TERMS OF ENGAGEMENT
Section 1 1. DEFINITIONS
*1.1. In these Terms of Engagement the following definitions will apply: – “The Agency” means Pomba Girls “You” means the Temporary Worker “Assignment” means the period during which you are supplied to render services to the Client; “Client” means the person, firm or corporate body requiring the services of you together with any subsidiary or associated company as defined by the Companies Act 1985; “Relevant Period” means the longer period of either 14 weeks from the first day you worked for the Client or 8 weeks from the day after you were last supplied by the Agency to the Client. “Time of Booking” means the date on which you receive written confirmation from the Agency of the requirement for you to provide services to a client 1.2. Unless the context otherwise requires, references to the singular include the plural.
1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
Section 2. THE CONTRACT
2.1 These terms constitute a contract for services between you and the Agency and they govern all assignments undertaken by you on behalf of the Agency. They will be deemed to have been accepted by you each time you accept a booking for an Assignment. However, no contract shall exist between you and the Agency between assignments.
2.2 For the avoidance of doubt, these Terms shall not give rise to a contract of employment between you and the Agency. You warrant and represent to the Agency that you are an independent self employed worker, and you are engaged by the Agency as a self-employed worker, although the Agency is required to make statutory deductions from your remuneration in accordance with clause 4.5 of these terms.
2.3 No variation or alteration of these Terms shall be valid unless the details of such variation are agreed between you and the Agency and set out in writing and a copy of the varied terms is given to you stating the date on or after which such varied terms shall apply.
Section 3. ASSIGNMENTS
3.1 The Agency is not obliged to find suitable work for you and suitability for an assignment shall be determined solely by the Agency. Equally, you are not under any obligation to accept any assignment offered to you by the Agency.
3.2 You acknowledge that the nature of temporary work means that there may be periods when no suitable work is available and agree that:
3.2.1 the suitability of the work to be offered shall be determined solely by the Agency;
3.2.2 the Agency shall incur no liability to you should it fail to offer opportunities to work in the above categories or in any other category; and
3.2.3 no contract shall exist between you and the Agency during periods when you are not working on an Assignment.
3.3 At the same time as an Assignment is offered to you the Agency shall inform you of the identity of the Client, and if applicable, the nature of their business, the date the work is to commence and the duration or likely duration of the work, the type of work, location and hours during which you would be required to work, the rate of remuneration that will be paid and any expenses payable by or to the you, and any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent to control such risks. In addition the Agency shall inform you what experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are required by law to work on the Assignment.
3.4 Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or bank holiday) following save where you are being offered an Assignment in the same position as one in which you had previously been supplied within the previous five business days and such information has already been given to you.
3.5 For the purpose of calculating the average number of weekly hours worked by you on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be the date on which you commence the first Assignment.
Section 4. REMUNERATION
4.1 Fees for your services will be agreed and confirmed in writing on a per Assignment basis at the Time of Booking. The Agency does not apply a fixed rate as each Assignment requires different levels of input and hours. Rates are confidential between you and the Agency and are subject to the obligations of confidentiality contained in clause 8 of these Terms.
4.2 For the avoidance of doubt, such rate shall include an element in respect of the holiday pay to which you are entitled under the Working Time Regulations 1998. This rate will be 12.07% of pay. The exact amount shall be notified to you in writing at the Time of Booking. These amounts are gross amounts and are subject to Tax and NI at the normal rates.
4.3 Payment will include all work performed on activities completed from the 1st day of the previous month up to the last day of that month. For example, any work completed in the month of April will be paid at the end of May. Payment will be made directly to your bank account if provide the Agency with your correct current bank details. You MUST inform the Agency if your bank details change.
4.4 Subject to any statutory entitlement under the relevant legislation, you are not entitled to receive payment from the Agency or Clients for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
4.5 Should your Assignment be terminated prematurely by reason of the Client’s instruction, for example that you be removed from their premises, you will not be entitled to payment for the balance of the unworked hours or days of the Assignment. You will only be entitled to payment for the hours actually worked.
4.6 Payment will be made monthly in arrears on the last working day of each month subject to deductions in respect of PAYE pursuant to Section 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions and any other deductions which the Agency may be required to make by law.
4.7 You must complete a P46 or P38S form (whichever is applicable) to receive payment. The Agency is required to treat students under PAYE status throughout the year. The only exception to this is between July 1st and August 31st and then ONLY if a P38S form supported by a signed and stamped letter on University/College letterhead, detailing term dates, is provided to the Agency each year. You agree to indemnify the Agency in respect of all and any income tax and national insurance contributions which may be found due from the Agency on any payments made to you under these Terms together with any interest, penalties or gross-up thereon. In addition
4.8 For the avoidance of doubt there is no pension scheme available to you.
5. STATUTORY LEAVE
5.1 For the purpose of calculating entitlement to paid annual leave pursuant to the Working Time Regulations 1998 under this clause, the leave year commences on the date that you start an Assignment.
5.2 Under the Working Time Regulations 1998, you are entitled to 5.6 weeks (inclusive of bank and public holidays) paid leave per year pro rata to hours 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 year.
