1 DEFINITIONS In these Terms of Engagement the following definitions apply 1 “ASSIGNMENT “ means the period 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. “EMPLOYMENT BUSINESS” means Tekstar Ltd t/a Hydra People 18 Hambalt Road London SW4 9EF TEMPORARY WORKER means the person whose name and details appear above. Relevant Period means the longer period of either 14 weeks from the first day from which the Temporary Worker worked for the client or 8 weeks from the day after the temporary worker was last supplied. “first day” will be the first occasion on which a Temporary Worker is supplied to work for a client or the first day of an assignment where there has been more than 42 days since the end of any previous assignment. 2 Unless the context otherwise requires ,references to the singular include the plural and references to the masculine include the feminine and vice versa. 3 The headings contained in these Terms are for convenience only and do not affect their interpretation. 2 THE CONTRACT 1 These Terms constitute a contract r for services between the Employment Business and the Temporary Worker and they govern all assignments. 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 required to make Statutory deductions from his remuneration in accordance with clause 4.1 3 No variation or alteration of these Terms shall be valid unless the details of such variations are agreed between the Employment Business and the Temporary worker and set out in writing and a copy of the varied terms is given to the Temporary Worker stating the date on or after which such varied terms shall apply. 4 It is acknowledged that these terms of engagement shall supercede all prior representations , arrangements, understandings ,terms of engagements and agreements between the Employment Business and the Temporary Worker. 5 The Temporary Worker irrevocably and unconditionally waives any right that it may have to claim damages for any representation not contained in these Terms ( unless such misrepresentation or representations was made fraudulently) 3 ASSIGNMENTS 1 The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker to work.. The Temporary Worker shall not be obliged to accept an assignment offered by the Employment Business. 2 The Temporary Worker acknowledges that the nature of temporary work means there may be periods when no suitable work is available and agrees: that the suitability of the work to be offered shall be determined solely by the Employment Business : 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 and that no contract shall exist to the Temporary Worker and the Employment Business during periods when the Temporary Worker is not working on an Assignment , 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 the date on which the Temporary Worker commences the first Assignment. 4 If before the first assignment during the course of an assignment or within the relevant period the Client wishes to employ the Temporary worker direct or through another employmet business ,the Temporary worker acknowledges that the Employment Business will be entitled either to charge THE Client a fee or agree an extention of the hiring period with the Client at the end of which the Temporary Worker may be engaged directly by the Client or through another employment business , without further charges to the Client. In addition the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Temporary Worker to a third party who subsequently engages the Temporary Worker within the Relevant Period. 4 REMUNERATION 1 The Employment business shall pay to the Temporary Worker remuneration calculated at the minimum hourly rate of $6.50 ( or the National Minimum Wage whichever is the greater ) being the minimum rate of Remuneration the Employment Business reasonably expects to achieve for all hours worked .The actual rate will be notified on an Assignment basis ,for each hour worked during an Assignment ( to the nearest half hour )to be paid weekly in arrears, subject to deductions in respect of PAYE pursuant to Sections 44-47 of the Income Tax ( Earnings and Pensions ) Act 2003 and Class 1 National Insurance Contribution and any other deductions which the Employment Business may be required to make . Also to include any deductions for company loans to achieve UK WRS Employment Status. 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 reasons unless otherwise agreed 5 STATUTORY LEAVE 5.1 For the purpose of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 as amended from time to time (the Regulations )under this clause ,the leave year commences on a the date that the Temporary Worker starts an Assignment or a series of Assignments. 5.2 Under the Regulations,The Temporary Worker is entitled to 4.8 weeks on and from 1 October 2007.All entitlements to leave must be taken during the course of the leave year in which it accruesand none may be carried forward to the next year. 5.3 Under the Regulations the Temporary Worker agrees that the Employment business may roll up and include the payment in respect of holiday in the hourly rate of pay, so that the part of your hourly rate that represents rolled-up holiday pay amounts to an additional payment equal to 10.169% of your normal rate of pay, which is paid in respect of up to your statutory entitlement of holiday taken in the leave year, and which the employment business will be entitled to set off against any payments otherwise due to the Temporary Worker pursuant to the Regulations during the actual period of leave. For example, for every $100 gross payment $90.77 represents payment of work, and $9.34 represents a rolled-up holiday pay. In accordance with this clause the Temporary worker agrees that the employment business shall not make, and the Temporary Worker shall not be entitled to,any payments during any periods of leave. 5.4 None of the Provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Workers status as a self employed worker. 