Professional Documents
Culture Documents
2. Sub-Contractor Obligations
2.1 The Sub-Contractor confirms that he is self-employed running his own business and agrees that
he has no authority to bind the Company in any way and shall not represent that any such authority
exists. The Sub-Contractor must not incur any liability on behalf of the Company and must not make
any arrangement, formal or informal, on behalf of the Company without seeking the approval of the
Company.
2.2 The Sub-Contractor is entitled to accept and perform engagements from other contractors or
third parties at any time. By entering into this Agreement, the Sub-Contractor agrees that he will
make himself available to execute Services as required (subject to other business commitments) but
shall not be obliged to accept any work.
2.3 The Sub-Contractor will be subject to the Agency Legislation in respect of any Assignment
during which he is subject to Control by any person. In such circumstances, the Sub-Contractor is to
be treated for income tax purposes as holding an employment.
2.4 The Sub-Contractor agrees to comply with any reasonable request for information with regard to
his being subject to Control (or the right of Control) by any person and to respond to such requests
within the stipulated timescales.
2.5 The Sub-Contractor shall provide safe systems of work for himself and any Substitute
Personnel. The Sub-Contractor recognises the responsibilities of self-employed persons under the
Health and Safety at Work Act and related legislation and agrees to follow the Company's Health and
Safety policies as far as they affect self-employed persons.
2.6 The Sub-Contractor is required to provide, at his own expense, sufficient insurance to cover third
party risks in relation to persons and property and against liability in respect of accident or injury to
Substitute Personnel whilst undertaking any Services. This insurance certificate must be presented
to a Company Representative prior to undertaking work under this Agreement. The Company may
be able to provide a list of suitable insurers if required.
2.7 In the event that the Sub-Contractor accepts an Assignment and is unable or unwilling to
undertake the work personally, he will be required to engage Substitute Personnel in order to fulfil
the Assignment. In the event that the Sub-Contractor is unable to locate suitable Substitute
Personnel, the Company will make the necessary arrangements to ensure that the Assignments are
completed. Any costs associated with replacing the Sub-Contractor will be re-charged by the
Company to the Sub-Contractor or monies will be withheld from future payments to the Sub-
Contractor.
2.8 In the event that Substitute Personnel are supplied by the Sub-Contractor to carry out any of the
Services, the Sub-Contractor will remain responsible for all employment matters, costs and claims,
the quality of the workmanship and for payment to any Substitute Personnel and the Sub-Contractor
will indemnify and keep the Company indemnified in respect of any claims, demands, costs,
liabilities or actions in respect thereof. The rate agreed with the Sub-Contractor includes any costs
associated with the engagement of Substitute Personnel engaged by the Sub-Contractor. The
Company will have no contractual relationship with such additional operatives.
2.9 The Sub-Contractor confirms that both the Client to whom the Services will be provided has
been informed, and accepted, that the Sub-Contractor may use Substitute Personnel to fulfil the
terms of the Assignment.
2.10 The Sub-Contractor will provide, at his own expense, all tools and other equipment as shall be
necessary to carry out the Assignment.
2.11 Pursuant to Regulation 3(2)(a)(b), the Sub-Contractor agrees that the Agency Worker
Regulations 2010 will not apply to this Agreement.
2.12 Where applicable, the Sub-Contractor is required to inform the Company as soon as it
becomes apparent that the Sub-Contractor has worked or is likely to work at a particular location in
excess of 24 months and, in any event, must inform the Company when he has been working at a
particular location for 20 months or more.
4. Company Obligations
4.1 The Company is under no obligation to offer or provide Assignments on a continuous basis to
the Sub-Contractor and nothing in this Agreement shall commit or shall be construed as committing
the Company to offer or provide such work. A Schedule/Works Order may be issued for each
Assignment under this Agreement.
4.2 Any Schedule/Works Order will stipulate whether, in accordance with the Agency Legislation, the
remittance payable to the Sub-Contractor will be treated as Employment Income and so, subject to
PAYE Tax and National Insurance Contributions (NIC).
4.3 In the event that a Sub-Contractor accepts a Works Order and is unwilling or unable to fulfil the
Works Order personally, the Company will give the Sub-Contractor the opportunity to find Substitute
Personnel within the original contract timeframe. The Sub-Contractor named in this Agreement will
be responsible for payment and the quality of workmanship of his Substitute Personnel in
accordance with clause 2.8.
