For PAYE Contractors please refer to section 1
For Limited Company Contractors please refer to section 2
SECTION 1: PAYE/ Employee Contract Terms
THIS AGREEMENT is made on the «Date»
Between KEYMAN PERSONNEL having its registered office at Green Dragon House, 64-70 High Street, Croydon, CR0 9XN (hereinafter called “the company”) of the one part and
«First_Name» «Last_Name»
Of «Address_Line_1»
(hereinafter called “the Contractor”) of the other part
WHEREAS the Company is an employment business for the purpose of the Employment Agencies Act 1973 and through its agency has arranged or will from time to time be arranging for the Contractor temporary work as a «Job_Title» of the nature at the location and for those clients particulars of which will be given to the Contractor at the commencement of each engagement and the Contractor has agreed to provide his services as a «Job_Title»
(hereinafter called “the Services”) upon the terms hereinafter contained
NOW IT IS HEREBY AGREED as follows:-
1.
The Contractor will provide the services as aforesaid in accordance with the standards and methods to be expected of a competent «Job_Title» or such particular methods as may be necessary to carry out the services as directed by the client (meaning in this Agreement the client notified to the Contractor at the commencement of each engagement) and shall work such hours as requested by the client or his duly authorised agent
2.
(a) The Company will pay the Contractor for the services the hourly/daily/weekly/monthly rate of £«Rate»per hour inclusive of holiday pay, all traveling and other expenses for the provision of the services
(b) The Contractor shall deliver to the Company, at the end of each week, a time sheet duly completed to indicate the number of hours worked during the preceding week and signed by an authorized representative of the client. Subject to clause 2. (c) the Company shall pay the Contractor for all hours worked, provided that the Contractor has adhered to these terms, regardless of whether the Company has received full payment from the client for those hours.
(c) Where the Contractor fails to submit a properly authenticated time sheet the Company shall in a timely fashion, conduct further investigations into the hours claimed by the Contractor and the reasons that the client has refused to sign a timesheet in respect of those hours. This may delay payment to the Contractor. The Company shall make no payment for hours not worked.
(d) For the avoidance of doubt and for the purposes of the Working Time Regulations, the Contractor's working time shall only consist of those periods during which he/she is carrying out activities or duties of the client as part of the assignment. Time spent traveling to the client's premises, lunch breaks and other rest breaks shall not count as part of the Contractor's working time for these purposes.
(e) An allowance of ………N/A…………..per mile will be paid to the Contractor in the event of the Contractor using his own transport on the site where the services are being performed at the request of the client Provided that such mileage is certified on the weekly time sheet by the client or his duly authorised site representative
3. The Company will be responsible for and entitled to all moneys received from or payable by the client or resulting from the invoicing of the client by the Company at the rates agreed between the Company and the client. The Contractor shall not be entitled to receive any moneys or other benefits from the client and shall immediately account to the company for any moneys or benefits so received
4. The Contractor shall not without the consent of the Company provide services of the nature covered by this contract for any third party other than the client while this contract is in force
5. The Contractor shall not divulge to any person or party without the permission of the Company in writing first any confidential information obtained concerning the business of the Company or the client
6. The Contractor shall not on behalf of himself or any third party canvass or solicit orders or contracts from or with any person or party having a contract for services with the Company
7. The Contractor shall be self-employed and shall at all relevant times while executing the services act and be deemed to act under the control and supervision of the client and not of the Company. The Contractor shall indemnify the Company in respect of any loss or liability of whatsoever nature or amount arising from the failure of the contractor to execute the services in accordance with the standards of practice and methods reasonably to be expected of a competent and careful «Job_Title».
