Terms of Business
These Terms and Conditions are the total Terms and Conditions, which govern the recruitment services undertaken by Recruitment Plus Limited (the agent) on behalf of the Employer Client (“the client”).
In these terms and conditions the following definitions apply:
1.1. “Employment Agency” means Recruitment Plus Limited
1.2. “Client: means the person, firm or corporate body to whom the applicant is introduced
1.3. “Applicant” means the person introduced by the employment agency to the client for an engagement
1.4. “Engagement” means the engagement, appointment, employment or use of the applicant whether under a contract of service or for services, or in any other capacity, and whether such services are provided directly or indirectly through another legal entity or person be it for a Permanent, Contract, Temporary, or Assignment Position with a period of twelve months from the date of introduction and “engages” and “engaged” shall be construed accordingly.
1.5. “Remuneration” means the total of all emoluments payable to or receivable by the applicant pursuant to the engagement. All sums are gross and calculated on the basis that the engagement is for twelve months (irrespective of any right to terminate the engagement) unless it is an agreed short-term placement, which is subject to the short-term placement fee set out below.
1.6. “Introduction” or “Introduced” means the provision by the employment agency to the client of any details of an applicant whether in oral or written form and in respect of which the client has contacted the employment agency or the applicant and/or the client has interviewed the applicant or has initiated any other conduct in response to receiving such applicant details.
1.7. “The 2012 Act” is the Protection of Employees (Temporary Agency Work) Act 2012
1.8. “Agency Worker” means an individual employed by an employment agency under a contract of employment by virtue of which the individual may be assigned to work for, and under the direction and supervision of, a person other than the employment agency
1.9. “Hirer” means a person engaged in an economic activity for whom, and under the direction and supervision of whom, an agency worker carries out work pursuant to an agreement (whether in writing or not) between the employment agency by whom the agency worker is employed and the first-mentioned person or any other person; and for the purpose of these terms and conditions, the Hirer term is interchangeable with the term and reference Client.
1.10. “Assignment” means the period during which the Agency Worker is engaged to render services to the Client
1.11. “Basic working and employment conditions” means terms and conditions of employment required to be included in a contract of employment by virtue of any enactment or collective agreement, or any arrangement that applies generally in respect of employees, or any class of employees, of a hirer, and that relate to—
(b) Working time,
(c) Rest periods,
(d) Rest breaks during the working day,
(e) Night work,
(g) Annual leave, or
(h) Public holidays;
2. The Contract
2.1. These Terms and Conditions are deemed to be accepted by the Client by virtue of an interview for the engagement (which term includes employment or use), whether under a contract of service or for services or applicants introduced by Recruitment Plus Limited. The Client is deemed to have accepted these Terms of Business once the Client has interviewed an Applicant introduced to them by Recruitment Plus for either Temporary, Contract or Permanent employment or by authorising the Employment Agency to commence work on a permanent vacancy whichever event occurs the earlier.
2.2. The parties agree that the Employment Agency shall be entitled to vary these terms and condition in so far as is reasonable to comply with any variation in legislation that may impact these terms, provided that the Employment Agency notifies the client in writing of such proposed variation.
2.3. Subject to sub-clause (b) above, these terms and conditions may only be varied or amended with the written consent of a duly authorized representative of both parties.
3. Notification of Placement
The client undertakes to notify Recruitment Plus Limited immediately on agreeing an engagement with any applicant and provide details of the remuneration regarding the Applicant introduced by Recruitment Plus during the preceding 12 months and to pay Recruitment Plus an introduction fee due in accordance with Clause 4 hereof within 15 days of receipt of the invoice.
The fee payable by the client for the introduction of an applicant resulting in an engagement is based on the total gross salary payable by the employer to the employee in respect of his/her employment.
A sum equal to 12.5% of the annual salary up to €39,999
A sum equal to 15% of the annual salary from €40,000 – €69,999
A sum equal to 17.5% of the annual salary from €70,000
VAT is charged at the current rate.
Permanent, part-time placements are charged at the full-time rate pro-rata.
Introductions by Recruitment Plus are strictly confidential and are made individually, based on the Client’s particular requirements. If the Client or a member of the Client’s staff, within 12 months, passes on the introduction to any other person, firm or corporation resulting in an engagement, the client will be liable for the payment of the fee as set out herein.
The client is liable to pay the Employment Agency’s fee in respect of an applicant introduced notwithstanding that the client engages the applicant in a different position to that originally envisaged and whether engaged full time or part time.