6 SICKNESS ABSENCE 6.1 The temporary worker is not entitled to payment from the Employment Business or its clients from time not spent on assignment whether in respect of illness or absence or any other reason 7 TIME SHEETS 7.1 At the end of each day the supervisor and client will agree hours worked by the temporary worker – these will be submitted electronically on a daily basis. 7.2 Subject to clause 7.3 the Employment Business shall pay the Temporary Worker for all hours worked regardless of whether the Employment Business has received payment for the client for those hours. 7.3 Where the Supervisor has failed to submit hours on a timely basis, the Employment Business will conduct further investigations into the hours worked .This may slightly delay payment to the Temporary Worker. The Employment Business will make no payment to the Temporary Worker for hours not worked. 7.4 For the avoidance of doubt and the purpose of the Working Time Regulations the Temporary Worker working Time shall only consist of those periods during which he is carrying out his activities or duties as part of the assignment. Time spent travelling to the Clients premises lunch breaks and other rest beaks shall not count as part of the Temporary Workers working time for these purposes. 8 CONDUCT OF ASSIGNMENTS The Temporary worker is not obliged to accept any assignment offered by the Employment Business but he does so,during every Assignment and Afterwards where appropriate he will: a) Co-Operate with the Client’s reasonable instructions and accept the direction ,supervision and control of any responcible person in the Clients organisation. b) Observe any relevant rules and Regulations of the Clients establishment ( including normal hours of work ) to which attention has been drawn or which the Temporary Worker might reasonably expected to ascertain. c) Take all reasonable steps to safeguard his own health and safety and that of any other person who may be present or be affected by his or her actions on the assignment and comply with the health and safety regulations of the client. d) Ensure that he has received a site induction and the works that he undertakes have had a method statement and risk assessment. e) Not engage in any conduct detrimental to the interests of the client. f) Not at time divulge to any person nor use for his own benefit, any confidential information relating to the Clients or the Employment Business, employees, business affairs , transactions or finances. 8.2.1.1 If the Temporary Worker is unable for any reason to attend work during the course of an assignment he should inform his supervisor or the Hydra Central Operations Centre within one hour of the commencement of a shift. 8.2.2 If either during the course of an assignment,the Temporary Worker becomes aware of any reason why he may not be suitable,for an Assignment he should his supervisor straight away. 8.2.3 9 TERMINATION 9.1 The Employment Business or Client may terminate the Temporary Worker’s Assignment at any time without prior notice or liability: 9.2 The Temporary Worker may terminate an Assignment at any time without prior notice or liability. 9.3 If the Temporary Worker does not inform the Employment Business (in accordance with 9.2) should they be unable to work during the course of an assignment this will be treated as termination of the assignment by the temporary worker in accordance with 9.3 unless the Temporary Worker can show that exceptional circumstances prevented him from complying with clause 9.2 9.4 If the temporary worker is absent during the course of an assignment and the contract has not been otherwise terminated under clauses 9.1 ,9.2 0r 9.3 above 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 . 9.5 If the Temporary Worker does not report to the Employment Business to notify his availability for work for a period of three weeks , the Employment Business will forward his P45 to his last known address. 10 LAW 10.1 These terms are governed by the law of England and Wales are subject to the exclusive juridiction of the Courts of England and Wales. 11 ELIGIBILITY TO WORK IN THE UK In agreeing these terms the Temporary Worker confirms the Eligibility to work in the UK . I have read and confirm my agreement to the above terms and conditions and understand that the hourly rate that I receive includes an additional payment rolled up in respect of payment for my statutory annual leave entitlement and such additional payment will be set off against any payment I would otherwise be due under the Regulations. I UNDERSTAND THAT I WILL NOT RECEIVE ANY PAYMENT DURING MY HOLIDAY PERIODS NAME DATE OPT-OUT OF 48 HOUR WORKING WEEK AGREEMENT 1.1.1 “ASSIGNMENT “ means the period 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. “EMPLOYMENT BUSINESS” means Tekstar Ltd t/a Hydra People 18 Hambalt Road London SW4 9EF TEMPORARY WORKER means the person whose name and details appear above. WORKING WEEK means an average of 48 hours each week calculated over a 17 week reference period 1 Unless the context otherwise requires ,references to the singular include the plural and references to the masculine include the feminine and vice versa. 1.1.1 The headings contained in these Terms are for convenience only and do not affect their interpretation. 2 RESTRICTIONS The Working Time Regulations 1998 provide that the Temporary Worker shall not work on an Assignment with the Client in excess of the Working Week unless he agrees in writing that this limit should not apply. 3 CONSENT 3.1.1 The Temporary Worker agrees that the Working Week limit shall not apply to the assignment 4 WITHDRAWEL OF CONSENT 4.1 The Temporary Work may end this agreement by giving the Employment Business three months notice in writing. 4.2 For the avoidance of doubt ,any notice bring this agreement to an end shall not be constued as termination by the Temporary Worker of an Assignment with a Client. 4.3 Upon The expiry of the notice period set out in Clause 4.1 the Working Week Limit shall apply with immediate effect. 5 LAW These terms are governed by the law of England and Wales are subject to the exclusive juridiction of the Courts of England and Wales.