ROMANIAN RECRUITMENT LIMITED
TERMS OF BUSINESS
These terms shall govern all contracts between the Company and the Client. No variation to these terms such as reduced fees of introduction or release shall be binding unless in writing and signed by an authorised official of the Company. The engagement of staff or the interviewing of staff intended to be engaged on a temporary or permanent basis shall be deemed as acceptance of the Company’s Terms of business. The Company may request details of the Client’s Bank or other information so that a credit check can be undertaken. The Company reserves the right to withdraw its services at any time without prejudice to the payment for those services up to that time.
TERMS OF BUSINESS FOR THE PROVISION OF PERMANENT STAFF INTRODUCED BY THE COMPANY ACTING AS A RECRUITMENT AGENCY
1. a:The Client will provide a full job description and full instructions as to its requirements for each candidate.
b: The Company will endeavour to introduce suitable candidates based on this information. Whilst care is taken, the Company does not in any way warrant the suitability of fitness of any candidates for employment by the Client, nor the accuracy of any information supplied by the candidate. It is the Client’s responsibility to ensure the take-up of references, arrangement of medical examinations, obtaining work permits and to ensure that the candidate is suitable for the position under consideration.
c: The Agency endeavours to ensure the suitability of any applicant introduced to the Client by obtaining confirmation of the Applicant’s Identity, that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the client seeks to fill.
2. If the Client engages, in any capacity, a candidate introduced by the Company, the Client shall be liable to pay an introduction or presentation fee (incl. VAT) to the Company at the time of appointment. The Company will invoice the Client for the fee on the day the candidate commences employment and payment is due within 30 days of the invoice date.
The agency charges fixed fees for permanent placements. The fee currently stands at 10% of the worker’s annual remuneration, per worker placed for the first 10 successful placement. Any subsequent placements will be charged at a negotiable rate with the client based on history of payment, relationship with client, his position on the market and the need to recruit more workers in the long term. The same payment terms and conditions will apply. The fee will be invoiced to the client and should be paid within thirty days from the date the worker has commenced his/her employment.
The fee amount can be changed /negotiated only by the company director and any document reflecting any fee alteration must be signed for by the director.
The Client undertakes to notify the Company immediately of its intentions to engage whether directly or indirectly any candidate introduced or presented by the Company.
If the Client fails to notify the Company, the Company shall be entitled to charge the Client in addition to the above fees an additional fee calculated at the rate of 3% of the introduction fee referred to above. In such a case, should the candidate leave, the Client will not be entitled to a rebate.
4. The above charges apply to both contracts of employment and contract of services and it is up to the Client to engage the worker in either. The company has the right to charge interest on overdue accounts from the due date to the payment date at the rate of 4% above the Company’s bank’s base rate, or if applicable, such rate as is prescribed from time to time by the Late payment of Commercial Debts (interest) Act 1998.
This interest will accrue on a daily basis. If, the candidate should leave the Client’s employment within the first 8 weeks of commencement of employment, the Company may, after taking into consideration the reason for the candidate leaving, allow a rebate for the introduction fee.
The Client must inform the Company, in writing, within 7 days of the employment terminating and the fee must have been already paid in full. Otherwise no rebate will be given. The rebate is calculated on a sliding scale:
• Within 2 weeks 90% rebate
• Within 6 weeks 50% rebate
• Up to 8 weeks 10% rebate
Replacement of permanent staff:
If, by no fault of the Client the Worker decides to leave or the Client finds the Worker highly unsuitable and wishes to replace the worker with another candidate from us instead of receiving a rebate, we will present a new candidate and replace the old one free of charge within the first 3 months of commencement of employment. This is done at our discretion, if we find that communication between the parties was impossible and there was a clear fault on the worker’s side.
Introductions made by the Company are confidential and must not be disclosed by the Client to third parties. The engagement of any candidate by, or arranged by, a third party to whom the Client has disclosed such information supplied by the Company, will render the Client liable to the payment of the introduction fee which would have been due had the candidate been employed by the Client on the same terms. The Company shall not be responsible in any way for loss (including loss of profit, business, contracts, revenue or anticipated savings, loss or waste of management time or any indirect or consequential loss), damage or expense incurred by the Client, its staff or property arising from or in connection with the use of the Company’s services or caused by the acts, errors or omissions of any candidate even if such an act, error or omission is negligent, fraudulent or dishonest. Nothing in these terms shall have the effect of excluding or restricting liability for death or personal injury resulting from the negligence of the Company. The Company expects the Client to be fully aware of all current laws relating to discrimination, victimisation or harassment due to race, colour, nationality, sex, marriage, disability, health and safety or working time and that it has given the appropriate training to all members of its own staff that may be involved in selection, supervision and control of candidates supplied. The Client shall indemnify the Company against any claims, demands, liabilities, damages, costs and expenses incurred in action taken against the Company in respect of any member of the staff employed by the Client. If any provision of these Terms is held by any competent authority to be invalid of enforceable in the whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected. No waiver by the Company or any breach of these Terms by the Client will be considered as a waiver of any subsequent breach of the same or any other provision.
Any notice required or permitted to be given by either party to the other under these Terms will be in writing addressed to that other party at its registered office or principal place of business.
These terms will in all respects be governed and construed in accordance with English Law and the Client agrees that any dispute will be settled in English Courts.
In these terms and conditions the following Definitions apply:-
'The Employment Business' means Romanian Recruitment Limited or its associated companies.
