Terms and Conditions of Listing with Frailcare4U
Frailcare4u is a division of Sitters4u CC
In the following document the term ‘Candidate’ shall refer to
- Candidate for position of permanent or temporary employment
- Candidate for Independent contractor position
- Candidate for an independent service provider position
1.General Terms:
- Frailcare4U shall keep all details of the Candidates strictly confidential.
- Frailcare4U is under no obligation to register or list a Candidate.
- Frailcare4U reserves the right to remove a Candidate from listing at any point in time.
- Frailcare4U does not guarantee placement.
- Frailcare4U has no direct employment relationship with the Candidate.
- No submission of a CV to a client of Frailcare4U and no interviews of the Candidate with a client of Frailcare4U will take place until this form, duly signed by the Candidate, has been returned to Frailcare4U.
2. General Obligations of Candidates:
- The Candidate shall uphold the reputation, Mission and Vision of Frailcare4U at all times.
- The Candidate shall provide accurate and complete information, to the best of the Candidates knowledge, in any and all application forms.
- The Candidate accepts that any information provided by the candidate may be investigated by the agency and by any possible Clients.
- The Candidate shall, under no circumstances, be under the influence of drugs or alcohol while working for any client of Frailcare4U.
3. Confidentiality and Proprietary Rights:
- The Candidate undertakes to treat all information supplied by Frailcare4U about or by a client as strictly confidential and not to pass such information on to any third party, unless strictly required in order for the Candidate to carry out the Candidates obligations to the client.
- The Candidate undertakes that they will not accept any direct offer of employment from a client that is not referred through Frailcare4U, and will immediately refer the client back to Frailcare4U, and not engage in any negotiations directly with the client, but only through the mediation of Frailcare4U.
- The Candidate understands that should a client that they have met through Frailcare4U or who has been referred to them through other clients they have dealt with through Frailcare4U contacts the Candidate, the Candidate must always first contact Frailcare4U before speaking to the client and must tell the client to contact Frailcare4U directly in order to request their services or to report the booking themselves to Frailcare4U.
- Should a Candidate introduced to the client by Frailcare4U enter into any other employment arrangement through the client, directly or indirectly, such an arrangement must be reported by the Candidate to Frailcare4U.
- The Candidate undertakes to only accept offers of employment from a client only if that offer of employment is delivered through Frailcare4U. Should the client directly approach the Candidate the Candidate undertakes to refuse to accept the offer and to refer the client back to Frailcare4U.
- The Candidate undertakes to not provide any contact details to the client until the Candidate has received an offer of Employment from the client on the official ‘Frailcare4U Offer of Employment’.
- The Candidate undertakes to not enter into any private arrangements with the client, and to inform Frailcare4U immediately should the client approach the Candidate in this regard.
- For any position that the Candidate obtains through Frailcare4U, the Candidate must be prepared to sign a contract of up to 12 months, or should the Candidate act in their capacity as an independent contractor or independent service provider contracted through Frailcare4U, the Candidate must be prepared to fulfill all commitments that they make to the client and to Frailcare4U and in their advertisement .
4.Information, damages and indemnity:
- In selecting Candidates , Frailcare4U has relied on the information supplied by the Candidate herself/ himself and the information obtained from references supplied by the Candidates.
- Frailcare4U has relied on such information in good faith and has passed on such information to the client in good faith.
- Frailcare4U shall bear no liability whatsoever for any loss or damage suffered by the Candidates, directly or indirectly, arising from the Candidates employment with the client or service to the client. In the event that the Candidate suffers any loss, injury or damage arising out of their employment with the client or service to the client, the Candidate hereby indemnifies Frailcare4U in respect of any claims made against Frailcare4U as a result of such loss, injury or damage by the Candidate or by any other person.
- The Candidate undertakes to keep Frailcare4U informed of all matters relevant to their continued availability for candidature.
- It is absolutely essential that the Candidate informs us of all matters that relate to the Candidate’s time availability
specifically:
- Other jobs that the Candidate is currently committed to
- Other jobs that the Candidate could potentially be committed to in the near future
- Any Training that the Candidate is currently undertaking or planning to undertake in the near future
- Any job or family or training circumstance that might result in the Candidate being away for any length of time – specify which circumstance and for how long and when .
- Any care circumstances that the Candidate would prefer to avoid (such as circumstances that remind the Candidate of certain unpleasant past events).
- Any circumstances, home/ family/ other that could potentially affect the Candidate’s ability
- to get to work on time or to be able to provide the service on time
- to get to work at all
- affect the Candidate’s capability whilst at work or whilst providing the service
- interfere with the Candidate whilst at work or whilst providing the service
5. The following points apply only to Candidates for Independent Contractor positions
- Frailcare4U reserves the right to remove an Independent Contractor from service at any point in time
- The Independent Contractor undertakes to give due notice of at least 24 hours for non-arrival at the place of work, and at least 4 weeks written notice of intention to cease work for a particular client; and at least 4 weeks written notice that they wish to end their relationship with Frailcare4U.
