It is an offence for a person to drive on a road, any vehicle otherwise than in accordance with a licence authorising him to drive it. It is also an offence for a person to cause or permit another person to drive it.
As a Sub-Contractor, I declare that I have produced my latest licence, and that I have no pending convictions, endorsements of disqualifications.
I have had no change in my health, which could affect my entitlement to drive. In particular, for ALL licences:
Also, for vocational licences:
If any of the above affects me I will inform my employer as soon as possible. I understand that I must also inform DVLA by writing to: Drivers Medical Unit, DVLA, Swansea SA99 1TU. Failure to do so is a criminal offence punishable by a fine of up to £100.00. I will inform my employer of any road traffic incidents, convictions, endorsements or disqualifications that occur, which could affect my entitlement to drive, as soon as possible.
Driver declaration: I have read and fully understand the above and will comply with what is requested of me.
As a Sub Contractor to Kovacs Group Ltd (the Company) you must, at all times, be aware of the confidentiality of information gained during the course of your duties, which in many cases includes access to highly confidential information relating to clients, pay rates, Company financials and personnel/service provider details. The Company expects that you understand the importance of treating all such information in a discreet and confidential manner. As such your attention is drawn to the following:
The importance of confidentiality cannot be overemphasised and it is important that it be borne in mind at all times.
For the purposes of clarity, you shall not at any time, before or after the termination of your Contract for Services, disclose such information to any person without prior written consent from a Director of the Company.
1.1 In this Contract for Services the following definitions apply:
“Assignment” Means the period during which the Sub-Contractor is engaged by the Company to render services and/or work on behalf of a Client.
“Sub-Contractor” Means You, the Sub-Contractor engaged by the Company to provide services and/or labour to the Client.
“Company” Means Kovacs Group Limited of 12 Station Court, 127 Station Rd, Coventry CV4 9HR
“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.
2. THE CONTRACT
2.1 These terms constitute the contract between the Company and the Sub-Contractor upon being accepted and/or signed by or on behalf of the Sub-Contractor and govern Assignments undertaken by the Sub-Contractor 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.
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 Sub-Contractor allows for there to be a contract for services, to work as and when requirements allow.
3.2 You are not entitled to any paid leave of absence for reasons of sickness, injury or holiday or for any other reason from the Company. (You are advised to make your own sick pay and pension arrangements).
3.3 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.
4.1 The failure by the Company to provide suitable Assignments for the Sub-Contractor shall not give rise to any liability on the part of the Company. The Sub-Contractor recognises that there may be periods between Assignments when no Assignments are available.
4.2 The Sub-Contractor shall not be obliged to accept an Assignment offered by the Company, nor is the Company obliged to offer such Assignments to the Sub-Contractor.
4.3 Specifically, both the Sub-Contractor 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 Sub-Contractor of an Assignment, the Company shall supply the Sub-Contractor with an assignment confirmation specifying the duration of the Assignment, the agreed rate for the Assignment and any other relevant information. The Sub-Contractor agrees to arrive at the Assignment location 30 minutes in advance of the Assignment specified start time.
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 Sub Contractors 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 Sub-Contractor unless clocking has been properly logged with the Client by the Sub-Contractor in accordance with sub-clause 5.1 of these terms.
6.1 The Sub-Contractor 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 The Sub-Contractor shall be responsible for any and all PAYE Income Tax and National Insurance Contributions and any other taxes and deductions payable in respect of its self, employees, officers, or representatives (“Staff/Delegates”) for any Assignment.
6.3 All payments will be made to the Sub-Contractor.
The Sub-Contractor shall be liable for any loss, damage or injury to any party resulting from the negligent acts or omissions of its Staff/Delegates during an Assignment. The Sub-Contractor shall ensure the provision of adequate Employer’s Liability Insurance, Public Liability Insurance and any other suitable policies of insurance in respect of the Sub-Contractor and its staff/delegates during an Assignment and shall make a copy of the policy available to the Company upon request.
8. SUB-CONTRACTOR’S OBLIGATIONS
8.1 The Sub-Contractor agrees on its own part and on behalf of its Staff/Delegates 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 Sub-Contractor 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.
(vi) To notify the Company forthwith in writing if it should become insolvent, dissolved or subject to a winding up petition.
8.2 The Sub-Contractor 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 Sub-Contractor additional Assignments as and when they become available. The Company acknowledges and agrees that the Sub-Contractor cannot be required to give the Company any priority over any other client.
