Statutory Leave. (a) For the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 December to 30 November in each calendar year. (b) Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks paid leave. Any and all entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year. (c) Entitlement to paid leave under the Working Time Regulations 1998 accrues in proportion to the number of normal working hours (i.e. those which do not attract overtime rates of pay) worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of such leave is calculated in accordance with and in proportion to the number of hours which he works on Assignment. (d) Where the Temporary Worker wishes to take leave s/he should notify the Employment Business in writing of the dates of his/her intended absence. The amount of notice which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the year. (e) Where a Bank Holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement. (f) If the Temporary Worker leaves the engagement of the Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/her. (g) None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 6 contracts
Samples: Terms of Engagement of Temporary Workers, Terms of Engagement of Temporary Workers, Terms of Engagement of Temporary Workers
Statutory Leave. 9.1 The provisions of this clause 9 are subject to the AWR.
9.2 Under Working Time Regulations the TW is entitled to a statutory period of paid leave of 5.6 weeks (a28 days) per year, pro rata. For calculating the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 December to 30 November in each calendar year.
(b) Under commences on the Working Time Regulations 1998, date the Temporary Worker is entitled to 5.6 weeks paid leaveTW starts an Assignment or a series of Assignments. Any and all All of the entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next leave year.
(c) Entitlement to paid leave under the Working Time Regulations 1998 . The entitlement accrues in proportion pro rata to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) worked continuously by time the Temporary Worker on Assignment TW is engaged during the leave year. The For purposes of taking leave fractions may be rounded up in half days but payment will be based on the fraction due. For the avoidance of doubt, the leave years runs from 1st January to 31st December.
9.3 Normally the amount of the payment to which the Temporary Worker TW is entitled in respect of such paid leave is calculated at the daytime rate in accordance with and in proportion to the number of standard hours which he (not overtime) the TW works on AssignmentAssignments. If the standard hours vary during accrual period, paid leave entitlement will be calculated as an average of weekly payments for hours worked during the 12 week period prior to the week in which paid leave is taken.
(d) Where 9.4 At the Temporary Worker end of each month or when the TW wishes to take some or all of the paid leave s/he to which the TW is entitled, the TW should notify the Employment Business EB in writing in advance of the dates of his/her the TW’s intended absence. The amount of notice which the Temporary Worker is required to give should be at least 2 weekstwice the length of the period of leave that the TW wishes to take. Occasionally you In certain circumstances the EB may be asked to defer your holiday due give counter-notice to the requirements TW to postpone or reduce the amount of leave that the Client. If this is the case you will be notified as soon as possible. You will always be allowed TW wishes to take your full entitlement before and in such circumstances the end EB will inform the TW in writing giving at least the same length of notice as the year.
(e) Where a period of leave that has been requested. Public or Bank Holiday or other public holiday falls during an Assignment and Holidays not worked will not be paid unless the Temporary Worker does not work on TW notifies the EB that day, the Bank Holiday or other public holiday shall count he wishes to take them as part of the Temporary WorkerTW’s paid statutory annual leave entitlement.
(f) If 9.5 Where this contract is terminated by either party and a P45 issued, the Temporary Worker leaves TW is entitled to a payment in lieu of any untaken accrued paid leave. Failure to formerly request holiday pay prior to the engagement issue of the Employment Business with an outstanding paid TW’s P45 will result in loss of any accrued holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/herentitlement.
(g) None 9.6 For the avoidance of doubt, none of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary WorkerTW’s status as a self-employed worker.
Appears in 3 contracts
Samples: Contract for Services for Temporary Workers, Contract for Services for Temporary Workers, Contract for Services for Temporary Workers
Statutory Leave. (a) For 8.1. Entitlement to leave commences on the date that the Temporary Worker starts an Assignment or a series of Assignments and for the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 commences on 1st January to 31st December to 30 November in each calendar yearfollowing.
(b) 8.2. Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks paid leaveleave per leave year (equivalent to 28 days for those working a 5 day week). Any and all If the assignment starts and/or ends during a leave year, the Temporary Worker’s entitlement to paid leave in that year shall be the 5.6 weeks multiplied by the proportion of the leave year during which the assignment has been ongoing. All entitlement to leave must be authorised in advance and shall be taken during the course of the leave year in which it accrues and none may be carried forward to the next yearyear without the express, written agreement of the Employment Business.
(c) 8.3. Entitlement to paid payment for leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of such paid annual leave is calculated in accordance with with, and in proportion to to, the number of hours which s/he works on an Assignment. Any payments for leave will be calculated on the basis of rates paid during the Client’s normal working hours (ie not including overtime).
(d) Where the 8.4. During an Assignment, if a Temporary Worker wishes to take leave paid leave, to which s/he is entitled, s/he should notify the Employment Business in writing of the dates of his/her intended absenceabsence giving notice of at least twice the length of the period of leave that s/he wishes to take. The amount of notice Employment Business may refuse a leave request for specific dates at any time before the first date to which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the yearrequest relates.
(e) 8.5. Where a Bank Holiday holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If 8.6. Unless the Temporary Worker leaves the engagement of advises the Employment Business with an outstanding paid holiday entitlement then s/he willotherwise, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If Employment Business shall assume that when the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to is on Assignment that all working days when the Temporary Worker does not work have been taken as holiday and shall be treated as unpaid leave where the balance (if any) will be paid to him/herTemporary Workers holiday entitlement has been used up.
(g) 8.7. None of the provisions of in this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
8.8. At the end of an Assignment, the Employment Business will make a payment to the Temporary Worker in respect of any accrued holiday entitlement that has arisen but has not been taken at the end of the Assignment.
8.9. The Employment Business may make a deduction from the Temporary Worker’s final pay (and the Temporary Worker hereby agrees to that deduction) for any holiday taken in excess of their entitlement, at the date of termination.
8.10. Following the Qualifying Period and where relevant in accordance with the AWR, the Employment Business may vary clause 8.2 of this Agreement, as is appropriate, and any such variation shall be set out within an Assignment Schedule and issued to the Temporary Worker.