5.3 Paid leave may only be taken during the course of an Assignment if it is expressly agreed with the Agency at least 7 days in advance. The Agency shall be entitled to withhold such agreement for the period of your assignment or reduce the amount of leave that you wish to take.
5.4 If your assignment lasts more than 48 weeks you shall be entitled to take accrued untaken holiday at the beginning of the 47th week. During the period of your assignment any days that you are not required to work (other than travel/set-up days) shall at the Agency’s request be deemed to be holiday.
5.5 Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by you on Assignment during the leave year. Payments for annual leave will be calculated on the basis of the rates paid during the Assignment.
5.6 Where the contract is terminated by either party and a P45 is requested, you shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with clause 5.2 above.
5.7 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect your status as a self-employed worker.
6. SICKNESS & EMERGENCIES
6.1 In the event that you are unable to attend an assignment you are contracted to perform you must notify the Agency and / or your Event Manager immediately.
6.2 Should you be able to provide a suitable replacement yourself, you must first discuss this with your Booker at the Agency. Otherwise, the Agency will take the appropriate action.
6.3 Please respect the fact that finding a replacement for you is not an easy task at short notice and we would ask for as much advanced warning as possible. Normal office hours are Monday to Friday 8:30am-6pm.
6.4 You may be eligible for Statutory Sick Pay provided that you meet the relevant statutory criteria.
6.5 For the purpose of the Statutory Sick Pay Scheme there is one qualifying day per week during the course of an assignment and that qualifying day shall be the Wednesday in every week.
7.1 You will be paid a set amount, agreed at the time of booking for any time traveled over 3 hours. For every hour over this, will incur additional payment.
7.2 You are expected to cover your own cost of travel to and from assignments. There may be certain occasions when you will be reimbursed your travel expenses or they are paid for beforehand, but this will always be agreed with you prior to the booking and confirmed in writing. All expenses must be supported by relevant receipts and must be returned to the Agency within five working days following your Assignment. Only original receipts will be accepted – not copies or visa slips. If travel receipts are not received within the required time period the Agency will be unable to claim them from the Client and hence will be unable to reimburse you.
8. CONDUCT OF ASSIGNMENTS
8.1 You are not obliged to accept any Assignment offered by the Agency but if you do so, during every Assignment and afterwards where appropriate, you will:
8.1.1. Use all reasonable skill and care whilst working on the Assignment
8.1.2. Carry out the services in an expert, diligent and professional manner and to the best of your ability
8.1.3. Cooperate with the Client’s and the Agency’s reasonable instructions and accept the direction, supervision instruction and control of any responsible person in the Agency or the Client’s organisation
8.1.4. Observe and conform to the Client’s rules and regulations and standards of work in practice to which attention has been drawn or which you might reasonably be expected to ascertain.
8.1.5. Take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by your actions on the Assignment and comply with the Health and Safety Policies and procedures of the Client, including the wearing and use of Personal Protective Equipment as instructed.
8.1.6. Promptly notify the Agency (NOT the Client) if you are unable to attend any assignment for any reason
8.1.7. Not engage in any conduct detrimental to the interests of the Client or the Agency.
8.1.8. Not, whether during the currency of this agreement or at any time after the termination thereof, divulge any information to any person relating to the Agency’s private affairs, clients, business or method of carrying on business
8.1.9. Not at any time divulge to any person nor use for your own or any other person’s benefit, any trade secrets or any other confidential information of the Agency or a Client to whom you have been assigned to work and which relates to their respective employees, agents, clients, customers, suppliers, business affairs or finances that is not in the public domain.
8.2 If you are unable for any reason to attend work during the course of an Assignment you should inform the Agency (NOT the Client) within one hour of the commencement time of the Assignment.
8.3 If you believe there is a problem with an assignment please contact the Agency representative to discuss the matter. Please do not discuss the matter with the Client.
8.4 If, either before or during the course of an Assignment, you become aware of any reason why you may not be suitable for an Assignment, you shall notify the Agency without delay.
9.1 The Agency expects all representatives to be immaculately turned out at all times. No jewellery should be worn unless specified; hair should always be clean and tidy, and tied back if long, makeup should be discreet and if a uniform is not provided then clothes should be clean and freshly ironed for every assignment. Men must be clean-shaven.
9.2 Please note that no eating, smoking or the consumption of alcohol should be undertaken during any assignment. If you are on your scheduled break and wish to eat, have a soft drink or smoke please ensure you remove any branded uniform first.
10.1 In most cases a rota will be sent to you with break times. If it is not, then it is up to you to agree a time with your event manager when you can take your break and for how long. You must not be late back and when the scheduled break is over you must be in uniform and ready to work.
10.2 In most cases you are allowed a 1 hour break within every 6 hours. Otherwise the following is applied to Bearded Kitten performers:
A ‘Premium Brand Ambassador’ is entitled to a rest break of at least 30 continuous uninterrupted minutes for every 6 hours worked, to be taken at some point during that shift.