| 2. THE CONTRACT |
| 2.1 These Terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker. However, no contract shall exist between the Employment Business and the Temporary Worker between Assignments. |
| 2.2 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 self-employed worker, although the Employment Business is required to make stationary deductions from his/her renumeration in accordance with clause 4.1. |
| 2.3 No variation or alteration of these Terms shall be valid unless approved by the Employment Business is writing. |
| 3. ASSIGNMENTS |
| 3.1 The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker. |
| 3.2 The Temporary Worker acknowledge that the nature of temporary work means that there may be periods when no suitable work is available and agrees that suitability shall be determined solely by the Employment Business; and that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer any employment. |
| 3.3 For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on Assignment, the start date for the relevent averaging period under the Working Time Regulations shall be 1st October 1998 or the date on which the Temporary Worker commences the first Assignment, if later. |
| 4. REMUNERATION |
| 4.1 The Employment Business shall pay to the Temporary Worker renumeration calculated at a minimum hourly rate of ...................... The actual rate will be notified on a per assignment basis, for each hour worked during an Assignment (to the nearest quarter hour) to be paid weekly in arrears, subject to deductions in respect of PAYE Class I National Insurance Contributions and Income Tax pursuant to S134 of the Income and Corporation Taxes Act 1988 and any other deductions which the Employment Business may be required by law to make |
| 4.2 Subject to any statutory entitlement under the relevent legislation, the Temporary Worker is not entitled to receive payment from the Employment Business or Clients for time spent on Assignment. |
| 5. STATUTORY LEAVE |
| 5.1 For the purpose of calculating entitlement to leave under this clause, the leave year commences on the date that the Temporary Worker status and Assignment or a series of Assignments. |
| 5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 4 weeks paid leave per leave year. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year. |
| 5.3 Entitlement to leave accrues in proportion to the amount of time worked contineously by the Temporary Worker on Assignment during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of such leave is calculated in accordance with and in proportion to the number of standard hours worked on Assignments. For the purpose of calculating payments for Annual leave the standard working hours in relation to Assignments undertaken by the Temporary Worker will be based on the average basic pay over previous 13 consecutive weeks worked. |