Appears in 2 contracts
Samples: Engagement of a Temporary Worker (Paye), Engagement of a Temporary Worker
Statutory Leave. (a) 5.1 For the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from commences on 1 December to 30 November in January of each calendar year. If the Temporary Worker commences or finishes a continuous period of Assignments during a leave year, leave will be calculated as a proportion of the leave year.
(b) 5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks 28 days paid leaveleave per complete leave year (inclusive of bank and public holidays). Any The Employment Business’ leave runs between 1st January and all 31st December. Subject to Clause 15.8, the Temporary Worker may be entitled to additional paid or unpaid leave in accordance with the Agency Workers Regulations 2010. In respect of the first 12 months of a continuous period of Assignments the entitlement to leave will accrue at the rate of 1/12 of the annual leave entitlement for each month worked. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next leave year.
(c) Entitlement to paid . For the avoidance of doubt, where any accrued leave under the Working Time Regulations 1998 accrues has not been taken in proportion to the number of normal working hours (i.e. those which do not attract overtime rates of pay) worked continuously by accordance with this clause 5, the Temporary Worker on Assignment during hereby forfeits any outstanding amounts due. If at the leave year. end of a continuous period of Assignments, the Temporary Worker has been paid in respect of holiday taken in excess of his accrued holiday entitlement, the Temporary Worker shall repay to the Employment Business such holiday pay which has been paid but not accrued, and agrees that the Employment Business shall be entitled to deduct from any sums which may be owed to the Temporary Worker the amount of any holiday pay which is due to be repaid to the Employment Business pursuant to this clause 5.2.
5.3 The amount of the payment to which the Temporary Worker is entitled in respect of such leave is calculated in accordance with and in proportion to the number of hours which he works on AssignmentAssignments, and for each hour worked the Temporary Worker will accrue a holiday accrual of 12.07% of his hourly pay. The Temporary Worker shall be paid for such leave when taken, subject to sufficient holiday pay having accrued. Holiday leave can only be taken in full days.
(d) 5.4 Where the Temporary Worker wishes to take any leave s/to which he is entitled, he should notify the Employment Business in writing of the dates of his/her his intended absence. The amount of notice which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to twice the requirements length of the Clientperiod of leave that he wishes to take. If this Unless the Employment Business informs the Temporary Worker in writing that it is the case you will be notified as soon as possible. You will always be allowed not possible for him to take your full entitlement before leave on the end specified dates, the Temporary Worker shall be entitled to take his notified leave entitlement. For the avoidance of doubt, any leave to which the Temporary Worker is entitled should be taken outside of normal rest days. In respect of the yearfirst 12 months of a continuous period of Assignments the Temporary Worker may only take such leave as has accrued in accordance with clause 5.2 above.
(e) 5.5 Where a Bank Holiday or other public holiday falls during an Assignment and the Temporary Worker does shall not work (unless required to do so by the Client) on that day, day and the Bank Holiday or other public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If . Where the Client has a closedown/shutdown and this falls during an Assignment, the Temporary Worker leaves shall not work on that day or days (unless required by the engagement Client to do so) and the closedown shall count as part of the Employment Business with an outstanding Temporary Worker’s paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/herannual leave entitlement.
(g) 5.6 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 2 contracts
Samples: Terms of Engagement, Terms of Engagement
Statutory Leave. (a) 5.1 For the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from commences on 1 December to 30 November in January of each calendar year. If the Temporary Worker commences or finishes a continuous period of Assignments during a leave year, leave will be calculated as a proportion of the leave year.
(b) 5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks 28 days paid leaveleave per complete leave year (inclusive of bank and public holidays). Any The Employment Business’ leave period is between 1st January and all 31st December. Subject to Clause 15.8, the Temporary Worker may be entitled to additional paid or unpaid leave in accordance with the Agency Workers Regulations 2010. In respect of the first 12 months of a continuous period of Assignments the entitlement to leave will accrue at the rate of 1/12 of the annual leave entitlement for each month worked. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next leave year.
(c) Entitlement to paid . For the avoidance of doubt, where any accrued leave under the Working Time Regulations 1998 accrues has not been taken in proportion to the number of normal working hours (i.e. those which do not attract overtime rates of pay) worked continuously by accordance with this Clause 5, the Temporary Worker on Assignment during hereby forfeits any outstanding amounts due. If at the leave year. end of a continuous period of Assignments, the Temporary Worker has been paid in respect of holiday taken in excess of his accrued holiday entitlement, the Temporary Worker shall repay to the Employment Business such holiday pay which has been paid but not accrued, and agrees that the Employment Business shall be entitled to deduct from any sums which may be owed to the Temporary Worker the amount of any holiday pay which is due to be repaid to the Employment Business pursuant to this Clause 5.2.
5.3 The amount of the payment to which the Temporary Worker is entitled in respect of such leave is calculated in accordance with and in proportion to the number of hours which he works on Assignment, and for each hour worked the Temporary Worker will accrue a holiday accrual of 12.07% of his hourly pay. The Temporary Worker shall be paid for such leave when taken, subject to sufficient holiday pay having accrued. Holiday leave can only be taken in full days.
(d) 5.4 Where the Temporary Worker wishes to take any leave s/to which he is entitled, he should notify the Employment Business in writing of the dates of his/her his intended absence. The amount of notice which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to twice the requirements length of the Clientperiod of leave that he wishes to take. If this Unless the Employment Business informs the Temporary Worker in writing that it is the case you will be notified as soon as possible. You will always be allowed not possible for him to take your full entitlement before leave on the end specified dates, the Temporary Worker shall be entitled to take his notified leave entitlement. For the avoidance of doubt, any leave to which the Temporary Worker is entitled should be taken outside of normal rest days. In respect of the yearfirst 12 months of a continuous period of Assignments, the Temporary Worker may only take such leave as has accrued in accordance with clause 5.2 above.
