Pro-Workers

Contract Document


 

Sub-contractors DataSheet

Project
Trade StartDate
Email address
Full Name
Address
  Telephone Number
Emergency Contact Emergency Contact Number
UTR Number National Insurance No
Name of Bank Account No
Account holder Name Sortcode

Right to work in UK, please confirm you have the following:-

  PleaseTick
You are a British/Irish Citizen (please provide copy of Passport/Birth Certificate
Please type in your sharecode
Other Visa please provide Home Office Documentation

Icon firm that the above information is correct and consent to 3rd Party checks to verify Status

Sub-contractor’s Signature: 
Date: 

 

SELF EMPLOYED CONTRACTOR COMPETENCE ASSESSMENT

Name
Address
Contact No.
Email
Trade/Skill
  Rating
Training

Have your ecently under taken any of the following types of training courses?

  • SiteSafetyforOperatives
  • SiteSafetyforSupervisors
  • AsbestosAwareness
  • TradeorSkill (refresher)
  • FirstAid(4dayfullor2-dayrefresher)
  • Otherhealthandsafetyrelatedtraining(e.g.fire)

If yes please indicate which and provide course details, dates and copies of certificates where possible
 
Qualifications/memberships

Are you working towards, or do you currently hold any of the following qualifications or individual memberships?

  • CSCS card (trainee,operative,experienced,supervisory)
  • CCNSG safety passport
  • CPCS or equivalent plant operator’s card
  • CISRS, GasSafe, IPAF, SKILLcard, other
  • NVQ, C&Gor certificates
  • Trade or professional associations

If yes please indicate which and provide a photo copy of cards, certificates, or relevant correspondence as appropriate
 
Experience

Do you have relevant work experience?

If yes please provide details such as a list of some recent projects or contracts on which you have worked along with contact details of the person who can verify that the work was carried out with due regardfor health and safety
 
Insurance

Do you have any of the following insurance cover ?

  • Publicandproduct liability
  • Employersliability
  • Personalaccident

If yes please indicate which and provide a copy of your current insurance schedules which should contain the level of cover held, policy numbers and expiry dates
 
Signed:
Date of completion:

CONFIDENTIAL HEALTH QUESTIONNAIRE

The contents of this questionnaire will remain confidential and will not be disclosed without your consent. The purpose of this health questionnaire is to ensure that:

  • Employees do not have a health problem that might impair their ability to carryout the tasks required.
  • Any necessary adjustments can be made to enable employees who have a health problem to carry out their job safely
  • The need for on going health surveillance can be identified

Hand arm vibration is a widespread industrial disease affecting many workers. The most common form of Hand Arm Vibration Syndrome(HAVS)is’vibration white finger’. If during your work you come into contact with hand-held power tools or any other sources of vibration, then you may develop the condition.

Back pain is common in society and will affect most people at some time in their life. It can occur anywhere from the base of the skull to the bottom of the tailbone. The pain may be acute or chronic, which may occur once or more than once in 12 weeks. It is commonlycausedbystrainingthemuscles,ligamentsortendonsalongthebackbone. The pain may worsen when bending or sitting. Coughing and sneezing can also worsen the pain. Pain often begins suddenly after a strain or injury and may even come out of the blue or come on slowly.

Every day in the Workplace we are exposed to different noises and sounds and at different levels. Some of these can affect our ability to hear noise including speech, close or far sounds. Noise induced hearing loss happens overtime and you ma not be aware that it is happening to you.

Breathing in substances called respiratory sensitiser sat work can cause occupational asthma.A respiratory sensitiser is a substance which when breathe dincantriggeran allergic reaction in the respiratory system. Once this reaction has taken place, further exposure to the substance may produce symptoms.

Contact Dermatitis is inflammation of the skin caused by contact with a range of materials. These include detergents, solvents & chemicals if contact is prolongedor frequent.

