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MODEL TERMS OF ENGAGEMENT
OF TEMPORARY (Locum) WORKERS
1.0 DEFINITIONS
1.1 In these Terms of Engagement
the following definitions apply
"Assignment" means the period during which
the Temporary Worker is supplied to render services to the Client
"Client"
means
the person, firm or corporate body requiring the services of the Temporary
Worker [together with any subsidiary or associated company as defined
by the Companies Act 1985]
"Employment
Business" means Nationwide
Locum Services Ltd (NLS) & United Medical Recruitment Ltd (UMR) of
1st Floor, Sun Aliance House, 166-167 St Helens Road, Swansea SA1 4DQ;
"Temporary Worker" means locum doctor
(you).
1.2 Unless context otherwise requires references to the singular
include the plural and references to the masculine include the feminine
and vice versa.
1.3 The headings contained
in these Terms are for convenience only and do not affect their interpretation.
2.0 THE CONTRACT
2.1 These Terms constitute a contract for services between the
Employment Business and the Temporary Worker and they govern all assignments
undertaken by the Temporary Worker. However, no contract shall exist between
the Employment Business and the Temporary Worker between Assignments.
2.2 For the avoidance of doubt, these Terms shall not give rise
to a contract of employment between the Employment Business and the Temporary
Worker. The Temporary Worker is engaged as a self-employed worker, although
the Employment Business is require to make statutory deductions from his
remuneration in accordance with clause 4.1
2.3 No variation or alteration
of these Terms shall be valid unless approved by the Employment Business
in writing.
3.0 ASSIGNMENTS
3.1 The Employment Business
will endeavor to obtain suitable Assignments for the Temporary Worker
to work as a Locum Hospital Doctor.
3.2 The Temporary Worker acknowledges that the nature of temporary
work means that there may be periods when no suitable work is available
and agrees that suitability shall be determined solely by the Employment
Business; and that the Employment Business shall incur no liability to
the Temporary Worker should it fail to offer opportunities to work in
the above category or in any other category.
3.3 For the purpose of calculating the average number of weekly
hours worked by the Temporary Worker on an Assignment, the start date
for the relevant averaging period under the Working Time Regulations shall
be 1st October 1998 or the date on which the Temporary Worker commences
the first Assignment, if later.
4.0 RENUMERATION
4.1 The Employment Business shall pay to the Temporary Worker
remuneration calculated at an hourly rate. The actual rate will be notified
on a per assignment basis, for each hour
worked during an assignment (to the nearest quarter hour) to be
paid weekly in arrears. Employed Workers (excludes self employed) will
be subject to deductions in respect of PAYE Class 1 National Insurance
Contributions and Income Tax pursuant to S 1 34 of the Income and Corporation
Taxes Act 1988 and any other deductions which the employment Business
may be required by law to make.
4.2 Subject to any statutory entitlement under the relevant legislation,
the Temporary Worker is not entitled to receive payment from the Employment
Business or Clients for time not spent on Assignment, whether in respect
of holidays, illness or absence for any other reason unless otherwise
agreed.
5.0 STATUTORY
LEAVE
5.1 For the purposes of calculating entitlement to leave under
this clause, the leave year commences on 1st January of each year.
5.2
Entitlement to statutory leave and related payments under the Working Time Regulations 1998 are not applicable to doctors in training
grades.
5.3 Under the Working Time Regulations 1998, qualifying Temporary Workers are entitled to 4 weeks paid leave per leave 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.
5.4 Where applicable, entitlement to paid leave accrues in proportion
to the amount of 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 which he works on assignments. Payment in respect of the entitlement
to paid leave shall be made as part of the Temporary Worker's hourly rate,
which includes an enhancement of 8.33 % .
