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CONTRACTOF

EMPLOYMENT

This employment agreement is made on – Date as entered below.

Between:  

 

1. Eco Cleaning Services whose registered office is at 35 – 37 High Street, Barrow Upon Soar, Leicestershire, LE12 8PY and

 

2. Name as entered below

 

Whereas:

 

A. We employ you; we are part of a group of companies. You owe obligations to other members of the group of companies in your capacity as Cleaning Operative. If there is any conflict between our instructions and any given by another member of the group of companies, you must follow those given by Eco Cleaning Services.  

 

It is agreed as follows:

1. Duration of employment  

1.1 Your employment will start on (Date as entered below) and will continue unless and until it is ended under clause 15.  

 

1.2 You will be on probation for at least the first six months of your employment. During the last month of the probationary period we will write to you to convene a meeting. The meeting will take place at least a week before the end of your probationary period. At the meeting we will discuss with you whether we will confirm your employment or extend your probationary period. If we do not confirm your employment or extend your probationary period, your employment will end at the end of the probationary period. We will write to you to confirm this and to offer you the opportunity to appeal against our decision.  

1.3 During the probationary period, either party may end your employment by giving one month’s notice during the first 3-month period and thereafter refer to clause 15.  

 

1.4 During the probationary period:  

 

1.4.1 the disciplinary procedure set out in clause 15 will not apply;

 

1.4.2 we will, if necessary, follow the statutory minimum dismissal procedure in force at the time

 

1.4.3 we will have the right to suspend you at any time

 

1.4.4 if we consider you guilty of gross misconduct or gross negligence, we will not be obliged to give you any notice to terminate your employment.  

2. Period continuously employed

 

2.1 For the purposes of the Employment Rights Act 1996 the relevant date for calculating your continuous period of employment as section 1.1. 

 

3. Former contracts

 

3.1 This agreement replaces all other employment agreements between the parties.  

 

3.2 You confirm that you will not breach any duty of any type owed to any person by signing this agreement.

4. Job title  

4.1 We will employ you as Cleaning Operative.  

 

4.2 You will report to Cleaning Supervisor.  

 

4.3 We may change your job title and description following consultation with you.  

 

4.4 We may appoint others to work in a similar position or in place of you where you are absent or require additional assistance.  

 

4.5 We may require you to take up any other position that we consider appropriate following consultation with you.  

 

4.6 We may require you to take up a position with any associated employer or any member of the group of companies following consultation with you.  

 

4.7 We may transfer this agreement to any associated employer or any member of the group of companies. in which case all references in this agreement to us will be treated as references to the relevant associated employer or member of the group of companies from the date of transfer.  

 

4.8 We will give you one week's notice of any changes to the current position.  

5. Place of work  

5.1 Your main place of work will be provided to you upon commencement of your employment, but following consultation with you, you may be requested to work at various places throughout the UK to accommodate business needs.  

 

6. Normal hours of work

6.1 Your normal hours of work are; as entered above - per week between Monday and Sunday.

 

6.2 Where the hours that you work vary we will always endeavour to give you at least one week's notice of the hours that we require you to work.

 

6.3 You will also be required to work such extra hours as may be necessary for you to do your job.  

 

6.4 You will be entitled to an unpaid lunch break of 30 minutes if you work more than 6 hours in any working day.  

 

6.5 You agree that the forty—eight hour average working week limit prescribed by the Working Time Regulations 1998 will not apply to you but you may withdraw your agreement by giving us three months’ notice or by signing an opt in form from the commencement of this contract.  

 

6.6 Whilst we will always endeavour to do so, we do not have to provide you with work at any time or give you the opportunity to maintain or enhance your abilities or skills.  

 

6.7 it is a requirement that you clock in when you start work and clock out at the end of the day. Failure to do so will result in deductions from your pay.  

7. Pay  

7.1 We will pay you a basic wage at the rate of £7.50 per hour.  

 

7.2 You will be paid for any overtime worked in excess of your agreed hours in section 6.1, at the rate of one times your basic hourly rate.  

 

7.3 Your salary will accrue from working day to working day but will not accrue on any working day during which you are absent due to sickness or injury or for some unauthorised reason unless otherwise stated.