9. DIRECTION AND CONTROL
9.1 The Sub-Contractor is expected to observe Health and Safety Regulations regarding working hours and to comply with any procedures for site security, adhere to 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 site operational requirements.
9.2 The Sub-Contractor acknowledges that they are in business on their own account and are not part and parcel of the Company’s business. The Sub-Contractor will at all times represent themselves as an independent Sub-Contractor and will in no circumstances represent or hold themselves out as a servant, employee or worker of the Company.
The Sub-Contractor acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by the Sub-Contractor and its Staff for the Company during the Assignment shall belong to the Company.
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 Sub-Contractor agrees on its own part and on behalf of its Staff 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 Sub-Contractors 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.
Either party for whatever reason can immediately terminate this Contract for Services and no notice is required to be given.
13. EQUAL OPPORTUNITIES
13.1 The Sub-Contractor recognises that discrimination is unacceptable and equality of opportunity is a feature of the Sub-Contractor’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 Sub-Contractor maintains a neutral working environment in which no person feels threatened or intimidated. The Sub-Contractor is obliged not to act in a discriminatory fashion towards the Sub-Company’s employees, workers or other Sub-Contractor’s.
13.4 The Sub-Contractor 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 Sub-Contractor is applied.
14. DATA PROTECTION
The Sub-Contractor 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, on behalf of the Company in regard to the processing of Personal Data, 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 Sub Contractor and does so in line with data protection legislation. Please read the Company’s Privacy Notice for Sub Contractors which is attached to this document for more information about the types of data processed and the reasons for the processing, including special categories of data and criminal convictions.
Sub Contractor Declaration for GDPR;
For the purposes of this contract the Sub-Contractor 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 Sub Contractor also agrees to data being passed to the Payroll provider for the sole purpose of processing payments owed to the Sub Contractor.
The Sub Contractor expressly grants permission to the Company for an employment reference to be requested from the previous employer, contact details as provided by the Sub Contractor in the application form.
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
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 umbrella 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 umbrella 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.
Other deductions or costs taken from your pay (potential but not limited to) if provided by the Company to you;
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.
Kovacs Group Limited (Employment Business)
Kovacs Group Limited (hereinafter referred to as the “company” or the “employment business”) whose registered office is at 12 Station Court, 127 Station Avenue, Coventry CV4 9HR.
Myself; identified as the Legal Person described in my application form & verified by the corresponding proofs of identity I have supplied & declared as valid (hereinafter referred to as the “agency worker” or “you”).
NATURE OF ENGAGEMENT
The company will act as an employment business in respect of this agreement and will endeavour to find warehouse, picking & packing, or any other type of suitable Industrial environment assignments for you.
The employment business does not provide any other goods or services in respect of which you may be charged a fee.
Work assignments will be offered to you on an “ad hoc” basis as and when the employment business matches you with suitable clients. You are free to accept or decline such assignments. You are not guaranteed continuous work and we are under no obligation to offer you further assignments. No contract shall exist between the employment business and yourself in periods between agreed work assignments.
Although you are free to engage in other work, if you already have or are considering any additional work, you should notify the employment business; solely for the purposes of any implications from working time legislation arising, may be discussed.
For the avoidance of doubt, you are engaged as temporary Agency Worker. This contract for services and any attachments or particular assignment schedules do not therefore constitute a contract of employment between you and the employment business.
Assignments may be offered to you on an hourly, daily, weekly, or other basis. Attendance at work assignments will be in accordance with the assignment schedule for that particular assignment. When you have agreed to attend a work assignment and are unable to do so, you are required to notify Kovacs Group immediately by emailing firstname.lastname@example.org or by telephoning the 24hour line on 07913 179806 this number is monitored 24hours a day, you may leave a voice mail.
NOTIFICATION REQUIREMENTS TO END AN ASSIGNMENT
The employment business (or the client to whom you are assigned) may end an assignment at any time without prior notice or liability. You may terminate an assignment at any time by immediately informing the employment business.
The employment business reasonably expects to achieve a minimum level of the either the statutory National Minimum Wage or the National Living Wage as applicable to you. However, your actual payment in respect of any assignment may be more than the above amount and you will be notified of the applicable rate when you are offered an assignment.
You will become entitled to equal treatment under the Agency Workers Regulations 2010 with regard to pay after you have accrued 12 weeks in a particular role with a client organisation. Where this is the case, you will be advised separately of the relevant rate at the appropriate time. Please note that equal treatment does not relate to all aspects of pay.
