Candidate Terms and Conditions ("Agreement")
Parties
Faststream Recruitment Limited of 5 Town Quay Southampton (“Agency”), and;
Candidates seeking to use the Agency for finding work. (“Work-Seeker”)
Whereas
a) The Agency may act in its capacity as an Employment Business for temporary roles and/or an Employment Agency for permanent roles; and
b) The Agency operates globally in the Maritime, Oil and Gas and built Environment markets.
c) This agreement only applies to work seeking services provided by Faststream Recruitment Limited, the UK trading company. These terms do not apply to services provided by Faststream Recruitment Pte Ltd, Singapore and Faststream Recruitment Inc, USA.
1. Definition
1.1. Assignment means the period in which the Work-Seeker is Engaged to supply services to the Client
1.2. Client means company, firm, partnership or person requiring the services of the Work-Seeker.
1.3. Conduct Regulations means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
1.4. Engaged means the employment, engagement or use of the Work-Seeker by the Client on a permanent or temporary basis, whether directly or through a limited company
1.5. Limited Company Contractor means any Work-Seeker who supplies their services through a limited company
1.6. Opting Out shall mean the act of opting out of the Conduct Regulations
1.7. PAYE Contractor means a person Engaged by the Agency on a contract for services and is paid in accordance with s.44 of the Income Tax (Earnings and Pension) Act 2003.
1.8. Registration means a) a Work-Seeker applying for a vacancy advertised upon the Agency’s website or through electronic or other advertising mediums; b) a Work-Seeker registering their details with the Agency by any means with a view to use the Agency’s services.
2. General
2.1. This Agreement represents the entire agreement between the Agency and the Work-Seeker and replaces any previously agreed terms whilst the Agency is performing work seeking services for the Work-Seeker.
2.2. This is deemed to be accepted by the Work-Seeker on Registration or by your consent for the Agency to forward your details to a Client.
2.3. No details shall be passed to a Client without first obtaining the Work-Seekers permission.
2.4. The Work-Seeker shall not incur any charges from the Agency for the provision of the work seeking services.
2.5. At no time will this Agreement constitute a contract of employment between the Work-Seeker and the Agency or any of its Clients.
2.6. The Work-Seeker consents to their personal data being held by the Agency in both manual and digital formats. The Work-Seeker also consents to the data being processed and disclosed within and outside of the European Economic Area for the purposes of provision of work seeking services by the Agency.
2.7. No variation to these terms shall be valid unless approved in writing by a Director of the Agency.
3. Services
3.1. The Agency shall endeavour to match your requirements against vacancies that it has with its Clients. Unless otherwise specified the Agency will consider both Temporary and Permanent vacancies.
3.2. If the Work-Seeker receives an offer to be Engaged on a Temporary contract, The Work-Seeker will be Engaged on a Contract for Services. If the Work-Seeker is Engaged as a PAYE contractor, the following terms and conditions will apply; if the Work-Seeker uses a limited company and does not opt-out of the Conduct Regulations, the following terms and conditions will apply; if the Work-Seeker uses a limited company and has opted out of the Conduct Regulations then the following terms and conditions shall apply.
3.3. If the Work-Seeker is placed in a permanent position with a Client, the Work-Seeker shall receive a contract from the Client.
3.4. Where possible we work with a reciprocal notice period of one week unless otherwise specified in the Assignment Schedule. Any notice is subject to the provisions as set out in the contracts in clause 3.2 above.
3.5. For all Temporary Assignments, the Agencies guarantees that the minimum rate of pay shall be at least equal to the prevailing national minimum wage. The actual rate of pay that the Agency shall pay will vary from Assignment to Assignment and shall be confirmed to the Work-Seeker via the Assignment schedule.
3.6. Where the Work-Seeker is a PAYE contractor or uses a limited company and has not opted out of the Conduct Regulations, the Agency shall pay the Work-Seeker for work done irrespective of whether the Agency has been paid for that work by the Client.
3.7. Unless otherwise advised on the Assignment schedule, all payments for work done shall be made to the Work-Seeker weekly.
3.8. PAYE contractors are entitled to receive paid holidays under the Working Time Regulations 1998 (as amended). PAYE contractors shall receive 28 days annual leave including public and bank holidays (based upon a five day working week or pro-rata if working part-time)/ Limited company contractors shall receive any holiday pay from the Limited Company. The Agency has no further liability to Limited Company Contractors for holiday pay.
4. Complaints
4.1. If the Work-Seeker is dissatisfied with the services provided, then the Work-Seeker should follow the following process:
4.1.1. The issue should be addressed with the Recruitment Consultant the Work-Seeker has been dealing with;
4.1.2. In the event that the Work-Seeker remains dissatisfied, then they should use the formal Complaints procedure as detailed on the website faststream.com
5. Liability
5.1. The Agency shall not be liable under any circumstances for any loss, expense, costs or compensation however arising as a consequence of the Work-Seeker using the Agency to seek work on the Work-Seeker’s behalf or from the Agency’s introduction or engagement of the Work-Seeker by a Client or from the failure of the Agency to find the Work-Seeker suitable work.
6. Governing Law
6.1. This Agreement is governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
