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Engagement of Services Contract

  1. DEFINITIONS

1.1 In this Contract for Services the following definitions apply:

“Assignment” Means the period during which the Temporary Worker is engaged by the Company to render services and/or work on behalf of a Client.
“Temporary Worker ” Means You, the worker engaged by the Company to provide services and/or labour to the Client.
“Company” Means Kovacs Group Limited of Number Three Siskin Drive Coventry CV3 4FJ
“Client” Means the business who has requested the Assignment be carried out.

1.2 Unless the context requires otherwise references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in the Contract for Services are for convenience only and do not affect their interpretation.

  1. THE CONTRACT

2.1 These terms constitute the contract between the Company and the Temporary Worker upon being accepted and/or signed by or on behalf of the Temporary Worker and govern Assignments undertaken by the Temporary Worker with the Company.
2.2 No variation or alteration to the terms shall be valid unless approved in writing by a Director of the Company.

  1. PURPOSE

3.1 The purpose of this agreement is not to establish an employment relationship, but to define the extent under which the relationship between the Temporary Worker allows for there to be a contract for services, to work as and when requirements allow.
3.2  You are not entitled to any of the statutory rights extended to an employee as defined by Section 230 of the Employment Rights Act 1996 and set out in that Act as a whole.

  1. ASSIGNMENTS

4.1 The failure by the Company to provide suitable Assignments for the Temporary Worker shall not give rise to any liability on the part of the Company. The Temporary Worker recognises that there may be periods between Assignments when no Assignments are available.
4.2 The Temporary Worker shall not be obliged to accept an Assignment offered by the Company, nor is the Company obliged to offer such Assignments to the Temporary Worker .
4.3 Specifically, both the Temporary Worker and the Company declare that no mutuality of obligation whatsoever is created or implied either during the course of this contract for services or during any period when Assignments are not available.
4.4 Upon the acceptance by the Temporary Worker of an Assignment, the Company shall supply the Temporary Worker with an assignment confirmation specifying the duration of the Assignment, the agreed rate for the Assignment and any other relevant information. The Temporary Worker agrees to arrive at the Assignment location 30 minutes in advance of the Assignment specified start time.

  1. PAYMENTS

5.1 Payments are made on presentation of a valid a time sheet, these are submitted to Kovacs Group Ltd by the Client (manually or electronically) for whom the Assignment has been carried out. It is the Temporary Workers responsibility to ensure that they have clocked in to work at the start time & clocked out of work at the end time of each working shift as proof of attendance logged with the Client.
5.2 The Company shall not be obliged to pay any fees to the Temporary Worker unless clocking has been properly logged with the Client by the Temporary Worker in accordance with sub-clause 5.1 of these terms.

  1. FEES

6.1 The Temporary Worker will receive payments to their nominated bank account for an Assignment at the rate specified in the assignment confirmation plus VAT where appropriate.
6.2 All payments will be made to the Temporary Worker as registered with the Company.

  1. TEMPORARY WORKER ’S OBLIGATIONS

8.1 The Temporary Worker agrees on their own part as follows:
(i) Not to engage in any conduct detrimental to the interests of the Company which includes any conduct tending to bring the Company into disrepute or which results in the loss of custom or business.
(ii) To take all reasonable steps to safeguard the safety of any person who may be affected by its actions on the Assignment.
(iii) To comply with all statutory obligations and codes of practice to which the Temporary Worker is subject in respect of its staff including but not limited to the Working Time Regulations 1998.
(iv) To comply with any rules or obligations in relation to the Assignment in force at the premises where services are performed to the extent they are reasonably applicable, including but not limited to; carrying personal identification at all times, for Drivers Assignments specifically the physical possession of valid Driver Licence, Drivers Digi Card & CPC at all times.
(v) To furnish the Company with any progress reports as may be requested from time to time.
8.2 The Temporary Worker may undertake work for any other organisation at any time, whether before, during or after this Assignment, and the undertaking of such work will not preclude the Company offering the Temporary Worker additional Assignments as and when they become available. The Company acknowledges and agrees that the Temporary Worker cannot be required to give the Company any priority over any other client.

  1. DIRECTION AND CONTROL

9.1 The Temporary Worker is expected to observe Health and Safety Regulations regarding working hours and to comply with any procedures for a Client site security, adhere to Client site requirements relating to the specified wearing of personal protection equipment or recording attendance for the specific purposes of Health and Safety legislation or other Client  site operational requirements.
9.2 The Temporary Worker acknowledges that they are not part and parcel of the Company’s business. The Temporary Worker will at all times represent themselves as an independent Temporary Worker and will in no circumstances represent or hold themselves out as a servant or employee of the Company.

  1. ACKNOWLEDGEMENT

The Temporary Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by the Temporary Worker and its Staff for the Company during the Assignment shall belong to the Company.