Self check by completing the following questionnaire:
Have you ever suffered from your fingers going white and numb when exposed to the cold?
Do you sufferfrom tingling in your hands?
Are you suffering from loss of grip strength in your hands and do you have pain in your wrists or arms?
Do you feel the sensation of touch in any of our fingers isn’t what it used to be?
Is there are duction in how you can do fiddly and fine tasks because your fingers don’t work like they used to?
Do you get regular pain in your back?
Do points in your back of ten feel tender?
Do you have limited back motion, with tightness or tenderness In the back muscles?
During inactivity do you suffer back pain?
Do you have any pain in your buttock sorrunning down the backs of your legs?
Do you have trouble in hearing the telephoneor doorbells?
Do any of your family or friends complain that you have the televisionor radio on too loud?
Do you have difficulty in hearing conversation against a noisy background?
Do you suffer from permanent or constant ringing in the ears?
Do you suffer attacks of coughing, wheezing or chest tightness?
Do you suffer from a runny/stuffy nose or watery/prickly eyes?
Do you suffer from hay fever?
Do you suffer from asthma or any respiratory disease?
Have you ever suffered from dry or itchy skin?
Do you suffer from swelling, flaking, blistering, cracking or pain to the skin on your hands?
Are you allergic to any chemicals or products that you handle whilst carrying out your job?

If you answered yes to any of the aboveq uestions please inform Site Manager immediately, as your work may be affecting your health.
Name
Occupation
Signed  
Date

This Agreement named a swell, contract for services, as negotiated her in,is entered into byand between _ as “Subcontractor” andProWorkers LTD, as“Contractor. ”Forgoodand valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Subcontractor and the Contractor hereby agree as follows:

TERMS OF ENGAGEMENT

1. DEFINITIONS AND INTERPRETATION

1.1. In these Terms the following definitions apply:  
“Actual Rate of Pay” means, the rate of pay which will b epaid per hour, worked during an Assignment weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in the relevant Assignment Details Form;
“Sub contractor” means a companyor person whoma generalcontractor(or primecontractor, or maincontractor) hires to perform a specific task as part of an overall project and normally pays for services provided to the project.
“Sub contractor Regulations” means The Public Contracts Regulations 2015
“Agreed Deductions” means any deductions the Sub contractorhas agreed can be made from their pay;
“Assignment” means assignment services to be performed by the Subcontractor for the Contractor for a period of time during which the Subcontractor is supplied by the Contractor to work temporarily for and under the supervision and direction of the Contractor;
“Assignment Details Form” means written confirmation of the assignment details to be given to the Subcontractor upon acceptance of the Assignment;
“Calendar Week” means any period of 7 days starting with the same day as the first day of the First Assignment;
“Conduct Regulations” means the Conduct of The Public Contracts Regulations 2015
“Confidential Information” means any and allc onfidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Contractor or his business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know- how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, providedtotheSubcontractororanythird party in relation to the Assignment by the Contractor or by a third party on behalf of the Contractor whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;
“Data Protection Laws” means the Data Protection Act 1998, any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data;
“Statement of Work” means Sub contract or may provide services to Contractor. In addition to the terms and conditions negotiated by the parties for particular projects, Contractor andSubcontractor hereby agree that the terms and conditions of this Subcontractor Agreement (the “Agreement”), named as well, contract of services,shallapplywheneverSubcontractorprovidesservicesto Contractor.
“Contractor” means a construction manager employed by a client,usually upon the advice of theproject's architect or engineer. Responsible for the overall coordination of a project, general contractors may also actas building designer and foreman (a tradesman in charge ofa crew). The person, firm or corporate body together with any subsidiaryor associated person, firm or corporate body (as the case may be) to whomthe Subcontractor is supplied or introduced;
“hour Rate” means £______/hour being the minimum rate of pay (subject to Deductions) that the Contractor reasonably expects to achieve,for all shifts worked by the Subcontractor;
“Emoluments” means any pay inaddition to the Actual Rate of Pay
“Period of Extended Hire” means any additional period that the Contractor wishes the Subcontractor to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;
“Terms” means these terms of engagement (including the attached assignment schedule) together with any applicable Assignment Details Form;
“Type of Work” means any work with in an educational setting;
1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.

1.4. Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.

2. THE CONTRACT

2.1. These Terms constitute the entire agreement between the Contractor and the SubcontractorforthesupplyofservicestotheContractorandtheyshallgovern all Assignments undertaken by the Subcontractor. However, no contract shall exist between the Contractor and the Subcontractor between Assignments. These Terms shall prevail over any other terms put forward by the Subcontractor.