- Should an Independent Contractor introduced to the client by Frailcare4U enter into any other employment arrangement through the client, directly or indirectly, such an arrangement must be reported immediately by the Independent Contractor to Frailcare4U
- The Independent Contractor hereby authorises Frailcare4U to bill the client on their behalf according to the agreed rate between Frailcare4U and the Independent Contractor.
- The Independent Contractor understands that Frailcare4U will bill the client on behalf of the independent contractor, and that in addition a management, administration and service fee due to Frailcare4U will be charged to the client.
- Frailcare4U undertakes to bill the client on behalf of the independent contractor at an agreed hourly rate plus an agreed rate per day to cover travelling expenses, and to manage timekeeping records on behalf of the independent contractor and interface with the client in respect of client needs and care-recipient care requirements and status information.
- The independent contractor will be required to fill in a Frailcare4U Timesheet that details the hours you have worked on a daily basis, and to submit this sheet to Frailcare4U on at least a weekly basis. This timesheet must be signed by both the client and the independent contractor. This timesheet forms the basis for the invoice that we submit to the client on behalf of the independent contractor, and thus Frailcare4U can only bill the client according to the contents of the timesheet. The timesheet is submitted to the client along with the invoice.
- Should you not submit a timesheet, for any reason whatsoever, you will not be paid for the hours detailed on the timesheet. In other words you will be paid only for hours that you have stipulated on the timesheets that you have handed in to Frailcare4U through the client.
6. The Frailcare4U Process for Candidate for positions of permanent or temporary employment and for independent contractors in the event that the client has requested that we place such a contractor with them:
1.We provide likely clients with a summary of your CV. This summary does not include your name or any contact details.
2.Should the client inform us that they wish to interview you, then, with your permission, we email full details of your CV to the client. This includes:
Copy of ID.
Copy of drivers license
A recent ( within the last 6 months) responsible looking photograph , preferably in uniform.
Certified copies of all of your educational qualifications, diplomas, product training, etc
A copy of your last payslip.
A copy of your latest IRP5.
A few letters of recommendation from past employers
The contact details of at least 2 contactable references.
Proof of address
Police clearance certificate
3. Should the client wish to proceed further, we set up the interview.
4. You may discuss your terms and conditions of employment with the client and a start date of employment.
Note that Frailcare4U does not do placements that involve a ‘try-out’ period, however we do recommend that the Candidate meet the care-recipient and view the place of work before accepting any offer of employment or request for service.
5. In the case of a Candidate for employment: After the interview should the client wish to make an offer of employment directly to you he must do so on the standard ‘Frailcare4U Offer of Employment’ with the clients signature at the bottom. Any other means of presenting the offer of employment is invalid. When you receive the Frailcare Offer of Employment from the client you must immediately email or fax it to us with your signed acceptance/ rejection .
In the case of an independent contractor should the client wish to make an offer directly to you he must do so on the standard Frailcare4U ‘Request For An Independent Contractor’ form. Any other means of presenting the offer is invalid. When you receive the Request for An Independent Contractor you must immediately email of fax it to us with your signed acceptance/rejection.
6. Should the client choose to make the offer of employment through Frailcare4U, then during the process of negotiation of conditions of employment /service we may call the Candidate to present a clients’ offer. When all is settled we email the signed ‘offer of Employment’ / Request For An Independent Contractor Service / Request for Service to the Candidate for signature, to either accept or reject. The Candidate emails this back to us, and we then forward the Candidates’ response to the client. You must under no circumstances begin employment until this offer of employment is signed by both parties.
7. In the case of Candidates for employment : At this point we assist our client to draft an employment contract based on the content of the Frailcare Offer Of Employment. We email this Employment contract to the Candidate for their signature. The Candidate must then sign the employment contract and forward it to us by email of fax, whereupon we forward it to our client. It is very important that this process is mediated through us.
7.Disclaimer:
- The Agency does not accept any responsibility and/or liability in terms of any information or misrepresentation concerning the Client, nor shall it be liable for any loss or damage incurred or suffered by the Candidate, resulting from any act or omission of a Client or Candidate , whether accidental, intentional or through negligence.
8. Release and Indemnity Agreement :
- This document contains the whole agreement between the parties.
- No variation, amendment, deletion or addition to these terms and conditions shall be valid unless in writing and signed by the parties.
- Neither party shall be bound by any express or implied term, representation, warrant, promise or the like not recorded in this contract.
- No indulgence granted by Frailcare4U to the candidate shall be deemed to be a waiver of any of rights of Frailcare4U.
