Common use of TEMPORARY TO PERMANENT Clause in Contracts

TEMPORARY TO PERMANENT. 5.1 If, following the Introduction or supply of a Temporary Worker by the Employment Business to the Client within the Relevant Period, the Client Engages the Temporary Worker, the Client will pay the Employment Business Introduction Fee. 5.2 The Introduction Fee will not be payable if the Client gives written notice to the Employment Business that it intends to continue the hire of the Temporary Worker for a further period of one month (an Extended Assignment) before it Engages the Temporary Worker other than through the Employment Business. 5.3 Where the Temporary Worker has previously undertaken an Assignment for the Client – 5.3.1 the Temporary Worker Fees payable by the Client during the Extended Assignment shall be those applicable immediately before the Employment Business received the Client's notice of election; and 5.3.2 the hours of work per week during the Extended Assignment shall be deemed to be the greater of (i) the average number of hours of work per week undertaken during the Temporary Worker’s most recent Assignment for the Client and (ii) the number of hours per week actually worked by the Temporary Worker during the Extended Assignment 5.4 Where there has been an Introduction of the Temporary Worker but the Temporary Worker has not undertaken any Assignments, the Temporary Worker Fees payable by the Client during the Extended Assignment shall be calculated by reference to – 5.4.1 the Minimum Rate; and 5.4.2 such hours per week as the Temporary Worker actually works during the Extended Assignment subject to a deemed minimum of 10 hours per week. 5.5 At the end of the Extended Assignment, the Client may Engage the Temporary Worker without paying the Introduction Fee. 5.6 If the Client chooses an Extended Assignment, but engages the Temporary Worker before the end of the Extended Assignment, the Introduction Fee may be charged by the Employment Business, reduced proportionately to reflect the amount of the Extended Assignment paid for by the Client. 5.7 The Introduction Fee shall be £3,000 except where clause 5.8 applies. 5.8 If the Client notifies the Employment Business in writing that it has Engaged the Temporary Worker on or before the Engagement commences, then in the interests of the Employment Business investing in its relationship with Client the Introduction Fee shall be discounted in such circumstances to: 5.8.1 £1 000 if the Temporary Worker has completed less than 10 Shifts for the Client; or

TEMPORARY TO PERMANENT. 5.1 If, following The Client shall be liable to pay an Introduction Fee at the Introduction rate set out in the Schedule if the Client engages a Temporary Worker Introduced by the Employment Business other than via the Employment Business or supply introduces the Temporary Worker to a third party and such introduction results in an Engagement of a the Temporary Worker by the third party other than via the Employment Business to and: where the Client Temporary Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period, the Client Engages ; or where the Temporary WorkerWorker has not been supplied, such Engagement takes place within 3 months from the Client will pay date of the Employment Business Introduction Fee. 5.2 to the Client. The Introduction Fee will not be payable payable, if the Client gives written notice to the Employment Business that it intends to continue the hire of the Temporary Worker for a further period of one month (an Extended Assignment) specified in the Schedule before it Engages the Temporary Worker other than through the Employment Business. 5.3 . Where the Client decides (in accordance with clause 4.2) to have the Temporary Worker has previously undertaken an Assignment supplied by the Employment Business for the Client – 5.3.1 Extended Assignment: the Temporary Worker Fees payable by the Client during the Extended Assignment shall be those applicable immediately before the Employment Business received the Client's notice of election; and 5.3.2 the hours of work per week during the Extended Assignment shall be deemed to be the greater of (i) the average number of hours of work per week undertaken during the Temporary Worker’s most recent Assignment for the Client and (ii) the number of hours per week actually worked by the Temporary Worker during the Extended Assignment 5.4 Where there has been an Introduction of the Temporary Worker but the Temporary Worker has not undertaken any Assignments, the Temporary Worker Fees payable by the Client during the Extended Assignment shall be calculated by reference to – 5.4.1 the Minimum Rate; and 5.4.2 such hours per week as the Temporary Worker actually works during the Extended Assignment subject to a deemed minimum of 10 hours per week. 5.5 At at the end of the Extended Assignment, the Client may Engage the Temporary Worker without paying the Introduction Fee. 5.6 If ; and if the Client chooses an Extended Assignment, but engages the Temporary Worker before the end of the Extended Assignment, the Introduction Fee may be charged by the Employment Business, reduced proportionately to reflect the amount of the Extended Assignment paid for by the Client. 