2.2. During an Assignment, the Subcontractor will be engaged on a contract for services by the Contractor on these Terms. For the avoidance of doubt, the Subcontractor is not an employee of the Contractor although the Contractor is required to make the Deductions from the Subcontractor’s pay. These terms shall not give rise to a contract of employment between the Contractor and the Subcontractor. The Subcontractor is supplied as a worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Subcontractor rights in addition to those provided by statute except where expressly stated.

2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Contractor and the Subcontractor and set out in writing and a copy of the varied terms is given to the Subcontractor no later than 5 business days following the day on which the variation was made stating the date on or after which such varied terms shall apply.

3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED

3.1. The Contractor will endeavor to obtain suitable Assignments for the Subcontractor to perform the agreed Type of Work. The Subcontractor shall not be obliged to accept any Assignment offered by the Contractor.

3.2. The Subcontractor acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that:

3.2.1. the suitability of the work to be offered shall be determined solely by the Contractor; and

3.2.2. the Contractor shall incur no liability to the Subcontractor should it fail to offer Assignments of the Type of Work or any other work.

3.3. At the same time as an Assignment is offered to the Subcontractor the Contractor shall provide the Subcontractor with an Assignment Details Form setting out the following:

3.3.1. the identity of the Contractor, and if applicable the nature of their business;

3.3.2. the date the Assignment is to commence and the duration or likely duration of the Assignment;

3.3.3. the Type of Work, location, and hours during which the Subcontractor would be required to work;

3.3.4. theShiftRatethatwillbepaidand anyexpensespayablebyortothe Subcontractor;

3.3.5. anyriskstohealthandsafetyknowntotheContractorinrelationtotheAssignmentand the steps the Contractor has taken to prevent or control such risks; and

3.3.6. what experience, training, qualifications and any authorization required by law or a professional body the Contractor considers necessary or which are required by law to work in the Assignment.

3.4. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following save where:

3.4.1. the Subcontractor is being offered an Assignment in the same position as one in which the Subcontractor has previously been supplied within the previous 5 business daysand such information has already been given to the Subcontractor and remains unchanged;or

3.4.2. subjecttoclause3.5,theAssignmentisintendedtolastfor5consecutivebusinessdays orlessandsuchinformationhaspreviouslybeengiventotheSubcontractorbeforeand remains unchanged, the Contractor needs only to provide written confirmation of the identity of the Contractor and the likely duration of the Assignment.

3.5. Where the provisions of clause 3.4.2 are met but the Assignment extends beyond the intended 5 consecutive business day period, the Contractor shall provide such information set out in clause 3.3 to the Subcontractor in paper or electronic form within 8 days of the start of the Assignment.

3.6. For the purpose of calculating the shifts worked by the Subcontractor on an Assignmentforthe purposesoftheWorkingTimeRegulations,thestartdatefor the relevant averaging period shall be the date on which the Subcontractor commences the first Assignment.

3.7. If the Subcontractor is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Subcontractors Regulations which are different and preferential to rights and entitlementsrelatingtothesameundertheWorking Time Regulations, any such terms and conditions will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form (asappropriate).

4. SUB CONTRACTOR’S OBLIGATIONS

4.1. The Subcontractor is not obliged to accept any Assignment offered by the Contractor but if the Subcontractor does accept an Assignment, during every Assignment and afterwards where appropriate, s/he will:

4.1.1. co-operate with the Contractor’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Contractor’s organisation;

4.1.2. observe any relevant rules and regulations of the Contractor’s establishment (including normal hours of work) to which attentionhas been drawn or which the Subcontractor might reasonably be expected to ascertain.

4.1.3. take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Contractor;

4.1.4. notengageinanyconductdetrimentaltotheinterestsoftheContractor which includes any conduct which could bring the Contractor into disrepute an which results in theloss of custom or business by either the Contractor or the Contractor;

4.1.5. not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Contractor' or the Contractor's staff;

4.1.6. not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any Confidential Information relating to the Contractor’s or the Contractor’ employees, business affairs, transactions or finances;

4.1.7. on completion of the Assignment any Contractor property or items provided to the Subcontractor in connection with or for the purpose of the Assignment, including, but notlimitedtoanyequipment,materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing.