'The Client' means the person firm or corporate body requiring the services of the Temporary.
'The Temporary' means the person, firm of corporate body to whom the Applicant is introduced.
'Assignment' means the period during which the temporary is engaged to tender services to the Client.
(2) THE CONTRACT
(a) These Terms and Conditions are accepted by the Client by virtue of its interview with the Employment Business or the Temporary or the engagement by the Client of the services of the Temporary.
(b) No variation or alteration to these Terms and Conditions shall be valid or enforceable unless approved in writing by a Director of the Employment Business.
(a) At the end of each week of the Assignment (or, where the Assignment is for a period of less than one week or is completed before the end of the week, at the end of the Assignment) the Client shall sign the time sheet of the Employment business verifying the number of hours worked by the Temporary during that week.
(b) Signature of the time sheet by the Client constitutes acceptance that the Temporary's services have been provided for the hours indicated and that such services have been satisfactory and in accordance with these Terms.
(a) The Client shall pay the hourly charge for the Employment Business current at the commencement of the Assignment which may be varied by the Employment Business with immediate effect from time during the Assignment.
(b) The charges are calculated by reference to the number of hours worked by the Temporary (to the nearest quarter hour) plus VAT and are invoiced to the Client on a weekly basis, payable within 14 days. Travelling, hotel and other expenses as may be agree shall be added to the invoice. Details of our charges are available on request.
(5) REMUNERATION & DEDUCTIONS
The Employment Business is responsible for paying the Temporary's remuneration where applicable or fees and for the deduction and payment of National Insurance Contributions and Schedule E Income Tax (PAYE), and holiday pay, applicable to the Temporary as required by law.
(6) INTRODUCTION FEES
(6.1) Transfer fees where a worker has been supplied.
(6.1.1) In the event of the Engagement by the Client of a Temporary Worker supplied by the Employment Business for an Assignment either (1) directly or (2) pursuant to being supplied by another employment business, during the Assignment or within whichever is the longer of either: 14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of a previous Assignment shall also be considered to be the first Assignment' these purposes); or 8 weeks from the day after the last day the Temporary Worker worked on the Assignment.
The Client shall be liable, subject to electing upon giving 7 days notice, to either
(a) An extended period of hire calculated in proportion to the number of weeks the Temporary Worker has been supplied to the Client prior to the notice date in accordance with the accompanying schedule of extended hire periods set out below, during which the Client shall pay the charges agreed pursuant to Clause 4(b) above for each hour the Temporary Worker is so employed or supplied; or
(b) A Transfer Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement, less any rebate applicable calculated in accordance with the accompanying schedule of Transfer Fee rebates, or, if the actual amount of Remuneration is not known, the hourly charges agreed pursuant to Clause 4 (b) multiplied by 225 times less any rebate applicable calculated in accordance with the accompanying schedule of Transfer Fee rebates. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due
(6.2) Introduction Fees where a worker is introduced but not supplied.
(6.2.1) In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but which leads to an Engagement of the Temporary Worker by the Client either directly or pursuant to being supplied by another employment business within 6 months from the date of Introduction the Client shall be liable, subject to electing upon giving 7 days notice, to either:
(a) A period of hire of the Temporary Worker being 12 weeks during which the Client shall pay the hourly charges agreed pursuant to Clause 4 (b) for each hour the Temporary Worker is so employed or supplied; or
(b) (c) An Introduction Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to Clause 4 (b) multiplied 225 times. No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.
(c) (d)There are no rebates or reductions of extended periods in respect of charges arising under Clause 6.2.1 (a) and (b).
(6.3) Inability to supply during the period of hire.
(6.3.1) If the Client elects for an extended period of hire, as set out above, but before the end of such period Engages the Temporary Worker supplied by the Employment Business either directly or pursuant to being supplied by another employment business or the Temporary Worker chooses not be supplied for an extended period of hire, the Transfer or Introduction Fee calculated in accordance with either 6.1.1 (b) or 6.2.1 (b) may be charged, reduced by such percentage to reflect the period of extended hire already undertaken by the Temporary Worker and paid for by the Client.
(6.3.2) Where period(s) of absence due to illness or injury prevent the Temporary Worker from being employed or supplied for 4 or more days, which shall be qualifying days for the purposes of Statutory Sick Pay (SSP), during the period of hire as set out above, the period of hire shall be extended by a period equivalent to the total period of absence. Where the Employment Business pays the Temporary Worker SSP during the period of hire an equivalent amount shall be charged to and be payable by the Client in addition to the charges agreed pursuant to Clause 3.1.
(6.4) Where there has been an Introduction to and Engagement by a Third Party.
In the event that a Temporary Worker supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party during the Assignment or within whichever is the longer of either: 14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the 'First Assignment' for these purposes); or 8 weeks from the day after the last days the Temporary Worker worked.
The Client shall be liable to pay a Transfer Fee Calculated in accordance with Clause 6.1.1(b).
(6.5) Where there has been an Introduction but no supply resulting in an Engagement by a Third Party.
In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but the Temporary Worker is introduced by the Client to a third party within 6 months from the date of Introduction the Client shall be liable, to an Introduction Fee calculated in accordance with Clause 6.2.1(b)
**This clause relates only to temporary placements and not permanent ones. In your case, the worker is yours from day one and no other fee than that for a permanent placement will be due. Please input your company details at the bottom.**