5.7 The . VAT is payable in addition to any Introduction Fee due. If the Engagement of the Temporary Worker is for any reason terminated within the following period(s) from his start date of work, the Employment Business shall make the following refunds of the Introduction Fee (as appropriate): Refund (as a % of the Introduction Fee set out in clause 4.1 above) 100% 75% 50% 25% The Employment Business will only provide a refund of the Introduction Fee if: the Client informs the Employment Business within 7 days of the termination of the Engagement; and the Introduction Fee has been settled in full within 14 days of the date of the invoice. The Employment Business will not make any refund of the Introduction Fee where the Engagement of the Temporary Worker is via a different employment agency or employment business (temp-to-temp). The Employment Business shall notify the Client immediately if it believes that any Temporary Worker is unsuitable for the Assignment or becomes aware of any matter that indicates that a Temporary Worker may be £3,000 except unsuitable for the Assignment or is inconsistent with any information previously provided including where clause 5.8 applies. 5.8 a Temporary Worker ceases to have the appropriate skills, approvals or a right to work in the United Kingdom or where this agreement may be or has been breached. If the Client notifies decides that a Temporary Worker is unsuitable to perform the Assignment (an Unsatisfactory Temporary Worker), then the Client shall notify the Employment Business in writing of that it has Engaged fact giving the grounds for its dissatisfaction with the Unsatisfactory Temporary Worker. If the Client notified the Employment Business of an Unsatisfactory Temporary Worker in accordance with clause 5.2: within 24 hours of the commencement of the Assignment, then the Assignment will immediately terminate and no Temporary Worker Fees shall be payable, and in all other cases the Assignment shall terminate at the end of the day on which the Employment Business was notified, and Temporary Worker Fees shall be payable up to the date of such termination. The Employment Business or the Client may terminate an Assignment at any time on reasonable notice. The Client reserves the right to change its requirements at any time before the commencement of the Assignment without any liability of the Client to the Employment Business whatsoever, save for the payment of Temporary Worker Fees due and payable for services already performed. Such cancellation or amendment shall be effective immediately upon the giving by the Client of notice to the Employment Business (which may be given by telephone, e-mail or in writing). The Client will pay the Employment Business Temporary Worker Fees in respect of Temporary Workers as set out in the Assignment Details Form. The parties agree to those rates as set out in the Schedule. The Employment Business reserves the right to amend the rates set out in the Schedule, upon agreement with the Client and by giving the Client 14 days’ written notice. The Temporary Worker Fees comprise the Temporary Worker's pay and holiday pay, and include the Employment Business's commission and employer's National Insurance contributions and any other statutory payments that the worker may become entitled to. When booking a Temporary Worker for an Assignment, the Employment Business shall advise the Client of the agreed Temporary Worker Fees for that Temporary Worker. The following conditions apply to the Temporary Worker on or before Fees: they are calculated according to the Engagement commencesnumber of hours worked by the Temporary Worker (to the nearest quarter hour); the Client shall during the Assignment sign a time sheet verifying the number of hours worked by the Temporary Worker during a particular week. If the Client is unable to sign a time sheet produced for authentication by the Temporary Worker because the Client disputes the hours claimed, then in the interests of Client shall inform the Employment Business investing as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what hours, if any, were worked by the Temporary Worker. Failure to sign the time sheet does not absolve the Client of its relationship with Client the Introduction Fee shall be discounted in such circumstances to: 5.8.1 £1 000 if obligation to pay the Temporary Worker has completed less than 10 Shifts Fees in respect of the hours actually worked; it is acknowledged that the Client shall not decline to sign a time sheet on the basis that it is dissatisfied with the work performed by the Temporary Worker. In cases of unsuitable or unsatisfactory work the provisions of clause 5.2 shall apply. all invoices shall be submitted with all applicable signed time sheets verifying the number of hours worked by the Temporary Worker; the Client shall be invoiced weekly and invoices are payable within 7 days of receipt. No fee is incurred by the Client until the Temporary Worker commences the Assignment, when the Employment Business will render an invoice to the Client in respect of the Temporary Worker Fees; for the Clientavoidance of doubt, the Client shall not be required to pay Temporary Worker Fees for any absences (for whatever reason) of a Temporary Worker; orthe Employment Business shall not withhold any payment due to a Temporary Worker because of any failure by the Client to pay the Employment Business;