(e) 5.5 Where a Bank Holiday or other public holiday falls during an Assignment and the Temporary Worker does shall not work (unless required to do so by the Client) on that day, day and the Bank Holiday or other public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If . Where the Client has a closedown/shutdown and this falls during an Assignment, the Temporary Worker leaves shall not work on that day or days (unless required by the engagement Client to do so) and the closedown shall count as part of the Employment Business with an outstanding Temporary Worker’s paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/herannual leave entitlement.
(g) 5.6 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 2 contracts
Samples: Terms of Engagement, Terms of Engagement
Statutory Leave. (a) 5.1 For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the Employment Business leave year runs from 1 December to 30 November in each calendar yearcommences on the date that the Temporary Worker starts an Assignment.
(b) 5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks 4 weeks’ paid leaveleave per leave year. Any and all All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year.
(c) 5.3 Where a Temporary Worker wishes to take paid leave during the course of an assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that s/he wishes to take. In certain circumstances the Employment Business may give counter- notice to the Temporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances the Employment Business will inform the Temporary Worker in writing giving at least the same length of notice as the period of leave that has been requested.
5.4 Entitlement to paid payment for leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled will receive in respect of such periods of annual leave is taken during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which he works the Temporary Worker has worked on Assignment.
(d) Where 5.5 In the Temporary Worker wishes to take course of any Assignment during the first leave s/he should notify the Employment Business in writing of the dates of his/her intended absence. The amount of notice which year the Temporary Worker is required entitled to give should be request leave at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements rate of one-twelfth of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full Temporary Worker’s total holiday entitlement before the end in each month of the leave year.
(e) 5.6 Where a Bank Holiday holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall not count as part of the Temporary Worker’s paid annual leave entitlement, unless requested in writing.
(f) If 5.7 Where this contract is terminated by either party and a P45 is requested, the Temporary Worker leaves the engagement of the Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may shall be entitled be paid to a sum representing pay for payment in lieu of any untaken leave where the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement amount of the Employment Business having leave taken more is less than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/heramount accrued in accordance with clause 5.4 above.
(g) 5.8 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-self- employed worker.
Appears in 2 contracts
Samples: Contract for Services for Temporary Workers, Contract for Services for Temporary Workers
Statutory Leave. (a) 5.1 For the purposes purpose of calculating entitlement to leave under this the clause, the Employment Business leave year runs from 1 December to 30 November in each calendar yearcommences 1st January and ends 31st December.
(b) 5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks paid leaveleave per leave year. Any and all All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year.
(c) 5.3 Where a Temporary Worker wishes to take paid leave during the course of an Assignment he should notify the Employment Business of the dates of his intended absence giving notice of at least twice the length of the period of leave that he wishes to take. In certain circumstances the Employment Business may give counter-notice to the Temporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances the Employment Business will inform the Temporary Worker in writing giving at least the same length of notice as the period of leave that has been requested.
5.4 Entitlement to paid pay for leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. .The amount of the payment to which the Temporary Worker is entitled will receive in respect of such periods of annual leave is taken during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which he works he
5.5 Under the Agency Workers Regulations 2010, on Assignment.
completion of the Qualifying Period the Temporary Worker may be entitled to additional paid and/or unpaid leave (d“Additional Leave”) in addition to the Temporary Worker’s entitlement to leave provided for in this agreement. Where the Temporary Worker wishes becomes entitled to take leave s/he should notify Additional Leave, full details of this entitlement and the Employment Business in writing of the dates of his/her intended absence. The amount of notice date upon which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday this becomes due to the requirements of the Client. If this is the case you and how payment for such entitlement(s) accrues will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the year.
(e) Where a Bank Holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If the Temporary Worker leaves the engagement of the Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/herin writing.
(g) 5.6 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 1 contract
Samples: Terms of Engagement
Statutory Leave. (a) For 8.1. Entitlement to leave commences on the date that Temporary Worker starts an Assignment or a series of Assignments and for the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 commences on 1st January to 31st December to 30 November in each calendar yearfollowing.
(b) 8.2. Under the Working Time Regulations 1998, the Temporary Worker is entitled to the equivalent of 5.6 weeks’ paid leave per leave year including all bank holiday entitlements (equivalent to 28 days for those working a 5 day week). If the Assignment starts and/or ends during a leave year, Temporary Worker’s entitlement to paid leave in that year will be the 5.6 weeks paid leavemultiplied by the proportion of the leave year during which the Assignment has been ongoing. Any and all All entitlement to leave must be authorised in advance and will be taken during the course of the leave year in which it accrues and none may be carried forward to the next yearyear without the express, written agreement of Employment Business.
8.3. Employment Business will roll up Temporary Worker’s pay in respect of annual leave (c) Entitlement “holiday pay”), meaning that Employment Business will make payments of holiday pay to paid leave under the Working Time Regulations 1998 accrues in proportion to the number of normal working hours (i.e. those which do not attract overtime rates of pay) worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the each week (or other period when Temporary Worker is entitled paid in accordance with clause 7.2) in addition to Temporary Worker’s wages when Temporary Worker is on Assignment. These payments will be equivalent to 12.07% of Temporary Worker’s gross wages (disregarding holiday pay itself) and will be paid to Temporary Worker in addition to his/her wages. This is essentially a pre-payment in respect of paid leave. For the avoidance of doubt, when Temporary Worker takes annual leave, Temporary Worker will not receive any additional payment in respect of the leave actually taken, because payment for such leave is calculated has been paid in accordance with and in proportion advance. This payment will be identified separately on Temporary Worker’s payslip to clearly show the number amount of hours which he works on Assignmentholiday pay received.
(d) Where the 8.4. During an Assignment, if a Temporary Worker wishes to take leave paid leave, to which s/he is entitled, s/he should notify the Employment Business in writing of the dates of his/her intended absenceabsence giving notice of at least twice the length of the period of leave that s/he wishes to take. The amount of notice Employment Business may refuse a leave request for specific dates at any time before the first date to which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the yearrequest relates.