8. Notwithstanding that the Contractor is self-employed all payments to the Contractor under Clause 2 hereof will be subject to the following deductions in compliance with Section 38 of The Finance (Number 2) Act 1975 or any statutory re-enactment or modification thereof namely
a) Income Tax so as to comply with Schedule E requirements; and The National Insurance contributions for the time being
Provided that if the Contractor is classified by the Inland Revenue as an exempt person within the context of Section 69 (2) of the said Act or any statutory re-enactment or modification thereof and produces evidence of such exemption to the Company then no such deductions as aforesaid shall be made by the Company and the Contractor shall be responsible for and shall indemnify the Company in respect of the Income Tax and National Insurance contributions relating to any payments made to him under this contract and Provided Further that no deductions in respect of Income Tax and National Insurance contributions will be made by the Company in the event of the Contractor being a Company incorporated under the Companies Act 1948 to 1980 Subject to compliance with the requirements set out in the schedule hereto
9. The contractor is entitled to 20 days paid leave during the calendar year. 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. Entitlement to leave accrues in proportion to the amount of time worked continuously by the contractor on assignment during the leave year. Payments in respect of the entitlement to paid leave shall be made as part of the contractor’s hourly rate for periods worked. No further payments shall be due or made to the contractor for any periods of annual leave. Where the contractor wishes to take any leave to which he is entitled, he should notify the company as early as possible of the dates of his intended absence. The minimum amount of notice which is required to give is twice the length of the period of leave that he wishes to take. The company will make every effort to obtain the approval of the Client for the intended absence or to find a replacement worker. The contractor will not take the leave until the company has given its approval which shall not be unreasonably withheld.
10. The contractor may terminate an Assignment or this contract at any time on seven [7] days written prior notice served to Keyman and on the other party without liability.
Keyman may terminate this contract forthwith by notice if the Client becomes bankrupt or has a receiving order or administration order made against it or is put into liquidation.
Either party may terminate this contract forthwith without notice, should the other party be materially in breach of its terms and commit any other breach, not being material and fail to put right such breach, if such breach can be remedied with 30 days of the date of a written notice to put it right.
11. The contractor shall inform Keyman prior to the commencement of a week if they intend to work for more than 48 hours in that week.
IN WITNESS whereof this Agreement has been signed by each of the parties hereto or in the case of a Company by a duly authorised agent thereof
THE SCHEDULE
Requirements applying in the case of a Contractor being a Company incorporated under the Companies Act 1948 to 1980
1. The Contractor shall produce its certificate of incorporation to the Company
2. The Contractor shall produce a valid tax certificate (Form 714c or any statutory substitute therefore)
3. The Contractor shall furnish the Company with a certificate signed by a director of the Contractor that the operative used by the Contractor to carry out the scheduled services is an employee of the Contractor and containing an undertaking that all payments made by the Contractor to the operative will comply with all statutes for the time being in force relating to Income Tax and National Insurance contributions.
4. Cheques issued by the Company in payment for the scheduled services will be made payable to the Contractor.
SECTION 2: Limited Company Contract Terms
THIS AGREEMENT is made on the «Date»
Between KEYMAN PERSONNEL having its registered office at Green Dragon House, 64-70 High Street, Croydon, Surrey, CR0 9XN (hereinafter called “the company”) of the one part and
«Company_Name»
Of:«Address_Line_1»
(hereinafter called “the Contractor”)
of the other part
WHEREAS the Company is an employment business for the purpose of the Employment Agencies Act
1973 and through its agency has arranged or will from time to time be arranging for the Contractor
temporary work as a «Job_Title» of the nature at the location and for those clients particulars of which will be given to the Contractor at the commencement of each engagement and the Contractor has agreed to provide his services as a «Job_Title» («Candidate_name»).
(hereinafter called “the Services”) upon the terms hereinafter contained
NOW IT IS HEREBY AGREED as follows:-
1. The Contractor will provide the services as aforesaid in accordance with the standards and
methods to be expected of a competent «Job_Title» or such particular methods as may be necessary to carry out the services as directed by the client (meaning in this Agreement the client notified to the Contractor at the commencement of each engagement) and shall work such hours as requested by the client or his duly authorized agent
2.
(a) The Company will pay the Contractor for the services the hourly/daily/weekly/monthly rate of £«Rate» inclusive of /plus all travelling and other expenses for the provision of the services
(b) The Contractor shall deliver to the Company, at the end of each week, a time sheet duly completed to indicate the number of hours worked during the preceding week and signed by an authorized representative of the client. Subject to clause 2. (c) the Company shall pay the Contractor for all hours worked, provided that the Contractor has adhered to these terms, regardless of whether the Company has received full payment from the client for those hours.