4.2. IftheSubcontractoracceptsanyAssignmentofferedbytheContractor,assoonaspossibleprior to the commencement of each such Assignment and during each Assignment (as appropriate) andat anytime atthe Contractor' request, the Subcontractor undertakes to:

4.2.1. provide the Contractor with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Contractor; and

4.3. IftheSubcontractorisunableforanyreasontoattendworkduringthecourseofanAssignment s/he should inform the Contractor before of the commencement of the Assignment or shift. In the event that it is not possible to inform the Contractor within these timescales, the Subcontractor should alternatively inform the Contractor and then the Contractor as soon as possible.

4.4. If, either before or during the course of an Assignment, the Subcontractor becomes aware of any reason why s/he may not be suitable for an Assignment, s/he shall notify the Contractor without delay.

4.5. The Subcontractor acknowledges that any breach of his/her obligations set out in this clause may cause the Contractor to suffer loss and that the Contractor reserves the right to recover such losses from the Subcontractor.

4.6. In the main the Subcontractor will be responsible for their transport to site. If transport is supplied by the Contractor, to the Subcontractor, the Subcontractor will be asked to enter into a rental agreement; charges will appear in the Contractors Schedule of Charges. The Subcontractor will be responsible for all tools, where practicable, necessary to undertake the Services. If the Contractor provides equipment a charge may be made. Any price-work should reflect such charges which may become due.

4.7. The Subcontractor will be responsible for providing his own personal safety equipment but where such items can be supplied more economically by the Contractor the Subcontractor in soundly managing his own business will allow the Contractor to supply the safety equipment but will then agree to pay the Contractor an amount and on a basis to be agreed verbally.

4.8. The Subcontractor will not be entitled to receive Holiday pay or Bank Holiday pay or special absence pay in any circumstances. The Subcontractor will not be entitled to receive sick pay in any circumstances. The Subcontractor will bear the cost of his own health insurance which he may arrange at his own discretion. The Subcontractor agrees he is not entitled to any employment law rights, which may be available to direct employees. Specifically the Subcontractor acknowledges that he is not a “worker” for the purposes of the Working Time Regulations in respect of this engagement for services.

4.9. The Subcontractor acknowledges the volatility of the Construction Industry and accepts that there is the increased financial risk of bad debts in the Construction Industry when operating as an independent Subcontractor on his own account.

4.10. The Subcontractor is free to employ at his own cost whatever suitably trained Representatives which may be necessary to fulfil the requirements of the Agreement. Where the Subcontractor is unable to provide the Services, the Subcontractor may provide an alternative worker to under the Service but only having first obtained the express approval of the Contractor. The Subcontractor shall remain liable to the Contractor for any work performed by any of the Representatives.

5. TRAINING

5.1. TheContractorwillprovidetrainingtothesub-contractorifrequired.Thecostoftrainingwillbe paid for by the contractor, if this contract is not terminated within 12 mouths of the training taking place. If the contractor is terminated, please see schedule of deduction.
0-3 months 100%
3-6 months 75%
6-9 months 50%
9-12 months 25%
5.2. If the Sub-Contractor is unavailable to work for periods of the contract, the appropriate deduction will be held until the sub-contractor returns

6. TIMESHEETS

6.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Subcontractor shall deliver to the Contractor a timesheet duly completed to indicate the number of hours/shifts worked during the preceding week (or such lesser period) and signed by an authorised representative of the Contractor.

6.2. Subject to clause 5.3 the Contractor shall pay the Subcontractor for all hours/shifts worked regardless of whether the Contractor has received payment from the Contractor for those hours/shifts.

6.3. Where the Subcontractor fails to submit a properly authenticated timesheet the Contractor shall, in a timely fashion, conduct further investigations into the hours/shifts claimed by the Subcontractor and the reasons that the Contractor has refused to sign a timesheet in respect of those hours/shifts. This may delay any payment due to the Subcontractor. The Contractor shall makenopayment to the Subcontractor for hours/shifts not worked.

6.4. For the avoidance of doubt the Subcontractor’s working time shall only consist of those periods during which s/he is carrying out activities or duties for the Contractor as part of the Assignment. Time spent travelling to the Contractor’s premises (apart from time spenttravelling between two or more premises of theContractor),lunchbreaksandotherrestbreaks shallnotcountaspartofthe Subcontractor’s working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form which the Contractor may make for the purpose of compliance with the Subcontractors Regulations.