(e) 8.5. Where a Bank Holiday holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall will count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If the 8.6. Unless Temporary Worker leaves the engagement of the advises Employment Business with an outstanding paid otherwise, Employment Business will assume that when Temporary Worker is on Assignment that all working days when Temporary Worker does not work have been taken as holiday and will be treated as unpaid leave where Temporary Workers holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/herhas been used up.
(g) None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 1 contract
Samples: Engagement of Temporary Workers
Statutory Leave. (a) 9.1 The provisions of this clause 9 are subject to the AWR.
9.2 Under Working Time Regulations the TW is entitled to a statutory period of paid leave of 5.6 weeks per year. For calculating the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 December to 30 November in each calendar year.
(b) Under commences on the Working Time Regulations 1998, date the Temporary Worker is entitled to 5.6 weeks paid leaveTW starts an Assignment or a series of Assignments. Any and all All of the entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next leave year.
(c) Entitlement to paid leave under the Working Time Regulations 1998 . The entitlement accrues in proportion pro-rata to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) worked continuously by time the Temporary Worker on Assignment TW is engaged during the leave year. The For purposes of taking leave fractions may be rounded up in half days but payment will be based on the fraction due.
9.3 Normally the amount of the payment to which the Temporary Worker TW is entitled in respect of such paid leave is calculated at the daytime rate in accordance with and in proportion to the number of standard hours which he (not overtime) the TW works on AssignmentAssignments. If the standard hours vary during accrual period, paid leave entitlement will be calculated as an average of weekly payments for hours worked during the 12 week period prior to the week in which paid leave is taken.
(d) Where 9.4 At the Temporary Worker end of each month or when the TW wishes to take some or all of the paid leave s/he to which the TW is entitled, the TW should notify the Employment Business EB in writing in advance of the dates of his/her the TW’s intended absence. The amount of notice which the Temporary Worker is required to give should be at least 2 weekstwice the length of the period of leave that the TW wishes to take. Occasionally you In certain circumstances the EB may be asked to defer your holiday due give counter-notice to the requirements TW to postpone or reduce the amount of leave that the Client. If this is the case you will be notified as soon as possible. You will always be allowed TW wishes to take your full entitlement before and in such circumstances the end EB will inform the TW in writing giving at least the same length of notice as the year.
(e) Where a period of leave that has been requested. Public or Bank Holiday or other public holiday falls during an Assignment and Holidays not worked will not be paid unless the Temporary Worker does not work on TW notifies the EB that day, the Bank Holiday or other public holiday shall count he wishes to take them as part of the Temporary WorkerTW’s paid statutory annual leave entitlement.
(f) If 9.5 Where this contract is terminated by either party and a P45 issued, the Temporary Worker leaves the engagement TW is entitled to a payment in lieu of the Employment Business with an outstanding any untaken accrued paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/herleave.
(g) None 9.6 For the avoidance of doubt, none of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary WorkerTW’s status as a self-employed worker.
9.7 EB holiday year is January 1st to December 31st.
Appears in 1 contract
Statutory Leave. (a) For 8.1. Entitlement to leave commences on the date that Temporary Worker starts an Assignment or a series of Assignments and for the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 commences on 1st January to 31st December to 30 November in each calendar yearfollowing.
(b) 8.2. Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks paid leaveleave per leave year (equivalent to 28 days for those working a 5-day week). Any and all If the assignment starts and/or ends during a leave year, Temporary Worker’s entitlement to paid leave in that year will be the 5.6 weeks multiplied by the proportion of the leave year during which the assignment has been ongoing. All entitlement to leave must be authorised in advance and will be taken during the course of the leave year in which it accrues and none may be carried forward to the next yearyear without the express, written agreement of Employment Business.
(c) 8.3. Entitlement to paid payment for leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of such paid annual leave is calculated in accordance with with, and in proportion to to, the number of hours which s/he works on an Assignment. Any payments for leave will be calculated on the basis of rates paid during Client’s normal working hours (ie not including overtime).
(d) Where the 8.4. During an Assignment, if a Temporary Worker wishes to take leave paid leave, to which s/he is entitled, s/he should notify the Employment Business in writing of the dates of his/her intended absenceabsence giving notice of at least twice the length of the period of leave that s/he wishes to take. The amount of notice Employment Business may refuse a leave request for specific dates at any time before the first date to which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the yearrequest relates.
(e) 8.5. Where a Bank Holiday holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall will count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If the 8.6. Unless Temporary Worker leaves advises Employment Business otherwise, Employment Business will assume that when Temporary Worker is on Assignment that all working days when Temporary Worker does not work have been taken as holiday and will be treated as unpaid leave where Temporary Workers holiday entitlement has been used up.
8.7. At the engagement end of an Assignment, Employment Business will make a payment to Temporary Worker in respect of any accrued holiday entitlement that has arisen but has not been taken at the end of the Assignment.
8.8. Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid make a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted deduction from any final payment to the Temporary Worker and the balance (if any) will be paid to him/her.
(g) None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status final pay (and Temporary Worker hereby agrees to that deduction) for any holiday taken in excess of their entitlement, at the date of termination.
8.9. Following the Qualifying Period and where relevant in accordance with the AWR, Employment Business may vary clause 8.2 of this Agreement, as a self-employed workeris appropriate, and any such variation will be set out within an Assignment Schedule and issued to Temporary Worker.
Appears in 1 contract
Statutory Leave. (a) 5.1 For the purposes of calculating entitlement to paid annual leave pursuant to the Working Time Regulations 1998 under this clause, the Employment Business leave year runs from 1 December to 30 November in each calendar year.
(b) Under commences on the Working Time Regulations 1998, date that the Temporary Worker starts an Assignment or a series of Assignments.
5.2 The Temporary worker is entitled to 5.6 weeks 25 days, including Bank Holidays, paid leaveleave per year. Any and all All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year.
(c) 5.3 Where a Temporary Worker wishes to take paid leave during the course of an assignment s/he should notify KiddyKare of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that s/he wishes to take. In certain circumstances KiddyKare may give counter-notice to the Temporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances KiddyKare will inform the Temporary Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by.
