INDIVIDUAL EMPLOYMENT AGREEMENT (TEMPORARY STAFF)
(“I” or “me”).
(together, Parties)
A. The Company is a personnel consultancy, which provides temporary staff to third parties ("Clients” or “the Client") on temporary assignments ("Assignments").
B. The Company agrees to employ me as a temporary employee to work on Assignments for Clients.
C. I accept a position as a temporary employee of the Company and agree to be bound by the following Terms and Conditions.
1. NATURE OF AGREEMENT
1.1. This agreement establishes both the nature of the relationship between the parties and includes the terms and conditions under which I will be employed by the Company.
1.2. This agreement will come into force at the commencement date of the Assignment and will continue until the termination of the Assignment unless sooner terminated in accordance with clause 5 below.
1.3. I understand and accept that the nature of my employment means that each Assignment is a separate engagement. Once an Assignment is completed, the employment relationship terminates.
1.4. I understand and accept that upon the termination or early cessation of any Assignment (for any reason whatsoever), the Company shall not be under any obligation to offer me an alternative or additional Assignment. I further acknowledge that nothing in this agreement shall be interpreted or understood to give any expectation that this agreement will be renewed or that any subsequent agreement will be entered into.
2.1. I have the right to refuse or accept any Assignment offered by the Company.
2.2. On acceptance of an Assignment I agree to:
a) Report to work at the hours stipulated by the Company, and
b) Work to the best of my ability, and
c) Carry out the Work diligently and professionally; and
d) Complete the entire Assignment (subject to paragraph 5 below).
3.1. I understand and accept that I am in a position of trust in relation to both the Client and the Company. I agree to hold all Confidential Information of the Company and Client in confidence and will not, without the written consent of the Client and the Company directly or indirectly at any time during an Assignment or following its termination:
a) Use or disclose any Confidential Information.
b) Copy any material containing Confidential Information other than to the extent necessary to carry out an Assignment.
3.2. "Confidential Information" means: all confidential information which is not in the public domain and which is reasonably regarded by the Client and/or the Company as confidential, and which I have become aware of in the course of carrying out this agreement or an Assignment.
3.3. I acknowledge and accept that any breach of the above confidentiality clause constitutes serious misconduct.
4.1. I will contact the Company immediately for assistance if I encounter any difficulty in an Assignment.
5.1. If, for any reason, I am unable to complete an Assignment, I will advise the Company of this as soon as practicably possible, and in any event:
a) Where the Assignment is up to 2 weeks' duration, I will give the Company at least 48 hours notice that I am unable to complete the Assignment; or
b) Where the Assignment is over 2 weeks' duration, I will give the Company at least 5 days' notice that I am unable to complete an Assignment.
5.2. If I do not give the notice set out in paragraph 5.1 above, the Company is entitled to deduct from any wages (including holiday pay) due to me an amount equivalent to the amount I would have earned during the period of the shortfall in notice.
5.3. I understand that the length of any Assignment may be reduced without notice by either the Client or Company (or both) and if, for any reason whatsoever, the Company or the Client decides to terminate an Assignment earlier than originally indicated, my employment will terminate on the date specified to me, and the Company is under no obligation to offer me an alternative or additional Assignment.
5.4. As a temporary employee of the Company I acknowledge and accept that I am not entitled to receive any extended period of notice of termination. When possible, the Company will endeavour to provide me with notice in accordance with clauses 5.1.a) and (b). I also acknowledge that such termination will not constitute a redundancy situation.
5.5. I acknowledge and accept that the Company shall be entitled to terminate this Agreement without notice in the event of serious misconduct.
6.1. I will not undertake any other business of any nature, either personal (i.e. personal telephone calls) or business related without the Client's prior approval and that if I breach this provision, I may be required to meet any costs or losses suffered by the Client and/or the Company, and/or may forfeit any remuneration due to me over the period that this breach occurs.
6.2. I may only use the Client's property in the course of performing my work while on Assignment and not for any other reasons. I agree to comply with any policies or procedures the Client may have in force from time to time relating to use of their property.
7.1. My hours of work shall be advised prior to the commencement of each Assignment. If I am requested to work hours in excess of the standard hours of an Assignment, I will immediately advise the Company before I commence such additional work.