  1. CONFIDENTIALITY

11.1 In order to protect the confidentiality and trade secrets of the Company and without prejudice to every other duty to keep secret all information given to it or gained in confidence, the Temporary Worker  agrees on its own part as follows:
(i) Not at any time whether during or after an Assignment (unless expressly so authorised by the Company as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or confidential information of the Company;
(ii) To deliver up to the Company (as directed) at the end of each Assignment all documents and other materials created by it or the Staff during the course of the Assignment;
(iii) Not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Company except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Company as appropriate.
11.2 In relation to Clause 12.1 (i) above it is expressly agreed that the Temporary Workers obligations as therein set out shall remain in full force and effect and shall remain fully enforceable by the Company notwithstanding the termination or assignment of this agreement.

  1. TERMINATION

Either party for whatever reason can immediately terminate this Contract for Services and no notice is required to be given.

  1. EQUAL OPPORTUNITIES

13.1 The Temporary Worker recognises that discrimination is unacceptable and equality of opportunity is a feature of the Temporary Worker’s practices and procedures.
13.2 The aim of the policy is to ensure no person is discriminated against either directly or indirectly on the grounds of race, colour, ethnic or national origin, religion and belief, sex, marital status, sexual orientation, gender reassignment, age or disability.
13.3 The Temporary Worker maintains a neutral working environment in which no person feels threatened or intimidated. The Temporary Worker is obliged not to act in a discriminatory fashion towards the Client or Company’s employees, workers or other Temporary Worker’s.
13.4 The Company will endeavour to ensure that selection decisions will not discriminate, whether consciously or unconsciously in making these decisions, and that a consistent, non-discriminatory approach to the selection of Temporary Worker is applied.

  1. DATA PROTECTION

The Company will act as a Data Processor as defined by data protection legislation being the General Data Protection Regulation, the Data Protection Act 1998 and any successor legislation, including without limitation in relation to Clients and Special Categories of Personal Data (terms which are defined by data protection legislation).

The Company collects and processes certain types of data about the Temporary Worker and does so in line with data protection legislation. Please read the Company’s Privacy Notice which is displayed on the Company’s website for more information about the types of data processed and the reasons for the processing, including special categories of data and criminal convictions.

Temporary Worker Declaration for GDPR;

For the purposes of this contract the Temporary Worker expressly grants permission for the Company to pass personal data to a client for the sole purposes of verification & validation of identity, confirmation of legal right to work, establish qualifications and eligibility to carry out skilled work in line with Assignment criteria; included but not limited to the Client requesting spot checks & audits on demand of records securely held by the Company in line with data protection legislation.

The Temporary Worker also agrees to data being passed to the Payroll provider for the sole purpose of processing payments owed to the Temporary Worker.

The Temporary Worker expressly grants permission to the Company for a work reference to be requested from the previous Client or Employer, contact details as provided by the Temporary Worker in the application form.

  1. LAW

These terms are governed by the law of England, Scotland & Wales and are subject to the exclusive jurisdiction of the Courts of England, Scotland & Wales.

KEY INFORMATION DOCUMENT – Please Read

This document sets out key information about your relationship with us and the intermediary/umbrella company used in your engagement; including details about your pay, holiday entitlement and other benefits

  • Name of Employment Business  – Kovacs Group Ltd
  • Name of Intermediary/Umbrella Company  – Marshbuild Limited
  • Your Employer Marsh build 
  • Type of Contract you will be engaged in – Temporary
  • Who will be paying you – Marshbuild Limited
  • How often will you be paid – Weekly

Business connection between the intermediary/umbrella company, the employment business, and the person responsible for paying you – No Association

You are being paid through an intermediary/umbrella company; a third-party organisation that will calculate your tax and other deductions and then pay you for the work undertaken for the hirer. The intermediary company will pay your deductions as required by law. Kovacs Group Ltd will still be finding you work assignments. The money earned on your assignments will be transferred to the intermediary company as part of their income. They will pay your wage. All deductions made which affect your wage are listed below. If you have any queries about these please contact us.

INTERMEDIARY/UMBRELLA FEES

  • Example gross rate of pay to intermediary/umbrella company for Kovacs Group Ltd – Pay varies by hours worked
  • Deductions from intermediary/umbrella company required by law – PAYE, NI, Holiday Pay, Pensions & Court Orders
  • Other Deductions or costs taken from intermediary/umbrella company – Payroll Margin If Applicable 

WORKER FEES

  • Example rate of Pay – Above National Minimum Wage (NMW)
  • Deductions form your pay required by law – PAYE, NI, Pensions & Court Orders

Other deductions or costs taken from your pay (potential but not limited to) if provided by the Company to you;

  • Hi-Viz Vest £7.00 -Drivers no Charge
  • Full Uniform Set £35
  • Fleece with logo – £20.00
  • Safety Boots £30.00
  • Transport Up To £10.00 (Per Day, Return if applicable
  • Fees for Goods or Services – N/A  Lost ID Badge £10 Charge

Example net take home pay – Variable (Amounts vary depending on hours worked)

You will be provided with a Payslip that details your pay rate, holiday pay, hours worked, PAYE deductions as required by law & any deductions agreed to by you.

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