5.4 Entitlement to paid payment for leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled will receive in respect of such periods of annual leave is taken during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which he works the Temporary Worker has worked on Assignment.
(d) Where 5.5 In the Temporary Worker wishes to take course of any Assignment during the first leave s/he should notify the Employment Business in writing of the dates of his/her intended absence. The amount of notice which year the Temporary Worker is required entitled to give should be request leave at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements rate of one-twelfth of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full Temporary Worker’s total entitlement before the end in each month of the leave year.
(e) 5.6 Where a Bank Holiday or other public holiday Public Holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday then that day shall count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If 5.7 Where this contract is terminated by either party and a P45 is requested, the Temporary Worker leaves the engagement of the Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may shall be entitled be paid to a sum representing pay for payment in lieu of any untaken leave where the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement amount of the Employment Business having leave taken more is less than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/heramount accrued in accordance with clause 5.4.
(g) 5.8 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 1 contract
Samples: Temporary Staff Contract
Statutory Leave. (a) For 8.1. Entitlement to leave commences on the date that Temporary Worker starts an Assignment or a series of Assignments and for the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 commences on 1st January to 31st December to 30 November in each calendar yearfollowing.
(b) 8.2. Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks paid leaveleave per leave year (equivalent to 28 days for those working a 5-day week). Any and all If the assignment starts and/or ends during a leave year, Temporary Worker’s entitlement to paid leave in that year will be the 5.6 weeks multiplied by the proportion of the leave year during which the assignment has been ongoing. All entitlement to leave must be authorised in advance and will be taken during the course of the leave year in which it accrues and none may be carried forward to the next year.
(c) 8.3. Entitlement to paid payment for leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of such paid annual leave is calculated in accordance with with, and in proportion to to, the number of hours which s/he works on an Assignment. Any payments for leave will be calculated on the basis of rates paid during Client’s normal working hours (ie not including overtime).
(d) Where the 8.4. During an Assignment, if a Temporary Worker wishes to take leave paid leave, to which s/he is entitled, s/he should notify the Employment Business in writing of the dates of his/her intended absenceabsence giving notice of at least twice the length of the period of leave that s/he wishes to take. The amount of notice Employment Business may refuse a leave request for specific dates at any time before the first date to which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the yearrequest relates.
(e) 8.5. Where a Bank Holiday holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall will count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If the 8.6. Unless Temporary Worker leaves advises Employment Business otherwise, Employment Business will assume that when Temporary Worker is on Assignment that all working days when Temporary Worker does not work have been taken as holiday and will be treated as unpaid leave where Temporary Workers holiday entitlement has been used up.
8.7. At the engagement end of an Assignment, Employment Business will make a payment to Temporary Worker in respect of any accrued holiday entitlement that has arisen but has not been taken at the end of the Assignment.
8.8. Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid make a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted deduction from any final payment to the Temporary Worker and the balance (if any) will be paid to him/her.
(g) None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status final pay (and Temporary Worker hereby agrees to that deduction) for any holiday taken in excess of their entitlement, at the date of termination.
8.9. Following the Qualifying Period and where relevant in accordance with the AWR, Employment Business may vary clause 8.2 of this Agreement, as a self-employed workeris appropriate, and any such variation will be set out within an Assignment Schedule and issued to Temporary Worker.
Appears in 1 contract
Statutory Leave. (a) 5.1 For the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from commences on 1 December to 30 November in January of each calendar year. If the Temporary Worker commences or finishes a continuous period of Assignments during a leave year, leave will be calculated as a proportion of the leave year.
(b) 5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks 28 days paid leaveleave per complete leave year (inclusive of bank and public holidays). Any The Employment Business’ leave period is between 1st January and all 31st December. Subject to Clause 15.8, the Temporary Worker may be entitled to additional paid or unpaid leave in accordance with the Agency Workers Regulations 2010. In respect of the first 12 months of a continuous period of Assignments the entitlement to leave will accrue at the rate of 1/12 of the annual leave entitlement for each month worked. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next leave year.
(c) Entitlement to paid . For the avoidance of doubt, where any accrued leave under the Working Time Regulations 1998 accrues has not been taken in proportion to the number of normal working hours (i.e. those which do not attract overtime rates of pay) worked continuously by accordance with this Clause 5, the Temporary Worker hereby forfeits any outstanding amounts due. If at the end of a continuous period of Assignments, the Temporary Worker has been paid in respect of holiday taken in excess of their accrued holiday entitlement, the Temporary Worker shall repay to the Employment Business such holiday pay which has been paid but not accrued, and agrees that the Employment Business shall be entitled to deduct from any sums which may be owed to the Temporary Worker the amount of any holiday pay which is due to be repaid to the Employment Business pursuant to this Clause 5.2. The Temporary Worker does not accrue annual leave when they are not working on Assignment during an assignment and on the termination of the Assignment, the Temporary Worker shall be paid their accrued entitlement to leave yearwith their final pay for the Assignment. Payment of accrued entitlement to annual leave shall be reflected in the Temporary Worker’s final payslip following termination of the Assignment.
5.3 The amount of the payment to which the Temporary Worker is entitled in respect of such leave is calculated in accordance with and in proportion to the number of hours which he works worked on Assignment.. The Temporary Worker shall be paid for such leave when taken, subject to sufficient holiday pay having accrued. Holiday leave can only be taken in full days.
(d) 5.4 Where the Temporary Worker wishes to take any leave s/he to which they are entitled, they should notify the Employment Business in writing of the dates of his/her their intended absence. The amount of notice which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to twice the requirements length of the Clientperiod of leave that they wish to take. If this Unless the Employment Business informs the Temporary Worker in writing that it is the case you will be notified as soon as possible. You will always be allowed not possible for them to take your full entitlement before leave on the end specified dates, the Temporary Worker shall be entitled to take their notified leave entitlement. For the avoidance of doubt, any leave to which the Temporary Worker is entitled should be taken outside of normal rest days. In respect of the yearfirst 12 months of a continuous period of Assignments, the Temporary Worker may only take such leave as has accrued in accordance with clause 5.2 above.