8.1. I will immediately advise the Company if I am late for an Assignment or unable to report for work, to enable arrangements to be made for a suitable replacement. In these circumstances, the Company may engage a replacement employee for such period of the Assignment as the Company determines.
9.1. I agree that, unless otherwise agreed, my remuneration shall be based solely on the hours worked on each Assignment.
9.2. No wages shall be paid to me unless I present to the Company a time sheet or Client acknowledgement completed with the hours worked and signed by both the Client and myself.
9.3. I shall be paid at an hourly rate for the hours worked while on Assignment. My hourly rate shall be agreed with the Company prior to the commencement of the Assignment. This rate will remain fixed for the duration of the Assignment, unless otherwise agreed between the Company and me, and such agreement is recorded in writing.
9.4. I understand that rates quoted and agreed:
a) may either include or exclude penal rates and overtime payments.
b) may in consultation with me be adjusted from one Assignment to the next if and to the extent that, in respect of any Assignment, I participate in KiwiSaver and the Company is required to contribute to KiwiSaver to the intent that my gross remuneration (including in any case the Company’s contribution to KiwiSaver) will be the same whether or not I participate in KiwiSaver; and
c) will be adjusted during an Assignment if at the start of the Assignment I was not enrolled in KiwiSaver but, during the Assignment I either decide to opt into KiwiSaver or, alternatively, if I am automatically enrolled during the Assignment as a result of that Assignment being extended to last longer than 28 days, in either case resulting in the Company being required to contribute to KiwiSaver to the intent that my gross remuneration (including in any case the Company’s contribution to KiwiSaver as required by law from time to time) will be the same whether or not I participate in KiwiSaver.
These factors shall be determined and agreed between me and the Company prior to acceptance of each Assignment.
9.5. I agree to complete all documentation necessary for the Company to comply with its income tax obligations in respect of employees.
9.6. Expenses incurred while working on Assignment must be fully authorised before the Company will pay these out.
10.1. Pursuant to the KiwiSaver Act 2006, if my Assignment lasts for longer than 28 days, I will be automatically enrolled into KiwiSaver on the commencement of the Assignment/my employment. If my employment lasts for 28 days or less, I will not be automatically enrolled into KiwiSaver unless the term of the Assignment is, during the Assignment, extended to last longer than 28 days. In this case, I will be enrolled in KiwiSaver on the date the decision to extend the term of the Assignment is made. It is my choice whether to remain in KiwiSaver.
11.1. On the understanding that, as a temporary employee, I am unlikely to work for the Company for more than 12 months, my holiday pay entitlement will accrue at the rate of 8% of my wages. It will be paid to me in one of the following ways:
a) At the expiry of one month after the termination of an Assignment with the Company if I am not re-employed during that period; or
b) Where I advise the Company in writing of both my resignation and that I do not want further assignments, my accrued holiday pay will be paid to me within 7 days.
11.2. I may alternatively use the accrued amount for holidays on pay for a holiday period with the agreement of the Company.
11.3. Should I be employed by the Company for a continuous period of 12 months, I will be entitled to 4 weeks paid leave, reduced by any leave taken in advance. My holiday pay will be calculated on the basis of my average weekly earnings for the previous 12 months.
11.4. Annual leave entitlements must be taken within 12 months of the date of falling due and shall not accumulate if not taken within 12 months of the date of falling due.
12.1. I am entitled to be paid for statutory holidays that fall on days which would otherwise be working days for me. In instances where I am not on Assignment when a statutory holiday falls, I will not be entitled to be paid for statutory holidays occurring at that time.
12.2. The Company may require me to work on a statutory holiday. Where I am required to work a statutory holiday I will receive time and a half for the hours worked on that day and, where the holiday would otherwise be an ordinary working day for me, I will also receive a paid day off in lieu to be taken, after consultation with me, on a day fixed with the Company.
12.3. Pay for statutory holidays and for paid holidays in lieu shall be the pay that I receive for my ordinary working day. If ordinary hours are not set, or are irregular, the number of hours paid shall be based on the average daily hours worked through the course of that Assignment.
13.1. I am entitled to sick leave in accordance with the minimum requirements of the Holidays Act 2003. On completion of 6 months of continuous service, I am entitled to 5 days of sick leave for each ensuing 12-month period. Any exception to the completion of 6 months continuous service will be at the sole discretion of the Company.
