The Consultant:(OPERATION CHEF CONSULTANT LTD)
The Client: (Person/s or business requesting our services)
Employment Status and Invoicing for Permanent Recruitment
1 – Full-time Introduction Fees
1.1 The direct engagement by a Client of a Temporary/Freelance/Full-time/Permanent Worker introduced by the Consultant , whether the position is internally or externally advertised renders the Client subject to payment of an introduction fee calculated in accordance with the accompanying scale of fees for permanent introduction at 10% of the Worker’s gross annual salary.
1.2 This incorporates the possibility of engagement of a Worker by the Client directly or through a third party, within a period of 12 months from the termination of the Assignment under which the Worker was last supplied to the Client by the Consultant.
1.3 The Client failing to inform the Consultant that the Client has engaged or hired a Worker that had been previously been introduced by the Consultant within the 12 month period outlined in Clause 1.2 will render the Client liable to pay an introductory fee void of all refund and payback clauses.
1.3.1 The introductory fee is equal to 10% of the Worker’s gross annual salary.
1.4 VAT is payable in addition to any fee due.
1.5 All fees must be paid by the client in full within 3 working days or on negotiated terms set out by the Consultant and agreed by the Client.
1.5.1 This includes if the Client breaches the agreed terms and conditions.
2 – Liability
2.1 Whilst every effort is made by the Consultant to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from the Temporary/Freelance/Full-time/Permanent Worker introduced, and to provide Workers in accordance with the Client’s booking details, the Consultant is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary/Freelance/Full-time/Permanent Workers for all or part of the period of the assignment, or from the negligence, dishonesty, misconduct or lack of skill of a Worker. For the avoidance of doubt, the Consultant does not exclude liability for death or personal injury arising from its own negligence, but all other warranties whether statutory or otherwise are excluded to the full extent allowed by law.
3 – Refunds and Paybacks for permanent recruited workers.
3.1 In the unlikely event that either party are not happy the following sliding scale of refunds applies:
Up to 4 weeks 50 % refund and the chance to find a replacement worker that is agreed upon by yourself.
5-6 weeks 25 % refund 7-8 weeks 20 % refund 9-12 weeks 10% refund
3.2 The Client will also comply in all respects with all statutes including, without limitation, the Working Time Regulations, byelaws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff (excluding the matters specifically mentioned in Section 2 above), including in particular, the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary/Freelance/Full-time Workers during all Assignments. The Client shall also advise the Consultant of any special health and safety matters about which the Consultant is required to inform the Workers of. The Client will assist the Consultant in complying with the Consultant’s duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Consultant and the Client will not do anything to cause the Consultant to be in breach of its obligations under these regulations. Where the Client requires the service of a Temporary/Freelance Worker for more than 48 hours in any week, the Client must notify the Consultant of this requirement before the commencement of that week.
3.3 The Client shall indemnify and keep indemnified the Consultant against any losses, damages of claims arising out of a non-compliance by the Client with Clause 3.2 and or as a result of any breach of these Terms by the Client.
3.4 The Consultant does not take any responsibility if a Temporary/Freelance/Full-time/Permanent Worker introduced leaves the job because of the behaviour of the any of the Client’s staff, Managers or Owners. No refunds will be issued in the event of a worker leaving the job due to mistreatment, the misselling of job roles, misleading job descriptions, or unacceptable behaviour toward a worker. If the Temporary/Freelance/Full-time/ Permanent Worker is mistreated, verbally or physically abused by any member of the Client’s team or are asked to undertake tasks that are unreasonable to the position, and this mistreatment leads to the termination of that Worker’s contract, the client is liable to pay the remainder of that full invoice direct to the Consultant.
4 – Termination
4.1 The Client undertakes the responsibility to supervise the Temporary/Freelance/Full-time Worker sufficiently to ensure the Client’s satisfaction with a Temporary/Freelance/Full-time Worker’s standards of workmanship. If the Client reasonably considers that the services of a Temporary/Freelance/Full-time Worker are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary/Freelance/Full-time to leave the Assignment immediately, or by directing the Consultant to remove the Temporary/Freelance/Full-time Worker. The Consultant may discretionally in such circumstances reduce or cancel the charges for the time worked by that Temporary/Freelance/Full-time Worker, provided that the Assignment terminates:
4.1.1 within four hours of the Temporary/Freelance/Full-time Worker commencing the Assignment where the booking is for more than six hours
4.1.2 within 24 hours of bookings for six hours or less.
4.2 If the Client wishes to terminate the contract of the Consultant, 14 days’ notice is required or full payment of two weeks’ wages per Worker, to be paid directly to the Consultant without dispute with the terms of payment as outlined in Section 3, 3 days from receipt of invoice.
4.3 The Client, Consultant or Temporary/Freelance/Full-time Worker may terminate an Assignment at any time without prior notice and without liability.
4.4 The Client shall notify the Consultant immediately and without delay and in any event within 24 hours if a Temporary/Freelance/Full-time Worker fails to attend work or notifies the Client that they are unable to attend work for any reason.