(e) 5.5 Where a Bank Holiday or other public holiday falls during an Assignment and the Temporary Worker does shall not work (unless required to do so by the Client) on that day, day and the Bank Holiday or other public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If . Where the Client has a closedown/shutdown and this falls during an Assignment, the Temporary Worker leaves shall not work on that day or days (unless required by the engagement Client to do so) and the closedown shall count as part of the Employment Business with Temporary Worker’s paid annual leave entitlement.
5.6 As an outstanding paid alternative to accrued holiday entitlement then s/he willpay, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid may elect to receive advanced holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to pay. Where the Temporary Worker and the balance (if any) will elects to receive advanced holiday pay, holiday pay shall be paid in the Temporary Worker’s weekly pay on account of their entitlement to him/herpaid leave under the Working Time Regulations 1998. Such advanced holiday pay shall constitute a pre-payment in respect of paid annual leave. For the avoidance of doubt, where the Temporary Worker elects to receive advanced holiday pay, the Temporary Worker acknowledges and agrees that they will not receive any additional payment when annual leave is taken, as payment for such leave having been paid in advance.
(g) 5.7 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 1 contract
Samples: Terms of Engagement
Statutory Leave. (a) 5.1 For the purposes purpose of calculating entitlement to leave under this the clause, the Employment Business leave year runs from 1 December to 30 November in each calendar yearcommences 1st January and ends 31st December.
(b) 5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks paid leaveleave per leave year. Any and all All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to
5.3 Where a Temporary Worker wishes to take paid leave during the course of an Assignment he should notify the Employment Business of the dates of his intended absence giving notice of at least twice the length of the period of leave that he wishes to take. In certain circumstances the Employment Business may give counter-notice to the next yearTemporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances the Employment Business will inform the Temporary Worker in writing giving at least the same length of notice as the period of leave that has been requested.
(c) 5.4 Entitlement to paid pay for leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. .The amount of the payment to which the Temporary Worker is entitled will receive in respect of such periods of annual leave is taken during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which he works he
5.5 Under the Agency Workers Regulations 2010, on Assignment.
completion of the Qualifying Period the Temporary Worker may be entitled to additional paid and/or unpaid leave (d“Additional Leave”) in addition to the Temporary Worker’s entitlement to leave provided for in this agreement. Where the Temporary Worker wishes becomes entitled to take leave s/he should notify Additional Leave, full details of this entitlement and the Employment Business in writing of the dates of his/her intended absence. The amount of notice date upon which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday this becomes due to the requirements of the Client. If this is the case you and how payment for such entitlement(s) accrues will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the year.
(e) Where a Bank Holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If the Temporary Worker leaves the engagement of the Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/herin writing.
(g) 5.6 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 1 contract
Samples: Terms of Engagement
Statutory Leave. (a) For 8.1. Entitlement to leave commences on the date that the Temporary Worker starts an Assignment or a series of Assignments and for the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 commences on 1st January to 31st December to 30 November in each calendar yearfollowing.
(b) 8.2. Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks paid leaveleave per leave year (equivalent to 28 days for those working a 5 day week). Any and all If the assignment starts and/or ends during a leave year, the Temporary Worker’s entitlement to paid leave in that year shall be the 5.6 weeks multiplied by the proportion of the leave year during which the assignment has been ongoing. All entitlement to leave must be authorised in advance and shall be taken during the course of the leave year in which it accrues and none may be carried forward to the next yearyear without the express, written agreement of the Employment Business.
(c) 8.3. Entitlement to paid payment for leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of such paid annual leave is calculated in accordance with with, and in proportion to to, the number of hours which s/he works on an Assignment. Any payments for leave will be calculated on the basis of rates paid during the Client’s normal working hours (i.e. not including overtime).
(d) Where the 8.4. During an Assignment, if a Temporary Worker wishes to take leave paid leave, to which s/he is entitled, s/he should notify the Employment Business in writing of the dates of his/her intended absenceabsence giving notice of at least twice the length of the period of leave that s/he wishes to take. The amount of notice Employment Business may refuse a leave request for specific dates at any time before the first date to which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the yearrequest relates.
(e) 8.5. Where a Bank Holiday holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If 8.6. Unless the Temporary Worker leaves advises the engagement of Company otherwise, the Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If Company shall assume that when the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to is on Assignment that all working days when the Temporary Worker does not work have been taken as holiday and shall be treated as unpaid leave where the balance (if any) will be paid to him/herTemporary Workers holiday entitlement has been used up.
(g) 8.7. None of the provisions of in this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
8.8. At the end of an Assignment, the Employment Business will make a payment to the Temporary Worker in respect of any accrued holiday entitlement that has arisen but has not been taken at the end of the Assignment.
8.9. The Employment Business may make a deduction from the Temporary Worker’s final pay (and the Temporary Worker hereby agrees to that deduction) for any holiday taken in excess of their entitlement, at the date of termination.
8.10. Following the Qualifying Period and where relevant in accordance with the AWR, the Employment Business may vary clause 8.2 of this Agreement, as is appropriate, and any such variation shall be set out within an Assignment Schedule and issued to the Temporary Worker.
Appears in 1 contract
Samples: Engagement of Temporary Workers
Statutory Leave. (a) 5.1. For the purposes purpose of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 December to 30 November in each calendar yearcommences on the date that the Temporary Worker starts an Assignment or a series of Assignments.
(b) Under the Working Time Regulations 1998, the 5.2. The Temporary Worker is entitled to paid annual leave according to the statutory minimum as provided by the Working Time Regulations from time to time. The current statutory entitlement to paid annual leave is 5.6 weeks paid leaveweeks. Any and all All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year.