TEMPORARY TO PERMANENT. 5.1 IfSubject to clause 5.6 below, following if the Introduction or supply Client chooses not to extend the period of a hire pursuant to the terms of this clause 5 and wishes to employ the Temporary Worker (whether under a contract of service or for services by the Employment Business Temporary Worker) or wishes to introduce the Client within Worker to any other person who, as a result of that introduction, employs the Relevant PeriodTemporary Worker (whether under a contract of service or for services by the Temporary Worker), the Client Engages the Temporary Worker, the Client will may do so but shall first pay the Employment Business introduction fee set out below ("the Introduction Fee. 5.2 The Introduction Fee will not be ") and all other fees payable if the Client gives written notice to the Employment Business in relation to that it intends Temporary Worker:- £0 - £17,999 15% of total annual commencing salary £18,000 - £24,999 20% of total annual commencing salary £25,000 + 25% of total annual commencing salary 5.2 Subject to continue clause 5.6 below, where the Client wishes to take a Temporary Worker into employment or engagement on a commission orientated or self-employment basis by the Client, the fee payable shall be equal to amount the Temporary Worker would reasonably be expected to earn or £10,000.00, whichever is the greater, and the fee shall be paid by the Client before the employment or engagement commences. 5.3 Where a Worker is proposed to be taken into employment the Client or other person shall be obliged to divulge the Employee's salary within 7 days of terms being offered to the Worker, or of being requested to do so whichever is sooner, and where the Client or other person to whom he has been introduced does not divulge the Employee’s salary within the 7 day period the Employment Business shall charge the Client a fee of £10,000.00 such fee shall be payable within 7 days. 5.4 No guarantee period will be given and all fees are subjected to VAT. 5.5 Salary shall be deemed to include any weighting or similar taxable emoluments. 5.6 If the Introduction Fee or other fees payable under this clause 5 or generally have not been paid by the Client prior to the proposed employment or engagement, the hire of the Temporary Worker for a further period shall deem to continue in accordance with the terms of one month (an Extended Assignment) before it Engages the Temporary Worker other than through the Employment Business. 5.3 Where the Temporary Worker has previously undertaken an Assignment for the Client – 5.3.1 the Temporary Worker Fees payable by the Client during the Extended Assignment shall be those applicable immediately before the Employment Business received the Client's notice of election; and 5.3.2 the hours of work per week during the Extended Assignment shall be deemed to be the greater of (i) the average number of hours of work per week undertaken during the Temporary Worker’s most recent Assignment for the Client and (ii) the number of hours per week actually worked by the Temporary Worker during the Extended Assignment 5.4 Where there has been an Introduction of the Temporary Worker but the Temporary Worker has not undertaken any Assignments, the Temporary Worker Fees payable by the Client during the Extended Assignment shall be calculated by reference to – 5.4.1 the Minimum Rate; and 5.4.2 such hours per week as the Temporary Worker actually works during the Extended Assignment subject to a deemed minimum of 10 hours per week. 5.5 At the end of the Extended Assignment, the Client may Engage the Temporary Worker without paying the Introduction Fee. 5.6 If the Client chooses an Extended Assignment, but engages the Temporary Worker before the end of the Extended Assignment, this agreement until the Introduction Fee may be charged by or other fees are paid in full and in accordance with agreed payment terms, irrespective of whether the Employment Business, reduced proportionately to reflect the amount of the Extended Assignment paid for by the Clientproposed employment or engagement subsequently occurs. 5.7 The Introduction Fee shall be £3,000 except where clause 5.8 applies. 5.8 If the Client notifies the Employment Business in writing that it has Engaged the Temporary Worker on or before the Engagement commences, then in the interests of the Employment Business investing in its relationship with Client the Introduction Fee shall be discounted in such circumstances to: 5.8.1 £1 000 if the Temporary Worker has completed less than 10 Shifts for the Client; or