5.1. Once the Applicant has commenced employment, Recruitment Plus Limited will invoice the placement fee. An invoice on a permanent placement becomes payable 15 days from the date the Applicant commences working for the Client Company. Invoices for temporary employees are due for payment upon receipt.
5.2. Any queries on an invoice must be specifically addressed in writing to the Employment Agency within 14 days from the date of receipt of the invoice, failing which the client is deemed to have accepted the contents of the invoice.
6. Refund of Placement Fee
In the event that an Applicant terminates, or the Client terminates employment within 12 weeks of the specified date upon which such Applicant commenced work with the Client, the Employment Agency will endeavour to seek a replacement at no extra cost to the Client except for additional advertising costs (costs shall be agreed prior to any advertising) provided that:
6.1. All monies due from the Client have been paid in accordance with these Terms of Business
6.2. Client notifies the Employment Agency in writing of the termination of engagement within 7 days
6.3. Client (or related company) does not re-engage the Applicant within 12 months from the date of termination
6.4. Termination is not due to redundancy
If unsuccessful in finding a replacement, Recruitment Plus Limited will pay the Client a refund against the fees paid as follows:
Up to 6 weeks service 50% refund
7-12 weeks service 25% refund
NB: Refunds are only applicable if invoice has been paid within agreed credit terms.
7. The Provision of Temporary / Contract Staff
Temporary/Contract staff are provided by the Employment Agency under contract for services and are deemed to be under the direction and control of the Client from the time the worker reports to take up duties and for the duration of the assignment.
If the Client engages a member of the Employment Agency’s temporary/contract staff on a permanent, self-employed or freelance basis either during or within 12 months after termination of a temporary engagement with the Client, the Client shall immediately notify the Agent and the Client is rendered liable for the payment to the Agent of the normal introduction fee.
The Client should indemnify Recruitment Plus Limited against any injury, loss, damages, and proceedings in respect of Employers & Public Liability claims that may arise in respect of staff supplied by Recruitment Plus Limited in the course of their contractual duties.
There are particular obligations arising in relation to Temporary Staff:
7.1. Protection of Employees (Temporary Agency Work) Act 2012
The Client and Employment Agency recognise their obligations under the 2012 Act.
The Client shall ensure that there is parity of treatment with regard to basic working and employment conditions between their direct employees and any Agency Worker on assignment with the Client.
The Client shall provide information to the Employment Agency regarding the basic working and employment conditions of their direct employees relevant to Agency Workers assigned and information regarding any collective agreements, which may affect the terms and conditions of Agency Workers.
Should an Agency Worker make a claim for a breach or breaches under the 2012 Act, the Client shall render all assistance to the Employment Agency in the defence of that claim.
The Client shall indemnify the Employment Agency against any losses arising from a successful claim made by an Agency Worker under the 2012 Act and will pay such sums upon presentation of an invoice by the Employment Agency with the evidentiary support of a Workplace Relations Commission decision.
The Client consents to Employment Agency staff visiting Agency Workers on assignment.
7.2. Contract Monthly Rates
If the Applicant is paid though Recruitment Plus Limited Payroll: The Client agrees to pay a percentage per month of the Applicants annual remuneration package plus advertising, employers PRSI and holiday pay to the Employment Agency. Invoices will be charged at the beginning of each assignment for the proposed length of the contract and are not refundable and which must be paid within 7 days of the date of the invoice.
If the Applicant is paid through the Client’s Payroll: The Client agrees to pay a percentage of the Applicants annual remuneration package to the Employment Agency. Invoices are payable within 7 days of the date of the invoice. The Client is solely responsible for the Applicant’s salary including deducting PAYE, PRSI and accounting to the relevant authorities for these deductions.
7.3. Temporary Staff Rates
The Client agrees to pay an hourly charge as agreed by the Employment Agency at the time of booking, for all hours actually worked. Any other expenses as agreed shall be itemized on the Employment Agency’s invoice in addition to this charge. The Employment Agency reserves the right to vary the charge on an existing or subsequent assignment subject to prior notification being given by the Client. Recruitment Plus Limited will administer the Temporary Employee’s salary including deducting PAYE, PRSI and accounting to the relevant authorities for these deductions.
7.4. Time Sheets
At the end of each week of the assignment (or, where the assignment is for a period of less than one week or is completed before the end of the week or at the end of the assignment) the client shall sign the timesheet of the employment business verifying the number of hours worked by the agency worker during that week.