13.2. If sick leave entitlement is not fully taken in the year in which it accrues, I may carry over up to 15 days’ sick leave, to a maximum of 20 days’ current entitlement in any year.
13.3. I am not entitled to be paid for any sick leave that has not been taken before the date on which my employment ends.
13.4. I must notify my Recruitment Consultant as soon as possible but no later than 1-hour prior of my normal start time on the first day of absence. I will deal with the notification myself unless I are incapable of doing so. If I am unable to telephone in person, the person who rings on my behalf must have the following information: the nature of the illness, how long I am likely to be absent for and whether or not I have made a Doctor's appointment. The Company will also be informed about when and where they can contact me in person. In the unlikely event that I cannot contact my Recruitment Consultant me or my representative should speak to another Company representative.
13.5. Where the sickness or injury giving rise to sick leave lasts for less than 3 consecutive calendar days I must complete a self-certificate and return this to my Recruitment Consultant. The Company may require me to provide a medical certificate at its cost for sick leave that does not exceed 3 days. If the injury or sickness that gives rise to the sick leave lasts for 3 or more consecutive working days, I must provide a medical certificate from my doctor, or such other evidence as the Company may reasonably require at my cost and I must return this to my Recruitment Consultant.
13.6. Throughout my absence I am required to stay in regular contact with my Recruitment Consultant. In some instances, they may require a medical certificate from my Doctor to state that I am fit to return to work with the actual date of fitness being stipulated before the Company allows me to return to work.
13.7. Failure to comply with these requirements without good reason may affect my entitlement to payment for such absences.
14.1. On completion of 6 months of continuous service, I am entitled to bereavement leave in accordance with the Holidays Act 2003. Any exception to the completion of 6 months continuous service will be at the sole discretion of the Company.
14.2. I am entitled to bereavement leave of up to 3 days per death of a close family member and up to 1 day’s leave in all other cases where the Company has accepted that I have suffered bereavement.
15.1. If, during any Assignment, I am provided with a uniform or equipment or entrusted with any cash or cheques or other valuables I will return such property undamaged and account for any cash or cheques or other valuables upon demand by the client or upon completion of the Assignment, whichever is required by the Company.
15.2. I understand that I will be liable for any willful or negligent actions or omissions by me causing damage or loss to the Client or Company during or after the Assignment.
16.1. Any invention, improvement, design, process, patent, trade mark, copyright, system or other intellectual property right (collectively called "Creation(s)") made or discovered by me during the fulfilment of any Assignment (whether capable of being patented or registered or not) shall forthwith belong to and be at the absolute disposal of the Company.
16.2. Where the Creations are created by me as part of the Company providing services to the Client and the agreement between the Company and the Client provides that the Client shall own the rights in the Creation then the Company shall assign such rights in the Creation to the Client.
16.3. I agree that, if and whenever called upon to do so, (whether during or after the termination of any Assignment) I will execute all instruments and do all things necessary for vesting the rights of the Creations in the Company (or its assignee) absolutely as sole beneficial owner.
16.4. Notwithstanding this clause, should I be able to establish that any Creation was made prior to entering into this agreement or created subsequently but for services unrelated to the services supplied pursuant to the Assignment, such Creation shall remain my property.
17.1. Should I make an approach to or be approached by the Client or any other person, firm or organisation, where the approach has resulted as a consequence of any Assignment, to take on employment whether on a permanent, temporary or contractual basis, I will immediately notify the Company before accepting any such employment.
17.2. This requirement applies for 12 months after completion date of each Assignment.
18.1. I will not use my own vehicle for any business purposes of the Client without prior arrangement with the Company.
18.2. Where I do, whether by prior arrangement or not, I will be entirely liable for any damage or loss arising out of or in connection with the use of my vehicle.
18.3. Where prior arrangement has been made with the Company for me to use my vehicle for business purposes whilst on Assignment, I will be reimbursed at rates set by the Company and advised to me by the Company, and I accept responsibility for arranging business insurance cover on my vehicle.
19.1. I declare I am in good health and I am not suffering from any medical condition, which could affect my ability to carry out Assignments.
19.2. I will not accept any Assignment with any Client unless I am in good health. I will not accept an Assignment if I am suffering from any medical condition which is likely to render the Company or the Client liable in any way.