(c) Entitlement 5.3. Under the AWR, on completion of the Qualifying Period the Temporary Worker may be entitled to paid and/or unpaid annual leave in addition to the Temporary Worker's entitlement to paid annual leave under the Working Time Regulations 1998 and in
5.4. Where a Temporary Worker wishes to take paid leave during the course of an Assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that s/he wishes to take. In certain circumstances the Employment Business may give counter-notice to the Temporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances the Employment Business will inform the Temporary Worker in writing giving at least the same length of notice as the period of leave that has been requested.
5.5. Entitlement to paid leave accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of such leave is calculated in accordance with and in proportion to the number of hours hours, which he works has worked on Assignment.
(d) Where 5.6. In the Temporary Worker wishes to take course of any Assignment during the first leave s/he should notify the Employment Business in writing of the dates of his/her intended absence. The amount of notice which year the Temporary Worker is required entitled to give should be request leave at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements rate of one- twelfth of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full Temporary Worker’s total holiday entitlement before the end in each month of the leave year.
(e) 5.7. Where a Bank Holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall count as part of the Temporary Worker’s 's paid annual leave entitlement.
(f) If 5.8. Where this contract is terminated by either party and a P45 is requested, the Temporary Worker leaves shall be entitled to a payment in lieu of any untaken leave where the engagement amount of leave taken is less than the amount accrued in accordance with clause 5.4 above
5.9. Where the Temporary Worker has taken more paid leave than he /she is entitled to take and has thus been paid in excess of entitlement, then the Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for reserves the paid holiday entitlement outstanding. If right and the Temporary Worker leaves agrees that it may deduct such excess from the engagement Temporary Worker's pay at any time and/or particularly at the time of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then making a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to himat termination of his/her.her engagement
(g) 5.10. None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 1 contract
Statutory Leave. (a) For 8.1. Entitlement to leave commences on the date that the Temporary Worker starts an Assignment or a series of Assignments and for the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 commences on 1st January to 31st December to 30 November in each calendar yearfollowing.
(b) 8.2. Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks paid leaveleave per leave year (equivalent to 28 days for those working a 5-day week). Any and all If the assignment starts and/or ends during a leave year, the Temporary Worker’s entitlement to paid leave in that year will be the 5.6 weeks multiplied by the proportion of the leave year during which the assignment has been ongoing. All entitlement to leave must be authorised in advance and will be taken during the course of the leave year in which it accrues and none may be carried forward to the next yearyear without the express, written agreement of the Employment Business.
(c) 8.3. Entitlement to paid payment for leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of such paid annual leave is calculated in accordance with with, and in proportion to to, the number of hours which s/he works on an Assignment. Any payments for leave will be calculated on the basis of rates paid during the Client’s normal working hours (ie not including overtime).
(d) Where the 8.4. During an Assignment, if a Temporary Worker wishes to take leave paid leave, to which s/he is entitled, s/he should notify the Employment Business in writing of the dates of his/her intended absenceabsence giving notice of at least twice the length of the period of leave that s/he wishes to take. The amount of notice Employment Business may refuse a leave request for specific dates at any time before the first date to which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the yearrequest relates.
(e) 8.5. Where a Bank Holiday holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall will count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If 8.6. Unless the Temporary Worker leaves the engagement of advises the Employment Business with an outstanding paid holiday entitlement then s/he willotherwise, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If Employment Business will assume that when the Temporary Worker leaves is on the engagement Assignment that all working days when the Temporary Worker does not work have been taken as holiday and will be treated as unpaid leave where the Temporary Workers holiday entitlement has been used up.
8.7. At the end of an Assignment, the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then will make a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and in respect of any accrued holiday entitlement that has arisen but has not been taken at the balance (if any) will be paid to him/herend of the Assignment.
(g) None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect 8.8. The Employment Business may make a deduction from the Temporary Worker’s status final pay (and the Temporary Worker hereby agrees to that deduction) for any holiday taken in excess of their entitlement, at the date of termination.
8.9. Following the Qualifying Period and where relevant in accordance with the AWR, the Employment Business may vary clause 8.2 of this Agreement, as a self-employed workeris appropriate, and any such variation will be set out within an Assignment Schedule and issued to the Temporary Worker.
Appears in 1 contract
Samples: Engagement Agreement
Statutory Leave. (a) 5.1 For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the Employment Business leave year runs from 1 December to 30 November in each calendar yearcommences on 1st January.
(b) 5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks 28 days paid leaveleave per leave year (pro rata). Any and all All entitlement to paid annual leave must be taken during the course of the leave year in which it accrues and none accrues. None may be carried forward to the next year and none will be paid in lieu. The Temporary Worker is responsible for ensuring that all paid annual leave is requested and taken within the leave year.
(c) 5.3 Where a Temporary Worker wishes to take paid leave during the course of an Assignment they should notify the Employment Business of the dates of their intended absence giving notice of at least two weeks. In certain circumstances the Employment Business may give counter-notice to the Temporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances the Employment Business will inform the Temporary Worker in writing giving at least the same length of notice as the period of leave that has been requested.
5.4 Entitlement to paid leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. The amount which the Temporary Worker will receive in respect of periods of paid annual leave will be calculated based on the payment to which average pay received over the previous 12 weeks.
5.5 In the course of any Assignment during the leave year the Temporary Worker is entitled in respect of such to request paid annual leave is calculated in accordance with and in proportion to the number of hours which he works on Assignmentextent that it has been accrued and it will be paid in half day increments.
(d) Where the Temporary Worker wishes to take leave s/he should notify the Employment Business in writing of the dates of his/her intended absence. The amount of notice which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the year.
(e) 5.6 Where a Bank Holiday holiday or other public holiday falls during an Assignment and the Temporary Worker does has not work on worked and wishes to be paid annual leave for that day, the Bank Holiday or other Temporary Worker will need to request it in accordance with 5.3 above and subject to the Temporary Worker having accrued entitlement to paid leave, the public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If 5.7 Where this contract is terminated by either party and a P45 is requested, the Temporary Worker leaves the engagement of the Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may shall be entitled be paid to and should request a sum representing pay for payment in lieu of any untaken leave where the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement amount of the Employment Business having leave taken more is less than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/heramount accrued.