5.5 Where the Temporary Worker wishes to take any leave to which
he is entitled, he should notify the Employment Business in writing of
the dates of his intended absence. The amount of notice which the Temporary
Worker is required to give should be at least twice the length of the
period of leave that he wishes to take. Unless the Employment Business
informs the Temporary Worker in writing that it is not possible for him
to take leave on the specified dates, the Temporary Worker shall be entitled
to take up his notified leave entitlement
5.6 Self employed workers shall not be entitled to paid annual
leave.
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.
6.0 SICKNESS ABSENCE
6.1 Temporary workers are not entitled to sick pay
7.0 TIME SHEETS
7.1 At the end of each week of an Assignment (or at the end of
the Assignment where it is for a period of one week or less or is completed
before the end of a week) the Temporary Worker shall deliver to the Employment
Business his time sheet duly completed to indicate the number of hours
worked by him during the preceding week (or such lesser period) and signed
by an authorised representative of the Client. Failure to submit a time
sheet for hours worked may delay payment for those hours.
7.2 For the avoidance of doubt and for the purposes of the Working
Time Regulations, the Temporary Worker's working time shall only consist
of those periods during which he is carrying out his activities or duties
for 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 Temporary worker's
working time for these purposes.
8.0 CONDUCT
OF ASSIGNMENTS
The Temporary Worker is not obliged to accept any Assignment offered by
the Employment Business but if he does so, during every assignment and
afterwards where appropriate, he will
(a) co-operate with the Client's staff and accept the direction supervision
and control of any responsible person in the Client's organisation;
(b) observe any relevant rules and regulations of the Client's establishment
to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain;
(c) unless arrangements have been made to the contrary, conform to the
normal hours of work in force at the Client's establishment;
(d) take all reasonable steps to safeguard his own safety and the safety
of any other person who may be present or affected by his actions on the Assignment and comply with the health and safety policies
of the Client;
(e) not engage in any conduct detrimental to the interests of the Client;
(f) not at any time divulge to any person, nor use for his own or any
other person's benefit, any confidential
information relating to the Client's or the Employment Business'
employees, business affairs, transactions or
finances.
8.2 If the Temporary Worker is unable for any reason to attend
work during the course of an assignment he should inform the client or
the Employment Business no later that 8 hours from the commencement of
the assignment or shift
9.0 TERMINATION
9.1
The Employment Business or the Client may, without prior notice
or liability, terminate the Temporary Workers Assignment at anytime.
9.2 The Temporary Worker
may terminate an Assignment by giving the following notice period
(a)
Assignment less that 1 week
1 Days Notice
(b)
Assignments less than 2 weeks
2 Days Notice
(c)
Assignments more that 2 weeks 1
Weeks Notice
9.3 If the Temporary Worker does not inform the client or the
Employment Business (in accordance with clause 8.2) should they be unable
to attend work during the course of an assignment this will be treated
as termination of the assignment by the Temporary Worker in accordance
with clause 9.2 unless the Temporary Worker can show that exceptional
circumstances prevented him from complying with clause 8.2
9.4
If the Temporary Worker is absent during the course of an assignment and
the contract has not been otherwise terminated the employment business
will be entitled to terminate the contract in accordance with clause 9.1
if the work to which the absent worker was assigned is no longer available
for the Temporary Worker.
10.0 CONFIDENTIALITY
10.1 You will not at any time divulge to any
person , nor use for your own or any other persons benefit, any confidential
information in relation to the client or the company or in relation to
any of their employees, business affairs, transactions or finances which
you may acquire during the currency of your agreement with the company
under the terms.
10.2 Information concerning patients, their
treatment and their affairs is strictly confidential and must not be disclosed
to any unauthorized persons. The confidentiality of employer/client must
be maintained. Any breach of confidentiality will result in the termination
of your engagement with the employer/client and could result in civil
actions for damages
11.0 LAW
11.1 These Terms are governed by the law of
England & Wales/Scotland/ Northern Ireland and are subject to the
exclusive jurisdiction of the Courts of England & Wales/Scotland/Northern
Ireland
