documentation relating to any appraisal of the Agency Worker, including without limitation written details of the outcome of any appraisal and the amount of any bonus awarded; and
3.5.4. provide the Employment Business with all other assistance the Employment Business may request in connection with the assessment of the Agency Worker's performance for the purpose of awarding any bonus.
3.53.6. The Hirer will comply with all DH TEAM LTD’S the Employment Business’s requests for information and any other requirements to enable the Employment Business to comply with the Employment Act 2002AWR.
3.63.7. The Hirer warrants that:
3.6.13.7.1. all information and documentation supplied to the Employment Business in accordance with clauses 3.4, 3.4.1.4 3.5 and 3.5 3.6 is complete, accurate and up-to- to-date; and
3.6.23.7.2. it will, during the term of the relevant Assignment, immediately inform DH TEAM LTD the Employment Business in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4, 3.4.1.4 3.5 and 3.53.6.
3.73.8. Without prejudice to clauses 14.7 and 14.8, the Hirer shall inform the Employment Business in writing of any:
3.8.1. oral or written complaint the Agency Worker makes to the Hirer which is or may be a complaint connected with rights under the AWR; and
3.8.2. written request for information relating to the Relevant Terms and Conditions that the Hirer receives from the Agency Worker as soon as possible but no later than 7 calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Hirer and the Hirer will take such action and give such information and assistance as the Employment Business may request, and within any timeframe requested by the Employment Business, in order to resolve any such complaint or to provide any such information in a written statement to the Agency Worker within 28 days of the Hirer's receipt of such a request in accordance with Regulation 16 of the AWR and the Hirer will provide the Employment Business with a copy of any such written statement.
3.9. The Hirer undertakes that it knows of no reason why it would be detrimental to the interests of DH TEAM LTD employees the Agency Worker for the employees Agency Worker to fill the Assignment.
Appears in 1 contract
Samples: Terms of Business for Agency Workers
HIRER OBLIGATIONS. 3.1. To enable DH TEAM LTD 9.1 The Hirer agrees to notify TBC if the temporary workers supplied are to work with anyone who is vulnerable, by virtue of being young (under 18), of old age or of infirmity.
9.2 The Hirer agrees to comply with its obligations under all applicable laws, statutes and regulations including but not to limited the Conduct Working Time Regulations 1998, Health and Safety At Work Act 1974, the AWR and any legal requirements the Hirer undertakes is ordinarily subject to provide to DH TEAM LTD details in respect of the position which the Hirers own staff (excluding those specifically mentioned in Clause 3.)
9.3 The Hirer seeks acknowledges that it may process personal data on TBC’s behalf and agrees to fillcomply with all Data Protection Legislation, including the following:GDPR.
3.1.1. 9.4 The Hirer shall advise TBC of any special Health and Safety matters about which TBC is required to inform the type temporary worker, and of work any reason that the DH TEAM Employee it knows of, that it would be required to do;
3.1.2. the location and hours of work;
3.1.3. the experience, training, qualifications and any authorisation which the Hirer considers necessary or which are required by law or any professional body for the DH TEAM LTD employees to possess in order to work in the position;
3.1.4. any risks to health or safety known detrimental to the Hirer and what steps the Hirer has taken to prevent or control such risks;
3.1.5. the date the Hirer requires the DH TEAM Employees to commence the Assignment; and
3.1.6. the duration or likely duration interest of the Assignmenttemporary worker to undertake the assignment.
3.2. 9.5 The Hirer will assist DH TEAM LTD TBC in complying with DH TEAM LTD TBC's duties under the WTR as required by law by supplying any relevant information about the Assignment assignment requested by DH TEAM LTD TBC and the Hirer will not do anything to cause DH TEAM LTD TBC to be in breach of its obligations under these Regulations. If laws.
9.6 The Hirer shall ensure the provision of adequate Employer’s and Public Liability Insurance for the temporary worker during all assignments.
9.7 Temporary drivers are supplied to the Hirer requires on the services understanding that the Hirer holds the operator licence required by Law.
9.8 The Hirer shall not allow the temporary workers to drive any motorised or other vehicle on behalf of a DH TEAM Employee for more than 48 hours the Hirer whether or not in any week during the course of an Assignment, the Hirer must notify DH TEAM LTD of this requirement before Hirer's business without ensuring first that the commencement of temporary worker is properly licensed by the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the DH TEAM Employee appropriate statutory authority and fully insured to work in excess of 48 hoursdrive such vehicles.
3.3. 9.9 The Hirer will comply with its obligations ensure that all vehicles driven by temporary workers are properly maintained and safe and insured under the Employment Act 2002Road Traffic Acts and that proper records and tachographs and vehicle licences are kept.
3.4. To enable DH TEAM LTD 9.10 The Hirer agrees to comply with its obligations under the Employment Act 2002take direct responsibility for all statutory duties where applicable in respect of driving licences and permits, driver's hours and records, the Hirer undertakes as soon as possible prior issue and collection of tachograph cards or digital information, maintenance and safety of vehicles, Health and Safety Regulations and Road Traffic and liability insurance's, including but not limited to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at DH TEAM LTD’S request:
3.4.1.1. provide DH TEAM LTD with written details of the basic working and employment conditions the DH TEAM Employee would be entitled to for doing the same job if the DH TEAM Employee had been recruited directly by the Hirer as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;
3.4.1.2. inform DH TEAM LTD in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;
3.4.1.3. if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide DH TEAM LTD with a written explanation of the basis on which the Hirer considers that the relevant individual is a Comparable Employee; and
3.4.1.4. inform DH TEAM LTD in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and
3.4.1.5. DH TEAM LTD and the Client (Hirer) will assess together the Worker's performance.
3.5. The Hirer will comply with all DH TEAM LTD’S requests for information and any other requirements to enable the Employment Business to comply with the Employment Act 2002.
3.6. The Hirer warrants that:
3.6.1. all information and documentation supplied to the Employment Business in accordance with clauses 3.4, 3.4.1.4 and 3.5 is complete, accurate and up-to- date; and
3.6.2. it will, during the term of the relevant Assignment, immediately inform DH TEAM LTD in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4, 3.4.1.4 and 3.5.
3.7. The Hirer undertakes that it knows of no reason why it would be detrimental to the interests of DH TEAM LTD employees fully comprehensive insurance for the employees vehicle to fill the Assignmentbe driven and its contents.
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Samples: Terms of Business – Temporary Staff