This Temp Agency Contract is designed for use in the Irish market to establish and regulate temporary employment relationships between employment agencies, workers, and client companies. It incorporates requirements from the Protection of Employees (Temporary Agency Work) Act 2012 and other relevant Irish employment legislation, ensuring equal treatment of temporary workers while maintaining operational flexibility. The document is particularly relevant in situations where organizations need to engage temporary staff through professional employment agencies, whether for short-term projects, seasonal work, or to fill temporary vacancies. It includes comprehensive provisions for worker protection, assignment procedures, payment terms, and statutory compliance, while accommodating the dynamic nature of temporary staffing arrangements in Ireland.
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1. Parties: Identifies the contracting parties: the employment agency, the agency worker, and reference to client companies
2. Background: Explains the nature of the agency's business and the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Assignment', 'Client', 'Working Time', etc.
4. Nature of Relationship: Clarifies the employment relationship and confirms the agency worker status
5. Agency Obligations: Details the agency's responsibilities including finding assignments and payment obligations
6. Worker Obligations: Outlines the worker's duties, professional conduct requirements, and reporting obligations
7. Assignments: Details how assignments will be offered, accepted, and managed
8. Remuneration: Specifies payment terms, rates, and method of payment
9. Working Time and Leave: Sets out provisions for working hours, breaks, and leave entitlements
10. Confidentiality: Protects confidential information of the agency and client companies
11. Data Protection: Addresses handling of personal data in compliance with GDPR
12. Termination: Specifies how the agreement can be terminated by either party
13. Governing Law: Confirms Irish law as the governing law of the agreement
1. Non-Compete Clause: Restrictions on working directly for clients or competing agencies - include only if specifically required and ensuring compliance with Irish law
2. Intellectual Property: Include when assignments may involve creation of IP or creative work
3. Vehicle and Equipment: Include when worker needs to use their own vehicle or equipment for assignments
4. International Assignments: Include if the agency offers assignments outside Ireland
5. Training Requirements: Include if specific qualifications or training are required to be maintained
6. Benefits Package: Include if the agency offers additional benefits beyond statutory requirements
7. Specialized Skills: Include for contracts requiring specific professional qualifications or certifications
1. Schedule 1 - Standard Assignment Details: Template for recording details of each assignment including location, hours, rate of pay
2. Schedule 2 - Pay Rates and Benefits: Details of standard pay rates, overtime rates, and any benefits
3. Schedule 3 - Statutory Information: Summary of key statutory rights and obligations under Irish law
4. Schedule 4 - Health and Safety Policy: Overview of health and safety requirements and procedures
5. Appendix A - Grievance Procedures: Details of how workplace grievances will be handled
6. Appendix B - Disciplinary Procedures: Details of the disciplinary process and possible sanctions
7. Appendix C - Data Protection Notice: Detailed information about how personal data will be processed and stored
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