The purpose of this agreement is not to establish an employment relationship, but to define the extent under which the relationship between the organisation and the operative allows for there to be a contract for services, to work as and when requirements allow.
PLACE AND METHOD OF WORK
The operative will attend any place of work where the organisation has secured their services and the operative will act professionally and show courtesy to the clients of the organisation and their customers.
OBLIGATION FOR WORK
The operative will not expect the organisation to provide him or her with work and will only be given work as and when the organisation chooses and when such work becomes available that is felt suitable for the operative.
AVAILABILITY FOR WORK
When the operative is offered work by the organisation, he or she may accept it or refuse it as the case may be. Any refusal to accept work will not preclude the operative being offered further work when another opportunity arises. The operative, once accepting work, must carry out that work personally. The operative may undertake work for any other organisation and the undertaking of such work will not preclude the organisation offering the operative additional assignments as and when they become available.
DIRECTION AND CONTROL
The operative will not work under the direction and control of the organisation other than to attend locations at times indicated, to act in a professional and courteous way, and to follow any required procedures for confirming attendance. All other control, direction and details regarding how the operative carries out his or her duties will be under the direction and control of the organisation to which the operative is assigned from time to time.
REGULARITY OF WORK
There is no guarantee of regularity of work and the various assignments may last for periods from a day ranging to a number of weeks depending on the circumstances.
TOOLS AND EQUIPMENT
The organisation does not provide any tools, equipment or clothing necessary to undertake the work, except for anything which may be required for a particular assignment and for which the operative must pay a contribution.
The operative will be paid at an agreed rate per job in relation to work at the places designated. It is the operative’s responsibility to check the payments each month. The organisation will provide the operative with a remittance advice showing what they have been paid for. Payments are made strictly in accordance with the above and there will be no payments due during periods when no work is provided. Any payment discrepancies must be logged with the organisation within 3 months of the payment date. Any discrepancies that have not been logged within this time frame may not be paid.
INCOME TAX AND P. R. S. I CONTRIBUTIONS
Operatives are paid gross and are entirely responsible for their own income tax and P. R. S. I. contributions.
Operatives are paid gross, on receipt of payment and Remittance Advice Slip, it is the responsibility of the operative to invoice the organisation for the VAT amount. VAT invoices must be sent to the organisation within 3 months of receipt of payment and Remittance Advice Slip.
The operative’s services are provided directly to REL Field Marketing and not any of the parties for whom the organisation conducts activity. Under no circumstances is an operative permitted to contact REL Field Marketing clients directly with reference to any item or issue related to the organisation’s business or an enquiry that the operative has about an activity that they will or have completed for REL Field Marketing.
HEALTH AND SAFETY
An operative must ensure that they work in a safe manner, and that they follow all and any instructions relating to security and Health & Safety given to them by personnel within stores in which the operative operates.
HOLIDAYS, SICKNESS AND ABSENCE
There is no entitlement to annual holidays, any accrual of annual holidays, any entitlement to bank or public holidays or any additional payment if the operative is required to work on a bank or public holiday. However, if the operative is unable to attend scheduled work, he or she must advise the organisation and their client of their incapacity and how long it is anticipated to last.
DISCIPLINARY, DISCIPLINARY APPEAL AND GRIEVANCE PROCEDURES
There are no disciplinary, disciplinary appeal or grievance procedures applicable to this contract for services. However, if the operative's activities cause dissatisfaction with clients, their customers or the organisation, their services may be terminated, they may not be requested to undertake further assignments for some time or they may be given a letter of dissatisfaction.