4.4 In the event that the Sub-Contractor is unable or unwilling to provide Substitute Personnel, the
Company may, at its discretion, offer the contract to a replacement Sub-Contractor to meet Client
requirements. Any charges associated with engaging with a replacement Sub-Contractor will be re-
charged to the Sub-Contractor.
4.5 Under no circumstances will the Company pay the Sub-Contractor for any hours where no
services are provided.
4.6 The Company accepts that the Sub-Contractor is acting in a genuine business to business
relationship. Pursuant to Regulation 3(2)(a)(b) AWR the AWR will not apply to this Agreement.
4.7 During periods where the Sub-Contractor's tax status pursuant to the Agency Legislation is that
of employed, the Company will, at its discretion, administer claims for eligible travel expenses
incurred in the course of provision of the Services. Where eligible expenses are payable the
Contract Sum will be adjusted to arrive at the level of profit which will be subject to PAYE Tax and
Class 1 NIC. Claims must be made in accordance with the Company Expense Policy and approved
by the Company.
5. Payment Terms
5.1 The Sub-Contractor shall maintain an accurate timesheet detailing the number of hours worked.
At the end of each week of an Assignment, the Sub-Contractor shall deliver to the Client a timesheet
duly completed to indicate the number of hours worked by the Sub-Contractor and any Substitute
Personnel during the preceding week and request that it be signed by an authorised representative
of the Client.
5.2 The Company operates a self-billing system and will provide the Sub-Contractor with a periodic
remittance advice, including by electronic means where agreed between the parties. If the Sub-
Contractor is registered for VAT, the Sub-Contractor will need to complete a separate self-billing
agreement. Invoices raised shall, where applicable, constitute a VAT invoice and will include PAYE
Tax and NIC deductions as appropriate when the Agency Legislation applies.
5.3 The Contract Sum will be agreed between the Company and the Sub-Contractor. Any rate
specified by the Client on the Schedule/Works Order will represent the rate agreed between the
Company and the Client for the supply of Services and will have no relevance to the Contract Sum
agreed with the Sub-Contractor.
5.4 The Company shall settle all approved invoices within 7 days of receipt unless otherwise agreed
by electronic transfer into the nominated bank account the details of which shall be provided by the
Sub-Contractor.
5.5 The Sub-Contractor acknowledges and accepts that he is trading as a business and, as such,
the Company will not pay statutory sick pay, holiday pay and statutory maternity pay or contribute to
or make available a pension scheme to the Sub-Contractor or his representatives.
5.6 The Company shall be under no obligation to make a payment in accordance with clause 5.3 if,
at the time the payment is otherwise due, the Sub-Contractor has failed to perform his obligations
under clause 5.1.
6. Provision of Transport
6.1 The Sub-Contractor will ensure that he has appropriate transport in order to fulfil any Assignment
which may be offered.
7. Taxation
7.1 Save for when the Agency Legislation applies, the Sub-Contractor shall be responsible, for all
taxes in relation to the provision of Services to the Company together with all employment
obligations in connection with any person engaged by the Sub-Contractor in carrying out
Assignments for the Company.
7.2 The Sub-Contractor shall defend and keep the Company fully and effectively indemnified against
any damage, claim, cost, expense or liability the Company may suffer arising out of or relating to any
Taxes associated with this Agreement outside those Assignments when his remittance is paid as
Employment Income.
9. Confidentiality
9.1 The Sub-Contractor shall not, either during the continuance of this contract (otherwise than in the
performance of the Services) or at any time after its termination, use, divulge or communicate to any
person, and shall use his best endeavours to prevent the unauthorised publication, use or disclosure
of, any trade secrets or other confidential information relating to the business or affairs of the
Company, the Client, or of any person or organisation to whom the Services have been provided.
9.2 Clause 9.1 shall cease to apply to information which is required to be disclosed by the Sub-
Contractor by law or which has come into the public domain otherwise than through the default of the
Sub-Contractor.
9.3 The Company or the Client as appropriate, shall retain the ownership of all Intellectual Property
of whatever nature in all documents or other information and devices or processes provided or
created by the Sub-Contractor in the performance of the works or otherwise in relation to the Project.
9.4 In the event that any allegation or claim is made against the Company for a violation or
infringement of any patent, copyright, registered design or other form of Intellectual Property rights
held by a third party as a result of the Sub-Contractor's actions, the Sub-Contractor will indemnify the
Company against all claims whatsoever made against the Company and hold it harmless from any
loss or damage including all costs and expenses arising directly or indirectly out of such allegation or
claim.
11. Miscellaneous
11.1 Both parties hereby acknowledge that they have had an opportunity to take independent legal
advice where necessary before signing this Contract for Services.
