Terms and Conditions

1. Definitions

Agency: Happy Times for you   www.happytimes-foryou.co.uk

Agency Address: The Loft, Moseley Hall Business Centre, Chelford Road, Knutsford, Cheshire WA16 8RB

Agency Office Telephone: 01565 624380 / 07565 081 333

Agency Email: hello@happytimes-foryou.co.uk

Client: a person/family for whom the Agency is conducting recruitment of an employee for an open position.

Candidate: a person looking for a job proposed by the Agency for the Client for a position of employment.

Live-in employee: an employee for whom the employer provides accommodation and meals (or relevant shopping for meals and personal essentials).

Registration fee: a non-refundable fee of £120 to be paid at the time of registration of the Client (before starting the recruitment process).

Agency fee: a fee paid by the Client to the Agency once a suitable candidate has been found. (See relevant package details).

2. Obligations of the Agency and guarantees

2.1 The Agency’s obligations will include running the recruitment process with due diligence according to the highest standards, including:

2.2 Identification of the Client needs in order to find the right candidate for the position offered by the Client.

2.3 Verification of all the required documents for the candidate, including a certificate of clean criminal record, relevant experience, credentials and qualifications.

2.4 Conducting a job interview with the candidate.

2.5 The final decision regarding the selection of a candidate will be made by the Client. The Agency cannot guarantee that it will always find the right candidate but will endeavour to do so.

2.6 In the event that the Agency does not present the right candidate within a specific time limit, the Agency fee (less reasonable expenses) will be returned to the Client.

2.7 If the candidate does not commence work on the agreed start date, the full Agency fee
(less reasonable expenses) will be returned to the Client or a substitute candidate will be provided depending on the circumstances or what the Client prefers.

2.8 If an employee resigns from the position within 10 weeks of the date of commencement of work, the Agency will propose a new replacement candidate for the position within 30 days.

2.9 The foregoing item 2.8 shall not have legal power if the employee has left their position due to any of the following circumstances:

• a change to the agreed conditions of work
• the employer’s failure to fulfil the terms and conditions of the employment contract
• inappropriate treatment of the employee by the employer or a violation of social coexistence norms.

3. Obligations of the Client

3.1 Detailed communication to the Agency to include presentation in writing of a scope of work expected of the candidate by the Client, with agreed working hours and wage/salary.

3.2 If the employee is hired as part of the live-in system, the Client’s obligations shall include provision of accommodation with a separate bedroom and appropriate shopping so the candidate can prepare their own meals or share meals with family depending on what is preferred by both parties.

3.3 The Agency is a recruiter not an employer and therefore the Client’s obligations will include employing the candidate in line with the applicable law of the land, payment of social security contributions, tax and any required levies.

3.4  The Agency does not recruit caregivers for individuals requiring specialist care, specialist medical needs and/or use of specialist medical equipment. Therefore, the Client must diligently and accurately inform the Agency about the health condition of individual/s who the candidate is being asked to care for/look after.

3.5 If the Client entrusts the employee with driving a motor vehicle as part of their job, the Client will take full responsibility for all insurances and will be obliged to include verification of the candidates practical vehicle driving skills.

3.6 The Client must immediately give notice to the Agency in the event that the employee violates any legal norms or is in gross negligence of their obligations.

3.7 Notice period:- If the Client wants to end the contract with the employee (due to a change in circumstances) , a full calendar months notice must be given in writing to the Agency.

3.8 In the interests of transparency and understanding of all obligations, the Client is asked to diligently read the terms and conditions of the contract and the privacy policy before the registration process. The registration process shall mean acceptance of the terms and conditions of the contract as well as of the privacy policy.

4. Agency fees

4.1 A non-refundable Registration Fee of £120 will be payable on sign-up with the Agency in order to start the recruitment process

4.2 An Agency Recruitment Fee will be charged once a suitable candidate has been found and will be payable 21 days in advance of the agreed start date of the new employee. The detailed content of the package must be agreed between both parties and will be an integral part of the contract.

4.3 In the case of the Client cancelling employment of the employee, the Agency will return 50% of the fee paid to the Client and will retain 50%. The decision of the Client not to proceed with the employment must be put in writing to the Agency.

4.4 The Client will be expected to pay a one-way ticket from the employees place of residence to the place of employment unless otherwise agreed.

Summary of agency fees

All packages: A non-refundable Agency Registration Fee of £120 payable on sign-up

Standard package: Agency Fee 4 x weekly salary

Silver package: Agency Fee 5 x weekly salary

Gold package: Agency Fee 6 x weekly salary

Short term employee (A month or shorter): Agency Fee 1 x weekly salary for chosen position

Short term employee (Over a month and under 3 months): Agency Fee 2 x weekly salary for chosen position

PAY TABLE

* Full time position for live-in employees is between 40-50 hours per week

• If the Client employs a live-in employee on a part-time basis, the Agency fee shall be charged on the lowest wage/salary specified for a given position in the pay table (see pay table above)

• If the Client employs a temporary employee for up to three months and then renews their contract, a full Agency fee shall become due, less the fee already paid in respect of the temporary employment position

5. Final provisions

5.1 All information provided to the Client about a candidate will be covered by a confidentiality clause. Presenting a candidate to third parties for possible employment is prohibited for a period of one year. Violation of that provision will result in the full Agency fee becoming due.

5.2 Any arrangements between the Agency and the Client shall be in writing and constitute an integral part of the contract.

5.3 The Agency shall not be liable for any material and non-material damage suffered by the Client as a result of wilful or non-wilful acts or negligence for any obligations by the employee.

5.4 It is recommended that the employer purchase relevant insurance in respect of employment of the employee as well as third-party liability insurance for the employee.