(g) 5.8 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 1 contract
Samples: Temporary Worker Agreement
Statutory Leave. (a) For the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 December to 30 November in each calendar year.
(b) 4.1 Under the Working Time Regulations 1998, the Temporary Worker is entitled pro-rata to 5.6 weeks 28 days’ paid leave. Any leave per annum (inclusive of bank and all public holidays, where the Temporary Worker is permitted to take such holidays).
4.2 All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year. (The leave year of the Employment Business runs from 1 April to 31 March.) Failure to take any holidays by the end of the year in which the entitlement arises will result in such outstanding holiday being forfeited
4.3 The Temporary Worker’s basic hourly rate of pay (as notified to the Temporary Worker in the Confirmation of Assignment Letter from time to time) includes an additional sum by way of rolled-up holiday pay. This additional holiday pay sum represents 12.07% of the Temporary Worker’s basic hourly rate of pay. In this way, the Temporary Worker is paid for holiday in advance. The Employment Business sets off any such payment made in advance against any entitlement to paid holiday which arises either during the course of, or on termination of, the relevant Assignment. For the avoidance of doubt, the Temporary Worker will receive no further payment during any holiday period, in lieu of untaken holiday or on termination of the relevant Assignment, it being acknowledged and agreed that he/she has received full holiday pay in advance.
(c) Entitlement 4.4 The right to paid leave under the Working Time Regulations 1998 holiday accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on the relevant Assignment during the leave holiday year. The amount of the payment to which the Temporary Worker is entitled in respect may not take more holiday leave than has accrued to him/her at the time of such leave is calculated in accordance with and in proportion to the number of hours which he works on Assignmentholiday.
(d) Where the 4.5 A Temporary Worker who wishes to take any leave s/to which he should notify or she is entitled, must give the Employment Business at least two weeks’ notice in writing of the dates of his/his or her intended absence. The amount of notice which Unless the Employment Business informs the Temporary Worker in writing that it is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements of the Client. If this is the case you will be notified as soon as possible. You will always be allowed not permitted for him/her to take your full entitlement before leave on the end of the year.
(e) Where a Bank Holiday or other public holiday falls during an Assignment and specified dates, the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall count as part of the Temporary Worker’s paid annual be entitled to take up such notified leave entitlement.
(f) If the Temporary Worker leaves the engagement of the Employment Business with an outstanding paid holiday entitlement then s/he will, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If the Temporary Worker leaves the engagement of the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and the balance (if any) will be paid to him/her.
(g) 4.6 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
Appears in 1 contract
Statutory Leave. (a) For 8.1. Entitlement to leave commences on the date that the Temporary Worker starts an Assignment or a series of Assignments and for the purposes of calculating entitlement to leave under this clause, the Employment Business leave year runs from 1 commences on 1st January to 31st December to 30 November in each calendar yearfollowing.
(b) 8.2. Under the Working Time Regulations 1998, the Temporary Worker is entitled to 5.6 weeks paid leaveleave per leave year (equivalent to 28 days for those working a 5-day week). Any and all If the assignment starts and/or ends during a leave year, the Temporary Worker’s entitlement to paid leave in that year will be the 5.6 weeks multiplied by the proportion of the leave year during which the assignment has been ongoing. All entitlement to leave must be authorised in advance and will be taken during the course of the leave year in which it accrues and none may be carried forward to the next yearyear without the express, written agreement of the Employment Business.
(c) 8.3. Entitlement to paid payment for leave under the Working Time Regulations 1998 accrues in proportion to the number amount of normal working hours (i.e. those which do not attract overtime rates of pay) time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of such paid annual leave is calculated in accordance with with, and in proportion to to, the number of hours which s/he works on an Assignment. Any payments for leave will be calculated on the basis of rates paid during the Client’s normal working hours (ie not including overtime).
(d) Where the 8.4. During an Assignment, if a Temporary Worker wishes to take leave paid leave, to which s/he is entitled, s/he should notify the Employment Business in writing of the dates of his/her intended absenceabsence giving notice of at least twice the length of the period of leave that s/he wishes to take. The amount of notice Employment Business may refuse a leave request for specific dates at any time before the first date to which the Temporary Worker is required to give should be at least 2 weeks. Occasionally you may be asked to defer your holiday due to the requirements of the Client. If this is the case you will be notified as soon as possible. You will always be allowed to take your full entitlement before the end of the yearrequest relates.
(e) 8.5. Where a Bank Holiday holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the Bank Holiday or other public holiday shall will count as part of the Temporary Worker’s paid annual leave entitlement.
(f) If 8.6. Unless the Temporary Worker leaves the engagement of advises the Employment Business with an outstanding paid holiday entitlement then s/he willotherwise, in addition to any other sums to which s/he may be entitled be paid a sum representing pay for the paid holiday entitlement outstanding. If Employment Business will assume that when the Temporary Worker leaves is on Assignment that all working days when the engagement Temporary Worker does not work have been taken as holiday and will be treated as unpaid leave where the Temporary Workers holiday entitlement has been used up.
8.7. At the end of an Assignment, the Employment Business having taken more than the accumulated paid holiday entitlement for the current holiday year then will make a sum equivalent to pay for the additional paid holiday taken will be deducted from any final payment to the Temporary Worker and in respect of any accrued holiday entitlement that has arisen but has not been taken at the balance (if any) will be paid to him/herend of the Assignment.
(g) None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect 8.8. The Employment Business may make a deduction from the Temporary Worker’s status final pay (and the Temporary Worker hereby agrees to that deduction) for any holiday taken in excess of their entitlement, at the date of termination.
8.9. Following the Qualifying Period and where relevant in accordance with the AWR, the Employment Business may vary clause 8.2 of this Agreement, as a self-employed workeris appropriate, and any such variation will be set out within an Assignment Schedule and issued to the Temporary Worker.
Appears in 1 contract
Samples: Engagement Agreement