 

7.4 We will not pay you for any days of unauthorised absence.  

 

7.5 We will pay your salary monthly by the end of each month or on such other day as we may notify to you.

 

7.6 Payment will be made by direct credit transfer.  

 

7.7 We will review your salary in April each year. Any increase in your salary will be at our discretion.

 

8 Pension and contracting out certificate  

8.1 You may join our stakeholder pension scheme subject to its deed and rules.  

 

8.2 if you would like more information please contact the Payroll Manager.  

 

8.3 You must provide accurate information to the pension scheme providers as and when they request it and you must comply with all rules of the pension scheme.  

 

8.4 Your entitlement to benefits under any pension scheme is subject to the scheme‘s rules.  

 

8.5 We may vary the rules of the scheme or withdraw the scheme at any time without liability to you. If it is withdrawn, the scheme will be replaced with an alternative pension scheme of our choice, which may or may not provide similar benefits to you. We will not be liable to you for any loss you suffer as a result of any change of scheme.  

 

8.6 The trustees of the scheme are responsible for payment of any benefits under the scheme. We do not guarantee any such payment.  

 

8.7 We have no obligation in respect of your relationship with the trustees or the scheme providers.  

 

8.8 If your employment or this agreement ends for any reason, you will not be entitled to any compensation for any loss or reduction in value of any rights or expectations in relation to our pension scheme that arises as a result.  

9 Holidays

9.1 Our holiday year is from 1*‘ January to 31*‘ December.

 

9.2 In each complete holiday year you will be entitled to:    

 

9.2.1 20 days paid holiday.  

9.2.2 you also have opportunity to gain extra loyalty holiday days after a 2-year qualifying period. These extra days are calculated on the 1“ January each year and you must have completed 2 years service at this date before you are entitled to any loyalty days.  

9.2.3. 2 yrs service (at 1“ Jan) - 1 day

3 yrs service - 2 days

4 yrs service - 3 days

5 yrs service - 4 days

6 yrs service - 5 days maximum

9.3 lf your employment starts or ends part way through a holiday year, you will be entitled to:  

 

9.3.1 any statutory holiday falling during your employment; and  

 

9.3.2 a proportion of the working days equivalent to the proportion of the relevant holiday year for which we actually employ you.  

 

9.4 You are entitled to statutory holidays, which fall on your normal working days. If you are required to work on any statutory holiday we may either allow you an extra day's holiday or pay you for the day.  

 

9.5 Your entitlement to statutory holidays will accrue as and when they occur. Your additional holiday entitlement will accrue pro rata from working day to working day but will not accrue on any working day during which you are absent due to sickness or injury or for an unauthorised reason.  

 

9.6 if you are a part—time employee you will receive:

9.6.1 a proportion of the holiday entitlement as detailed in clause 9.2.2; and

9.6.2 a pro-rata entitlement to statutory holidays; and

9.6.3 a pro-rata entitlement to the loyalty days detailed in clause 9.2.3  

 

To reflect the proportion of the full-time week that you work.  

 

9.7     when calculating your accrued holiday entitlement, we will always round up to the nearest whole day.  

 

9.8 We may require you to take holiday at any time. We will notify you of our requirements at least two weeks‘ in advance. Subject to clause 9.12, you may take holiday at any time subject to approval on a first come first served basis and provided that you give at least two weeks’ notice and your line manager does not object.  

 

9.9 You may not carry any unused holiday entitlement forward to a subsequent holiday year.  

 

9.10 We will not pay you for any working days holiday accrued but not taken in a holiday year unless you have the written approval of a Director.  

 

9.11 You may not take more than ten working days‘ holiday together.

 

9.12 You may not take any of your holiday entitlement within the first 3 months of your probation. 

 

9.13 If either party gives notice to end your employment, we may require you to take some or all of your remaining holiday during your notice period but otherwise you will not be entitled to take any holiday during your notice period.  

 

9.14 At the end of your employment, we will pay you in accordance with the Working Time Regulations 1998 in lieu of any holiday entitlement not taken. You will be required to repay us any pay received for holiday taken in excess of your holiday entitlement.  

 

9.15 The provisions of regulation 15(1) to (4) of the Working Time Regulations 1998 (length of notice to be given or received to take holidays) do not apply to your employment or this agreement.  