11.2 This Contract for Services is governed by the laws of England and Wales.
Signed on behalf of the Company
AlinCornel
DobrinMIHAI TEADY
Haines Ltd
SERVICES LTD
Integration Test
1. Are you subjected to the end Clients YES/NO (delete where appropriate)
disciplinary & grievance procedures?
2. Do you receive the following payments from Sick Pay - YES/NO (delete as appropriate)
the Agency or the end client;
Holiday Pay - YES/NO (delete as appropriate)
Sick Pay
Holiday Pay Maternity/Paternity Pay - YES/NO (delete as
Maternity/Paternity Pay appropriate)
3. Do you receive any direct benefits from the YES*/NO (delete as appropriate) (*if YES
end Client in the same way as their please provide details)
employees?
Financial Risk
9. Is someone supervising the work you carry YES*/NO (delete as appropriate) (*if YES
out? please provide details)
11. Is someone dictating what, when and how YES*/NO (delete as appropriate) (*if YES
you go about completing the work? please provide details)
12. If the Agency or end Client offers you YES*/NO (delete as appropriate) (*if YES
another assignment are you under an obligation please provide details)
to accept it?
14. If required are you able to provide a YES/NO* (delete as appropriate) (*if NO please
Substitute to complete the work? provide details)
15. Are you able to work on more than one YES/NO* (delete as appropriate) (*if NO please
assignment at any one time? provide details)
16. Are you providing your personal services to YES*/NO (delete as appropriate) (*if YES
the end Client? please provide details)
Signature: ______________________________________
Date: 02/02/2022
21/07/2020
Data Protection Consent Form
You confirm that you give consent for us to process your sensitive personal data and to
pass on your personal data to the stated third parties;
Privacy Notice
Our lawful basis for processing your data is for (f) Processed in line with individuals' rights.
the performance of your contract of employment. (g) Secure.
Sensitive Personal Data (h) Not transferred to people or organisations
Certain data is classified as 'sensitive personal situated in countries without adequate protection.
data'. This will include data about; Your Rights
You have the right to:
your racial or ethnic origin
your political opinions (a) Request access to any personal data we hold
your religious beliefs or other beliefs of a about you.
similar nature
your membership or non-membership of a (b) Prevent the processing of your data for direct-
Trade Union marketing purposes.
your physical or mental health or condition
your sex life (c) Ask to have inaccurate data held about you
any commission or alleged commission of amended.
any offence committed or alleged to have
been committed by you, the disposal of (d) Prevent processing that is likely to cause
such proceedings or the sentence of any unwarranted substantial damange or distress to
court in such proceedings you or anyone else.
(e) Object to any decision that significantly
The Data That You Have Given To Us affects you being taken solely by a computer or
other automated process.
As your employer/contractor, we need to hold
your personal data to enable us to operate your Providing Information to Third Parties
contract of employment/contract for services. In some cases, we are required by law to pass
In holding your personal data, we will comply with your data on to a third party. This will apply to
t h e eight data protection principles which instances such as setting up a workplace
require that your data must be; pension scheme, arranging payment of your
wages and arranging payment of tax and
(a) Processed fairly and lawfully National Insurance Contributions.
If there are no grounds in data protection law for
us to pass your personal and sensitive data on to
a third party, we must obtain your consent before
passing on your details.
Key Information Document
This document sets out key information about your relationship with us and the intermediary or
umbrella company used in your engagement, including details about pay, holiday entitlement and
other benefits.
The Employment Agency Standards (EAS) Inspectorate is the government authority responsible
for the enforcement of certain agency worker rights. You can raise a concern with them directly
on 020 7215 5000 or through the Acas helpline on 0300 123 1100, Monday to Friday, 8am to
6pm.
GENERAL INFORMATION
How often the umbrella company and you Weekly / Fortnightly / Monthly
will be paid:
You are being paid through an intermediary or 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. We will still be finding you assignments.
The money earned on your assignments will be transferred to the umbrella company as part of
their income. They will then pay you your remuneration. All the deductions made which affect
your remuneration are listed below. If you have any queries about these please contact us.
Your remittance advice may show you as a contractor of the umbrella company listed below.
Any other deductions from umbrella income Margin e.g. £10.00 per week
(to include amounts or how they are
calculated):
Expected or minimum rate of pay to you: Prevailing NMW /NLW age related rate
Deductions from your wage required by law: Tax and Employee’s National Insurance
(deductible under the application of
section 44 Income Tax (Earnings and
Pensions) Act 2003)
EXAMPLE PAY