TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT STAFF

  1. Application

These terms are deemed to be accepted by the Client upon the earlier of:

(a)the Client asking Manpower to make an Introduction of a Candidate to the Client;

(b)the receipt of the CV of the Candidate by the Client;

(c)the Client conducting an interview with a Candidate; or

(d)the Client entering into an Engagement with a Candidate.

In the event that the Client engages a Candidate on a temporary basis then Manpower’s standard terms for the provision of temporary placement services (available on request) shall apply and shall be deemed to be accepted by the Client upon the Client engaging the Candidate on a temporary basis.

  1. Definitions and Interpretation

In these terms, words importing the singular will include the plural and vice versa and unless the context requires otherwise, the following expressions will have the following meanings:

  • Client- means the company or other body corporate (including a subsidiary or associated company irrespectiveof location or geography) that Manpower will provide Introductions to in accordance with the terms of this Agreement;
  • Candidate- means anyone who is the subject of an Introduction by Manpower to the Client;
  • Commencement - means the first day of a Candidate’s Engagement;
  • Engagement- means any temporary, self-employed, fixed-term contract engagement or employment of the Candidate by the Client;
  • Introduction - means anyone who is referred, introduced or about whom information is supplied by Manpower to the Client; and
  • Remuneration - means the base salary, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the provision of a company car (which will be taken as equivalent to £5,000) and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate during the first 12 months of the Engagement.The Client warrants it will provide Manpower with the details of the gross annual starting salary and all taxable emoluments prior to commencement of the Engagement.
  1. Candidates

Manpower will use due skill and care in sourcing and making Introductions of Candidates. Manpower does not warrant or make any representations about the suitability of, or the accuracy of any information concerning a Candidate as this information is provided by the Candidate or other sources outside Manpower’s control. Any decision to proceed with an Introduction or enter into an Engagement is an exclusive decision for the Client. The Client will be responsible for paying travel expenses, obtaining security clearances, checking educational background, qualifications and references, arranging medical examinations and obtaining any work permits in relation to a Candidate.

If the Client withdraws the offer of Engagement to the Candidate once the Introduction has been made and is withdrawn prior to the Engagement, then the Client shall be liable for Manpower’s fee in full under Clause 5. If a Candidate shall, within twelve (12) months of an Introduction, be subject to an Engagement by the Client, the Client will be liable to pay the Fees to Manpower in accordance with Clause 5.

  1. Notification of Engagement

The Client will notify Manpower immediately if a verbal or written offer of engagement or employment is made to any Candidate introduced by Manpower.

  1. Fees

Subject always to a minimum fee of £ 2,000 (two thousand pounds), the fee payable by the Client to Manpower for the Engagement of a Candidate is as follows:

Table 1
Remuneration / % Fee
Up to £ 15,000
£ 15,001 to £ 29,999
£ 30,000 to £ 49,999
£ 50,000 and above / 17%
20%
25%
30%

VAT will be charged in addition to the fee. If the Client requires a part time role, the fee shall be amended to reflect a full time equivalent, based on an assumed thirty five (35) hours per week. For illustrative purposes only, if the hours for the part time role are seventeen and a half (17.50) per week and the annual starting salary is £10,000 (ten thousand pounds), the fee shall be based on a starting salary of £20,000 (twenty thousand pounds) per annum. No adjustment shall be made to the fee where the hours of work are more than thirty five (35) per week.

Notwithstanding the above, where Candidates are engaged on a fixed term contract, it shall be calculated as a percentage of the Introduction Fee as shown in Table 2 below. For illustrative purposes only, based on a starting salary of £25,000 for a fixed term contract of 8 months, the Introduction Fee shall be £25,000* 20% = £5,000* 80% = £4,000.

Table 2
Fixed Term Contract Duration / Percentage of Introduction Fee as Table 1 above
0 – 3 Months
4 – 6 Months
6 – 9 Months
Above 9 Months / 40%
60%
80%
100%

In the event that the Client extends a fixed-term contract the Introduction Fee for the (“Extended Period”) shall commence at zero months. For illustrative purposes only, if the original fixed term contract period was 5 months, and the Extended Period is 2 months, the Client shall pay a 100%

Introduction Fee, e.g. 60% for the original period and 40% for the Extended Period, irrespective that the Introduction Fee for the cumulative 7 month period is 80%.