7. REMUNERATION

7.1. TheContractorshallpaytotheSubcontractortheActualRateofPay(‘’seeLtdCompany assignment schedule’’)
7.2. TheContractorshallpaytotheSubcontractor:
7.2.1. theActualRateofPay/shiftrate;and
7.2.2. theEmoluments(ifany),
which will be notified on a per Assignment basis and as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.

7.3. Subjecttoanystatutoryentitlementundertherelevantlegislationreferredtoin clauses 7 and 8 below and any other statutory entitlement, the Subcontractor is not entitled to receivepayment from the Contractor for time not spent on Assignment.

7.4. The Subcontractor also agrees that the Contractor may deduct 1.5% of the total cost of the Subcontractors Invoice in respectofCITBlevy costs.

7.5. From 6 April 2007 and in accordance with HM Revenue & Customs guidance regarding verification, the Contractor will verify the Subcontractor's payment status, as appropriate based on the information provided on this form. Payment will therefore either be made gross, under deduction at the standard rate (20%), or under deduction at the higher rate (30%) where the Subcontractor is not registered with HM Revenue & Customs for the Construction Industry Scheme.

8. TERMINATION

8.1. Any of the Contractor or the Subcontractor may terminate the Subcontractor’s Assignment at any time without prior notice or liability. (see ‘’Ltd Company Assignment Schedule’’)

8.2. The Subcontractor acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered by the Contractor.

8.3. If the Subcontractor does not inform the Contractor that they are unable to attend work during the course of an Assignment (as required in clause 4.3) this will be treated as termination of the Assignment by the Subcontractor in accordance with clause 9.1, unless the Subcontractor can show that exceptional circumstances prevented him or her from complying with clause4.3.

8.4. If the Subcontractor is absent during the course of an Assignment and the Assignment has not beenotherwiseterminatedunderclauses9.1abovetheContractorwillbeentitledtoterminate

theAssignmentinaccordancewithclause9.1iftheworktowhichtheSubcontractorwas assigned is no longer available.

8.5. If the Subcontractor does not report to the Contractor to notify his/her availability for work fora period of 3 weeks, the Contractor will forward his/her Termination papers to his/her last known address.

9. INTELLECTUALPROPERTYRIGHTS

The Subcontractor acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her for the Contractor during the Assignment shall belong to the Contractor. Accordingly, the Subcontractor shall execute all such documents and do all such acts as the Contractor shallfromtimetotimerequireinordertogiveeffecttoitsrightspursuantto thisclause.

10. CONFIDENTIALITY

10.1. In order to protect the confidentiality and trade secrets of any Contractor without prejudice to every other duty to keep secret all information given to it or gained in confidence the Subcontractor agrees as follows:

10.1.1. not at any time, whether during or after an Assignment (unless expressly so authorised by the Contractor as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or the Confidential Informationof the Contractor with the exception of information already in the public domain;

10.1.2. to deliver up to the Contractor (as directed) at the end of each Assignment all documents and other materials belonging to the Contractor (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and

10.1.3. notatanytimetomakeanycopy,abstract,summary orprécisof thewholeoranypart of any document or other material belonging to the Contractor except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Contractor as appropriate.

11. DATA PROTECTION

11.1. The Subcontractor warrants that in relation to these Terms, s/he shall comply strictly with all provisionsapplicabletohim/herundertheDataProtectionLawsandshallnotdoorpermittobe doneanythingwhichmightcausetheContractor to breach any Data Protection Laws.

11.2. The Subcontractor consents to the Contractor, any other intermediary involved in supplying the services of the Subcontractor to the Contractor (now or in the future):

11.2.1. processing his/her personal data for purposes connected with the performance of the Assignment and pursuant to these Terms; and

11.2.2. exportingand/orprocessinghis/herpersonaldatainjurisdictionsoutsidetheEuropean

EconomicAreaforpurposesconnectedwiththeperformanceoftheseTerms.

12. SEVERABILITY

If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

13. NOTICES

All notices which are requiredto be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the noticeistobeservedoranyotheraddressthatthepartyhasnotifiedtheotherpartyinwriting,byemail or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email or facsimile transmission,when that email or facsimile is sent

14. GOVERNINGLAWANDJURISDICTION

TheseTermsaregovernedby thelawof England&Wales and are subjectto the exclusive jurisdiction of the Courts of England & Wales.

Signed by the Subcontractor
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Lillith Clarke/ProWorkers LTD
Date as above
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