(c) Where the Contractor fails to submit a properly authenticated time sheet the Company shall in a timely fashion, conduct further investigations into the hours claimed by the Contractor and the reasons that the client has refused to sign a timesheet in respect of those hours. This may delay payment to the Contractor. The Company shall make no payment for hours not worked.
(d) For the avoidance of doubt and for the purposes of the Working Time Regulations, the Contractor's working time shall only consist of those periods during which he/she is carrying out activities or duties of the client as part of the assignment. Time spent traveling to the client's premises, lunch breaks and other rest breaks shall not count as part of the Contractor's working time for these purposes.
(e) An allowance of ……N/A…………….per mile will be paid to the Contractor in the event of the Contractor using his own transport on the site where the services are being performed at the request of the client Provided that such mileage is certified on the weekly time sheet by the client or his duly authorised site representative
3. The Company will be responsible for and entitled to all moneys received from or payable by the client or resulting from the invoicing of the client by the Company at the rates agreed between the Company and the client. The Contractor shall not be entitled to receive any moneys or other benefits from the client and shall immediately account to the company for any moneys or benefits so received
4. The Contractor shall not without the consent of the Company provide services of the nature covered by this contract for any third party other than the client while this contract is in force
5. The Contractor shall not divulge to any person or party without the permission of the Company in writing first any confidential information obtained concerning the business of the Company or the client
6. The Contractor shall not on behalf of himself or any third party canvass or solicit orders or contracts from or with any person or party having a contract for services with the Company
7. The Contractor shall be self-employed and shall at all relevant times while executing the services act and be deemed to act under the control and supervision of the client and not of the Company. The Contractor shall indemnify the Company in respect of any loss or liability of whatsoever nature or amount arising from the failure of the contractor to execute the services in accordance with the standards of practice and methods reasonably to be expected of a competent and careful «Job_Title».
8. Notwithstanding that the Contractor is self-employed all payments to the Contractor under Clause 2 hereof will be subject to the following deductions in compliance with Section 38 of The Finance (Number 2) Act 1975 or any statutory re-enactment or modification thereof namely
a) Income Tax so as to comply with Schedule E requirements; and
b) The National Insurance contributions for the time being
9. The contractor may terminate an Assignment or this contract at any time on seven [7] days written prior notice served to Keyman and on the other party without liability.
Keyman may terminate this contract forthwith by notice if the Client becomes bankrupt or has a receiving order or administration order made against it or is put into liquidation.
Either party may terminate this contract forthwith without notice, should the other party be materially in breach of its terms and commit any other breach, not being material and fail to put right such breach, if such breach can be remedied with 30 days of the date of a written notice to put it right.
10. The contractor shall inform Keyman prior to the commencement of a week if they intend to work for more than 48 hours in that week.
Provided that if the Contractor is classified by the Inland Revenue as an exempt person within the context of Section 69 (2) of the said Act or any statutory re- enactment or modification thereof and produces evidence of such exemption to the Company then no such deductions as aforesaid shall be made by the Company and the Contractor shall be responsible for and shall indemnify the Company in respect of the Income Tax and National Insurance contributions relating to any payments made to him under this contract and Provided Further that no deductions in respect of Income Tax and National Insurance contributions will be made by the Company in the event of the Contractor being a Company incorporated under the Companies Act 1948 to 1980 Subject to compliance with the requirements set out in the schedule hereto
IN WITNESS whereof this Agreement has been signed by each of the parties hereto or in the case of a Company by a duly authorised agent thereof
THE SCHEDULE
Requirements applying in the case of a Contractor being a Company incorporated under the Companies Act 1948 to 1980
1. The Contractor shall produce its certificate of incorporation to the Company
2. The Contractor shall produce a valid tax certificate (Form 714c or any statutory substitute therefore)
3. The Contractor shall furnish the Company with a certificate signed by a director of the Contractor that the operative used by the Contractor to carry out the scheduled services is an employee of the Contractor and containing an undertaking that all payments made by the Contractor to the operative will comply with all statutes for the time being in force relating to Income Tax and National Insurance contributions.
4. Cheques issued by the Company in payment for the scheduled services will be made payable to the Contractor.
