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.

Latest Insights

View All Insights
Cruise Recruitment From Faststream Recruitment
Results from the Cruise Employment Survey revealed

Results from the Cruise Employment Survey revealed​The events of the last two years have had a substantial impact on the people working and leading in the cruise sector. With limited coverage of th...

Martin Bennell announced as Moderator at Seatrade Cruise Global - Faststream Recruitment
Martin Bennell announced as Moderator at Seatrade Cruise Global

Martin Bennell announced as Moderator at Seatrade Cruise Global​We are delighted to announce that Martin Bennell, Managing Director of Faststream Recruitment Europe, Middle East, Africa and Americ...

Website Banner   The Superyacht Survey 2022
The Superyacht Survey 2022

The Superyacht Survey 2022​Faststream Recruitment and Yotspot have collaborated for the sixth consecutive year to create a unique Superyacht survey to expose and highlight key trends about topics s...

10 signs you are ready for a new maritime job in 2022
10 signs you are ready for a new maritime job in 2022

10 signs you are ready for a new maritime job in 2022​Have you been thinking about a new job but are unsure whether to take the plunge? The New Year is the perfect time for a fresh start and securi...

Hiring Plans 2022 Insight
Two trends that will impact your hiring plans in 2022

Two trends that will impact your hiring plans in 2022​As we approach the end of the year, I wanted to highlight a couple of key market trends in shipping and maritime, that without a doubt will imp...

How to manage counter offers - Faststream Recruitment
How to manage counter offers

How to manage counter offersAfter putting in the hard work throughout the interview stage there is no better feeling than when you finally get offered the role. You’ll probably want to celebrate y...

What do your social media profiles tell employers about you? Faststream Recruitment
What do your social media profiles tell employers about you?

What do your social media profiles tell employers about you? Your social media profile may be just as important as your CV if you are looking for a new job or changing careers. According to our res...

Naval Architecture Employment Review 2021
Naval Architecture Employment Review 2021

Naval Architecture Employment Review 2021​Faststream Recruitment conducted an extensive, global survey and connected with thousands of Naval Architects and Marine Engineers to gain a unique insight...

Inside the life of a Technical Superintendent - an interview with Martin O'Sullivan of Northern Marine Management
Inside the life of a Technical Superintendent

An interview with Martin O’Sullivan of Northern Marine Management. Gain an insight into the life of a Technical Superintendent.At Faststream Recruitment, we love to speak with Shipping and Maritime...

Senior Maritime Executive Report - Faststream Recruitment
Senior Maritime Executive Report

Senior Maritime Executive Report ​It has not been “business as usual” in the maritime sector, and it is fair to say that none of us has been through a period like this before. The people needed to ...

Superyacht Captain Report - Faststream Recruitment
The Superyacht Captain Report 2021

The Superyacht Captain Report 2021Yachting is one of the most dynamic and fast-changing sectors of maritime and, the demands placed upon Superyacht Captains have never been greater. Superyachts con...

10 Maritime Recruitment Trends for 2020
Maritime Recruitment Trends for 2021

Maritime Recruitment Trends for 20212020 has been one of the most challenging times that the maritime industry has had to face. The aftermath of this will create change in how businesses and people...