Throughout this agreement the terms Sub Contractor, and YOU refer to BOTH the Sub Contractor (being a living person/s), any associated Trading entity listed above, AND is applicable to ALL persons engaged for services to NZLH -specifically where the Sub Contractor is an entity providing more than one worker to NZLH.
The Terms and Conditions of this agreement confirm that you are a self-employed Sub Contractor and are responsible for all of your own taxes, ACC, levies, and insurances etc as under the Accident Rehabilitation Compensation Insurance Act 1992 and subsequent amendments or other charges associated within the provision of your services.
DETAIL OF SERVICE
You will provide labour only services to NZLH as and when required, as an independent Sub Contractor. You are NOT an employee, and you will NOT be entitled to be paid annual leave, public holidays, or sick leave, or any other benefit that is attributable by law or statute to employees.
You will provide your own tools, transport, and equipment as required and you are able to seek work elsewhere at any time.
HOURLY RATES
Rates quoted and agreed shall be paid for at a flat hourly rate, and this rate may vary from assignment to assignment. If you are GST registered, and a valid GST number has been supplied then GST will be paid in addition to this rate.
This hourly rate is not paid for lunch breaks, or when work does not start or is temporarily stopped due to weather, or other unforeseen circumstances.
INVOICING
The work week commences on a Monday and finishes on a Sunday. You must complete a NZLH timesheet, signed by the client, along with an invoice no later than 10am MONDAY MORNING to receive your pay on WEDNESDAY. Failure to do this will result in YOUR pay being delayed until the following WEDNESDAY.
TIMESHEET
Weekly timesheets must be signed off by the client’s representative, verifying that the hours worked are correct, and that the work has been completed in a satisfactory manner. It is your responsibility to ensure that these details are correct, and a signature is obtained. Unsigned timesheets will NOT be accepted by NZLH.
PAYMENT
NZLH will pay via direct credit every Wednesday night (subject to receiving your timesheet and invoice by 10am Monday) to your specified bank account recorded in your interview form. If you agree to a late invoice charge of $29 incl GST we will process your pay without an invoice for a maximum of one week at a time.
QUALITY OF WORK
You are required to provide your services to your best ability. Where the client is not satisfied with the quality of your workmanship, you may be required to do the work again to an acceptable standard, providing your labour free of charge to achieve the required level of workmanship reasonably expected by the client. Failure to rectify poor workmanship or mistakes at no additional cost within a reasonable timeframe will result in the ability of NZLH to deduct sufficient pay from monies owed to you to remedy the poor workmanship or mistake/s. IF THE CLIENT REFUSES TO PAY NZLH FOR ISSUES SURROUNDING YOUR WORKMANSHIP, NZLH WILL REFUSE TO PAY YOU.
RESPONSIBILITY
You shall be under the direction and the control of the client from the ime of commencement of duties for the entire duration of the engagement. If you are unfamiliar with the task or instructions given to you by the client, or feel that your safety is being compromised you must inform the client and NZLH IMMEDIATELY.
TERMINATION OF CONTRACT
This contract can be terminated by either party at any time, however should you be on a job you must give NZLH 48 hours notice so NZLH can find a replacement for you. Failure to give the appropriate notice will result in NZLH deducting an amount not exceeding $60.00 from monies owed to you, to cover the costs of advertising, finding, and hiring appropriate staff at short notice.
ABSENCE FROM WORK
Should you not be able to work when required you must inform NZLH IMMEDIATELY so a replacement can be found in time to ensure the Client has an uninterrupted labour supply. If you cannot make it to work you must contact NZLH BEFORE 6.00am that day. Failure to contact NZLH by 6am will result in the ability of NZLH to deduct an amount not exceeding $90.00 from monies owed to you, to cover the costs of advertising, finding and hiring appropriate staff at short notice to cover you.
HEALTH AND SAFETY
You are required to comply with NZLH’s and the client’s Health and Safety Management Policies and Procedures as set out in the Health and Safety Employment Act 1992, Resource Management Act 1991, and the Health and Safety Regulations Act 1995, and all subsequent amendments.
You as the Sub Contractor will ensure at all times a safe work environment be provided by the client, and that all hazards are identified and managed appropriately
You should wear the personal protective clothing for which you have been issued at all appropriate times.
Should you believe that:
- The safety of you or Others is being compromised
- Your work type changes
- There is inadequate supervision
- Your place of work changes
- You have not sighted and received the Client’s hazard identification and health & safety induction before work commences
- You have been involved in an Accident
- You have identified a Hazard that could cause injury
Please notify both the client and NZLH IMMEDIATELY. The safety of all involved including public, staff, or fellow workers is a paramount consideration.
You must warrant that all work is carried out in a safe and responsible manner and that all lawful requirements are complied with, including those outlined in NZLHs Health & Safety Induction and those of the client’s own Health & Safety Induction.
POACHING OF WORKERS*
In the event you, the Sub Contractor or any entity associated with you employs, hires on contract, engages or otherwise uses the Labour of any of NZLH’s present or former workers that were on any job NZLH sent You to within 350 days from Your last payment from NZLH, you AND your trading entity shall be liable to pay NZLH loss of income compensation of $5,000.00 +GST for each worker taken even though the worker may wish to terminate their contract with NZLH and begin work with you. You are also liable for ALL costs (including District Court costs) associated with pursuing and collecting NZLH’s claim.
POACHING OF CLIENTS*
Should you or any entity associated with you at any time within twelve (12) months after the last engagement to a Client of NZLH’s engage in work directly or indirectly for that same client you will be liable to pay NZLH a finder’s fee of $6,000.00 + GST and a further $6000.00 + GST for every worker thereafter who is engaged by the client through you or any entity associated with you to compensate NZLH for loss of revenue. You are also liable for ALL costs (including District Court costs and Debt Collection) associated with pursuing and collecting NZLH’s claim against you. This is a direct result of NZLH clearly losing revenue from that said client.
*I agree that each of the above fees are based on the fact it is impossible for NZLH to prove actual hours, duration, pay rates and charge rates and therefore the lost profit. Claiming I and or others I employed only worked for 1-2 weeks for the said client is not a defense, nor is it a defense to say the client approached I, or I answered an advert that the client placed in Media. I also agree that any monies owing to me for services I have provided to NZLH can and will be withheld until settlement of debt pertaining to these clauses as all payments made to me under this contract are contract payments NOT wages.
I HAVE READ, UNDERSTAND AND ACCEPT ALL OF THE ABOVE CONDITIONS REGARDING THE SUPPLY OF TEMPORARY LABOUR SERVICES TO NEW ZEALAND LABOUR HIRE LIMITED ESPECIALLY THE POACHING CLAUSES.