19.3. I will, upon reasonable requests by the Company, supply a medical certificate to confirm my current state of good health and will in particular supply the Company with evidence of my recovery from any accident or illness suffered by me during my employment.
19.4. I acknowledge that I have been fully informed by the Company of my responsibilities under the Health and Safety in Employment Act 1992 (and its amendment Acts). I will undertake to take all practicable steps to ensure my own safety and to ensure that no action or inaction on my part at work causes harm to any other person. I will report to the Company and to the Client all hazards of which I become aware and all accidents affecting me at a Client's premises.
19.5. In the event that I am involved in an accident affecting me at a Client's premises I will inform the Client and the Company as soon as practicable immediately after the occurrence of the accident.
20.1. If the Company is restructured (which includes outsourcing or selling its business), the Company shall, to the extent that it affects me:
a) discuss the restructuring in good faith with the new Company; and
b) discuss with the new employer in good faith any matters relating to my employment including whether I will transfer to the new employer on the same terms and conditions of employment; and
c) the Company, me and the new employer will discuss, in good faith, what entitlements, if any, are available to me should I not transfer to the new employer.
21.1. Where the Company is advised of the existence of an employment relationship problem ("the problem") by me, the Company will discuss and attempt to resolve the problem directly with me, in the first instance.
21.2. If the problem is not resolved, the Company or I may request mediation assistance or determination of the problem by the Employment Relations Authority or Employment Court under the Employment Relations Act 2000.
21.3. If I believe that I have a personal grievance, I must raise the grievance with the Company within 90 days, beginning with the date of the alleged action giving rise to the grievance, or the date that the alleged action came to my notice, whichever is the later.
22.1. These terms and conditions will apply to every Assignment, which I undertake for the Company.
22.2. The terms and conditions contained in this agreement may be varied by agreement between the Company and me in writing.
23.1. I agree to comply with all Company and Client rules, policies and procedures as notified by the Company or Client from time to time.
24.1. This agreement and the letter of offer represent the entire agreement of the Parties and replace any previous agreements and understandings.
25.1. I declare that I have read and fully understood the terms and conditions of this Agreement. I agree to be bound by these terms and conditions on each and every Assignment I undertake on behalf of the Company.
25.2. I agree and fully understand that, due to the nature of my employment and the fact that my Assignments will vary and generally be on short notice, that the Company may be unable to provide me with the following information in writing, prior to commencing the Assignment:
a) A description of the work to be performed by me; and
b) An indication of where I am to perform the work; and
c) An indication of the hours I will be required to work; and
d) The wages payable to me.
a) The Company's offer(s) of Assignments may be intermittent, and I cannot be guaranteed full time, ongoing employment by the Company; and
b) My employment with the Company terminates once an Assignment is completed without any further Assignment having been offered and agreed to be undertaken by me; and
c) Prior to signing this agreement, I have been given a reasonable opportunity to seek independent advice; and
d) The Company will not always be able to give me a reasonable opportunity to seek independent advice before agreeing to
a) I have produced evidence of my qualifications, New Zealand residency or citizenship or work permit or other evidence of my eligibility to work within New Zealand and where applicable, my current valid drivers’ licence.
b) Everything I have told or given to the Company, in writing or otherwise as to my qualifications and experience when applying for the position is true and complete.
c) I have not deliberately failed to disclose anything which may have materially influenced the Company’s decision to employ.
d) I have disclosed my complete employment history.
e) I know of no issues (including previous or pending convictions) that might affect my ability to work for the Company or its trust and confidence.
f) I have no liabilities, obligations or other matters which will interfere with my ability to carry out my obligations under the Assignment.
g) I have disclosed any injuries and illnesses previously suffered that may affect my ability to perform the duties.
26.1. The Company agrees that it will brief me prior to me accepting an Assignment and provide the following information to me verbally before I commence the Assignment:
a) A description of the work to be performed by me; and
b) An indication of where I am to perform the work; and
c) An indication of the hours I will be required to work; and
d) The wages payable to me.
26.2. The Company will endeavor to provide the information set out in clauses a) to d) above in writing, as soon as reasonably possible.
, declare that I have read and understand the
conditions of employment detailed above and accept them fully. I have been advised of the right to seek independent advice in relation to the Agreement and have been allowed reasonable time to do so.