Signature of the timesheet by the client or any other such confirmation of hours worked by the agency worker constitutes acceptance that the agency worker’s services have been provided for the hours indicated and such services have been satisfactory and in accordance with these Terms and Conditions.
Failure of the client to sign a time sheet or otherwise confirm the hours worked by the agency worker will result in the employment agency raising an invoice calculated on the basis that the agency worker worked 35 hours at the agreed rate.
7.5. Termination of Assignment
The Client shall supervise the Agency Worker to ensure they are satisfied with the skills and standards of workmanship exhibited thereby. The Client shall adhere to standards of natural justice and fair procedures in the investigation of any complaints by or against Agency Workers and advise the Employment Agency in advance of any action taken with regard to any issues arising whereby disciplinary procedures may need to be invoked by the Client.
In accordance with the provisions of the Unfair Dismissals Acts, the Client is liable for any claim arising from an unfair dismissal.
The Client shall indemnify the Employment Agency against any claim or liability however incurred by the Employment Agency from following the instructions of the client in the provision or termination of recruitment services.
In the event that an assignment exceeds a two-year period the Agency Worker accrues an entitlement to redundancy. Should the Client’s circumstances give rise to a potential entitlement to a redundancy payment, the Employment Agency shall endeavour, without guarantee, to place the Agency Worker in alternative equivalent employment and the Client shall indemnify the Employment Agency against any liability for redundancy payments and pay such claim upon presentation of an invoice from the Employment Agency.
7.6. Health and Safety
The Client has sole responsibility for the health, safety and welfare of the Agency Worker on assignment with the Client and has sole liability for any claims howsoever arising.
8. Temporary to Permanent
If the Client wishes to engage the Applicant on a permanent basis, then in addition to the temporary fees already paid, the Client shall pay a permanent placement fee and providing that the Applicant has been employed though the Recruitment Plus Limited Payroll, the following discount to these terms will apply:
27-39 weeks (inclusive) 10% discount off normal rates
40-52 weeks (inclusive) 20% discount off normal rates
1 year + 30% discount off normal rates
NB: No refund applies for temporary to permanent placements.
The Employment Agency shall endeavour to ensure the suitability of any Applicant introduced to the Client and to maintain a high standard of service and integrity, but the Employment Agency makes no warranty, express or implied, as to the suitability of any applicant introduced to the Client. The Employment Agency shall not be liable under any circumstances for any loss, expense or damage suffered or incurred by the client arising from or in any way connected with the Introduction or engagement of any applicant or from the failure of the Employment Agency to introduce an applicant.
Recruitment Plus Limited, on request, can take up references. However, the Client should take steps to obtain confirmation of the Applicant’s necessary skills, qualifications and general integrity or medical history.
Recruitment Plus Limited cannot accept liability for any kind of loss or damage to property or any other loss, including without prejudice to the generality of the foregoing, loss of profits, or any other injury to persons arising directly or indirectly from any act or omission of any Applicant introduced by Recruitment Plus Limited even if such act or omission is negligent or fraudulent or reveals dishonesty.
In relation to work permits, it is the Client’s responsibility to obtain where applicable.
Recruitment Plus Limited reserves the right to complete credit checks on all Clients.
10. Data Protection
The Employment Agency and Client both acknowledge the requirements set out in law regarding personal data and are separately liable under Data Protection Legislation for all data gathered. The Client shall not require the gathering of personal data from an applicant or agency worker without the express permission of that individual to whom the personal data relates. Should data, additional to the recruitment process be required, the Client shall provide the Employment Agency with the reasons for the collection of such data, the manner of its processing, storage and access prior to requesting that the Employment Agency collect any data.
The Client shall notify the Employment Agency if they have a monitoring system such as CCTV.
11.1. These terms and conditions are governed by and construed in accordance with the laws of Ireland and are subject to the exclusive jurisdiction of the Irish Courts.
11.2. These terms and conditions shall supersede and replace any other terms and conditions previously agreed between the employment agency and the client.
11.3. The Client warrants that there will be no Health and Safety risk to the applicant/agency worker in working for the Client in the position concerned and if there are any such risks the Client agrees to notify the Employment Agency, in writing of the nature of such risks and what steps have been taken to minimize such risks.
11.4. Each party will not unlawfully discriminate against any applicant or agency worker, whether directly or indirectly, on grounds of sex, sexual orientation, marital or family partners status, gender, race, religion, age or membership of the travelling community.