You will be paid in respect of work done regardless of whether or not the employment business receives payment from the client to whom you are assigned.
Payment will be made weekly in arrears by bank credit transfer following submission of a properly completed time sheet. Statutory deductions such as income tax and NI contributions will be made from the payments.
Non-submission or incorrectly completed time sheet documentation may result in adjusted hours being paid. However any hours under paid or over paid as an adjustment for non submission or late submission of time sheets will be rectified in the next pay period.
Any absence, for whatever reason, whilst on an agreed assignment must be reported at the earliest opportunity on the day in question to enable alternative arrangements to be made. Notification should be made by contacting email@example.com or by telephoning the 24hour line on 07913 179806 this number is monitored 24hours a day, you may leave a voice mail
We do not operate a contractual sickness/injury payment scheme for agency workers.
STATUTORY ANNUAL LEAVE
You are entitled to 5.6 weeks paid annual leave. For part years of service, entitlement will be calculated on a pro rata basis.
You will become entitled to equal treatment in relation to annual leave entitlement under the Agency Workers Regulations 2010 after you have accrued 12 weeks in a particular role with a client organisation. Where this is the case, you will be advised separately of the relevant entitlement at the appropriate time.
You should give at least 1 week’s written notice of your intention to take holidays and 1 week’s written notice is required for odd single days. Such notice should be given to firstname.lastname@example.org
The employment business will allocate agreed leave dates to take account of business needs and the arrangements made by other agency workers and our clients own employees to ensure operational efficiency. The employment business reserves the right to refuse leave requests if they conflict with the needs of the business and may, with due notice, require that you take your annual leave on specified dates.
Annual leave must be taken in the leave year in which it is accrued. You will not be allowed to “carry over” any annual leave into a subsequent leave year.
You will not be entitled to any payment for bank holidays or public holidays unless you are actually required to work them or they are taken as part of your statutory annual leave.
Payment in respect of statutory annual leave will be in accordance with the Working Time Regulations. In the event of the termination of your contract any annual leave accrued but not taken will be paid in lieu. However, in the event of you having taken more paid leave than you have accrued pro-rata, then the appropriate payments will be deducted from your final payment. This is an express written term of your contract for services.
INFORMATION ABOUT PREVIOUS ASSIGNMENTS
You shall inform us at the earliest possible opportunity prior to an assignment, or during each assignment, of any instances where you have worked in the past two years, in the same or similar role with the client or any member of the client’s group with whom we have placed you for assignment, via a third party. You shall provide us with details of such work and the periods during which it was carried out. You will comply with any reasonable requests we make for the provision of such information.
HEALTH & SAFETY AT WORK
Under Health and Safety legislation each individual has a legal responsibility for their own welfare and for the health and safety of others. You must take all reasonable steps to safeguard your own safety and the safety of any other person who may be present and comply with the health and safety policies of any client to whom you are assigned.
You are under no obligation to accept an offer of an assignment, but if you do so, you agree, during every assignment and afterwards as appropriate, to observe the following conditions:
EQUALITY, INCLUSION AND DIVERSITY POLICY
The employment business is committed to the principle of equality regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation. Policies will be applied that are fair, equitable and consistent with skills and abilities. You have a duty to support the employment business in implementing these policies to ensure equality of opportunity.
COMPLAINING ABOUT DISCRIMINATION OR HARASSMENT
If you believe you are the victim of minor discrimination or harassment you should first make it clear to the discriminator/harasser that their behaviour is unwelcome and politely ask them to stop. If you feel unable to do this, or if this approach fails, or if the discrimination/harassment is more serious, you should discuss the matter with a senior employee of the employment business, who will endeavour to resolve the situation on your behalf.
We operate a contributory pension scheme which you will be auto-enrolled into (subject to the conditions of the scheme). The scheme enables you to save for your retirement using your own money, together with tax relief and contributions from the company. Further details are available separately.
I have read and understand the conditions relating to this work engagement and agree to my personal details being retained by the employment business for the purpose of matching me with suitable clients and contacting me with offers of ad hoc work assignments. I understand that this engagement, and any future work assignments will not indicate an employment relationship between the employment business and myself.
Equality, Inclusion and Diversity Policy
As a Sub-Contractor, I declare that I have had no health issues which could affect my ability to work In particular;
If any of the above affects me after I have commenced work; I will inform the company as soon as possible
Sub-Contractor declaration: I have read the above and fully understand my obligation to inform the company