10 Absence from work

10.1 You must follow our absence notification procedure, which is set out in the Absence Policy. This applies to all absences other than when you take properly authorised holiday.  

 

11 Sick pay  

11.1 We operate the statutory sick pay scheme under the Social Security Contributions and Benefits Act 1992. You must co-operate in the maintenance of all necessary records. We will offset any payment made to you during a period of sickness (other than for salary earned previously) against any liability for statutory sick pay. An explanation of the statutory sick pay regime is set out in the staff handbook.  

 

The payment of sick pay will not affect our right to terminate your employment for ill health or any other reason.  

 

Payment of sick pay or in satisfaction of any other contractual entitlement will go towards discharging our liability to make payment under the statutory sick pay scheme and vice versa.  

 

You will notify us of all social security benefits received by you during any period of absence and any incapacity pay will be reduced by those amounts.

 

if your absence appears to be or is caused by someone else’s negligence and you receive compensation from them, then all payments made by us under this section will constitute a loan to you. You must notify us immediately of any relevant circumstances and give us all the particulars of such matters as we may require.

 

You must repay to us a sum not exceeding and the lesser of:  

 

  • The amount of compensation recovered by you for lost earnings; and

  • The incapacity pay, which you received from us.

12 Trade union membership and collective agreements  

12.1 You may become a member of, hold office in and/or support the of any independent trade union but you do not have to do so.  

 

12.2 You do not have to tell us about your trade union membership, office or activities but it you do, you authorise us to retain a record and agree to notify us of any change in details.  

 

12.3 Unless we are required to do so by law, we will not formally recognize a trade union.

 

12.4 There are no collective agreements affecting your employment.  

 

13 Grievance procedure  

13.1 If you have any grievance relating to your employment, you should raise it in writing to the Human Resources Department.  

 

13.2 Our grievance procedure is set out in the Grievance Policy..  

 

14 Disciplinary procedure  

14.1 Our disciplinary procedure is set out in the Disciplinary Policy.  

 

14.2 You may appeal against any disciplinary decision in writing to a Director. Any appeal must be made within one week after you receive notice of the original decision.  

15 Termination

15.1 Either party may end your employment by giving the other notice in writing. Subject to clause 1.3:  

 

Length of service                                                                  Notice to be given by you        Notice to be given by us

Up to three months                                                              1 Month                                      Not less than 1 Month

Three months – up to but not inclusive of three years     1 Month                                      Not less than 1 Month

Three years and above                                                        1 Month                                      One weeks notice for each complete year of employment

                                                                                                                                                   (subject to a minimum of three weeks)

 

15.2 Nothing in clause 15.1 will prevent us from terminating your employment without notice and without pay in lieu if you are guilty of gross misconduct.

 

15.3 Upon termination of your employment, you must work the correct amount of notice. Failure to do so will result in possible deductions from your final wage to cover costs of agency workers required to fulfil your shifts(s)  

 

15.4 Upon termination of your contract, you must return all uniform, keys, key cards and security information to your line manager, failure to do so may result in deductions from your final wage packet.

16 Changes to terms  

16.1 Within this agreement, we have given ourselves the right to make various, specific changes.  

 

16.2 We may also give you notice that we want to make changes to any of the terms of this agreement.

16.2.1 No such change will be effective unless notified to you in writing.

16.2.2 you will be given at least one week’s notice of any proposed change.

16.2.3 each change will be deemed accepted unless you notify us of any objection in writing before the end of the relevant notice period.  

 

17 Additional terms  

17.1 Certain company policies form part of this agreement. Please refer to the company policy itself for details. Unless specifically identified in the company as part of this agreement, the rules, regulations, policies, statements and procedures contained in the staff handbook have no contractual force.  

 

17.2 This agreement (including the relevant parts of the company policy) constitutes the entire agreement -between the parties in relation to your employment.

 

17.3 If there is any difference between what is set out in this agreement and what is set out in any other document the details in this agreement are the correct details.  

 

17.4 You confirm that in signing this agreement, you are not relying on anything we may have told you or put in writing that is not contained in this agreement or the company policy.

 

17.5 Clause 17.4 is not intended to exclude liability for fraudulent misrepresentation.  

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