Additionally, in the event that the Client takes on a fixed-term contract Engagement as a further Engagement within six (6) months of the end of the fixed-term contract, the Introduction Fee shall be amended to: [Applicable Table 1 Introduction Fee * 1.2] less [Introduction Fee for the fixed term contract payable under Table 2]. For illustrative purposes only based on a starting salary of £ 32,000, the Introduction Fee shall be [£ 32,000 * 25% = £ 8,000 *1.2 = £ 9,600] less [Introduction Fee payable for the fixed-term contract Engagement]. For the avoidance of doubt, the rebate for the Introduction Fee payable under Table 3 shall only apply to the original fixed term period and no credit shall apply in respect of any Extended Period payable under the paragraph above.

  1. Confidentiality

Any Introduction to the Client is on a confidential basis and the Client may not pass on any details of a Candidate to any other party. If the Candidate is engaged by any party as a result of a failure by the Client to comply with this clause then the Client will be liable to pay Manpower’s fee as if the Client had engaged the Candidate.

  1. Invoicing

Manpower will invoice the Client on or after the Candidate start date, regardless of whether it has received a Purchase Order number from the Client. Such invoice will be payable by the Client within seven days of the date of the invoice. In the event of late payment by the Client of any valid invoice, or any valid part of any invoice otherwise in dispute, Manpower shall be entitled to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 on a daily basis at an amount equal to the prevailing statutory interest and base lending rates to any amounts outstanding from seven days following the date of invoice. All Introduction Fees are expressed in pounds sterling and are exclusive of VAT.

  1. Expenses and additional costs

Applicants’ travel expenses and additional service costs such as testing or campaigns are payable directly by the Client unless expressly agreed in writing by Manpower.

  1. Guarantee

If an Engagement is terminated within twelve weeks of Commencement Manpower will offer a rebate based on the week the Engagement was terminated less £500 administrative charge plus VAT. The rebate will be as set out in Table 3, provided that all of the following have been complied with by the Client:

(a)the termination was not because of redundancy, death, reorganisation, internal promotion, or the Client no longer requiring the Candidate’s services; and

(b)the Client notified Manpower of the termination of the Engagement within fourteen (14) days of the termination date; and

(c)the Client has paid Manpower’s invoice in accordance with Clause 7.

Table 3
Period from Engagement Date / Rebate
Weeks 1-2
Weeks 3-4
Weeks 5-8
Weeks 9-12 / 100%
50%
25%
10%

In the event that Manpower has paid a rebate to the Client as in this Clause 9 of these Terms and that the Candidate is subsequently re-employed and/or re-engaged by the Client, or a third party as Clause 3, in any capacity within twelve (12) months from the effective date of termination of an Engagement the Client shall pay Manpower an Introduction Fee and shall not be entitled to a rebate in accordance with this Clause 9.

  1. Liability

Except for death or personal injury as a result of Manpower’s negligence or for any fraudulent misrepresentation, Manpower will not be liable for any loss, damage, costs or expenses including, without limitation, economic, special, indirect or consequential loss, loss arising from any claim made against the Client by any other person or loss arising from the Candidate’s act, omission or otherwise. Manpower’s entire liability under these terms shall not exceed the value of the fees received by Manpower. The Client will fully and effectively indemnify Manpower against all costs, claims, damages, expenses or losses suffered by Manpower as a result of, or in connection with these terms.

  1. Termination

Either party may terminate these terms, without cause, upon serving no less than 14 daysnotice to the other party. Any termination of these terms shall not affect the accrued rights or liabilities of either party.

  1. General

The parties agree that it is not intended that a third party should have the right to enforce any provision of these terms pursuant to the Contracts (Rights of Third Parties) Act 1999. These terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.

  1. Solicitation

The Client shall not solicit for employment or engagement any employee of Manpower with whom they have come into contact with as a result of these terms.In the event that the Client engages or employs any such Manpower employee within six months of the termination of these terms, the Client shall pay a fee of 50% of the employee’s gross salary as at the point of exit by such employee.

______

SIGNED ON BEHALF OF(INSERT COMPANY NAME):

NAME & POSITION:

DATE:

SIGNATURE:

Manpower UK Limited trading at Capital Court, Windsor Street, Uxbridge, UB8 1AB.

In accordance with The Conduct of Employment Agencies and Employment Businesses Regulations 2003,

Manpower acts as an employment agency for the introduction of permanent staff to the Client.

MPUK NPTC 07/15