1. These Terms & Conditions of Business are between CIS and the Hotel and Catering Establishment (the “Client”) and are deemed to be accepted by the client by virtue of their employing a candidate introduced to them by CIS.
2. If the length of time a candidate is employed by the client extends beyond the originally confirmed time, additional fees will become payable to CIS. CIS will charge a fee of £70 per week plus VAT for up to any 10 weeks within day one of the first day of employment up to a date 12 months from the first day of employment.
3. The Client agrees:
i To notify CIS immediately a candidate accepts a PERMANENT offer of
Employment WHICH may result in another fee being due.
ii To notify CIS immediately of any change in circumstances that may
result in a reduction or an increased fee.
iii To pay all fees to CIS immediately they become due for payment. Should the client be an approved creditor. For New and non-approved creditors payment will be taken by debit card upon completion of the stint or after 5 weeks, whichever is sooner and then again on completion of the stint or after 10 weeks.
iv To pay the candidates the agreed wage and make all necessary deductions and to
account for Income Tax and National Insurance contributions as required by law.
v To comply with all statutes, regulations, codes of practise and legal requirements to
which the client is subject in relation to the employment of staff introduced by
CIS.
4. CIS will make its best endeavours to introduce suitable candidates for positions offered by the Client however CIS shall not be liable under any circumstances for any loss, damage or expense incurred by the Client as a result of any act, omission or error committed by a candidate introduced to the Client as a result of the unsuitability of any candidate to perform their duties in a satisfactory manner.
5. CIS forbids the Client to pass on the details of a candidate to another prospective employer. Should the Client pass on the details of a prospective employee to another prospective employer, CIS will automatically invoice the Client for the sum of £1000 plus VAT irrespective of employment taking place or not.
6. Once confirmation has been sent to the client a cancellation fee of £30 + vat will be taken or invoiced should the client cancel the relief job for any reason.
i Holiday Pay is a statutory requirement and is accrued on a pro rata basis from day
1 of employment. This equates to 12.07% of money earned as directed by ACAS.
ii Accommodation provided for a relief chef is a benefit in kind and must be
accounted for as such.
iii Travelling expenses are a benefit in kind and must be accounted for as such.
7. These Terms and Conditions may not be varied without the written consent of the Managing Director of CIS.
8. These Terms and Conditions shall be governed in accordance with the law of Scotland.
LEGAL OBLIGATIONS AND TERMS permanent recruitment
1. These Terms & Conditions of Business are between Chefs In Scotland and the Hotel and Catering Establishment (the “Client”) and are deemed to be accepted by the client by virtue of their employing a candidate introduced to them by Chefs In Scotland.
2. The fee payable to Chefs In Scotland by the Client for the introduction of a chef or other catering staff is detailed in the attached “Scale of Charges”. Fees may vary depending on the level of experience and expertise required for the position and the length of time the candidate is expected to stay in the position. The “Scale of Charges” may vary from time to time but will always be agreed with the Client prior to the introduction of a candidate.
3. 100% of the fee due to Chefs In Scotland by the client for the placement of permanent staff is payable upon completion of a 1 week probationary period by the candidate introduced by Chefs In Scotland to the Client. If for any reason a candidate leaves the employment of the Client prior to the completion of the initial 1 week probationary period an administration fee of £30 plus VAT only will be charged to the client. Should a candidate leave the employment of the Client after 1 week and before 6 weeks of employment , the fee charged will be reduced on a sliding scale according to time in employment (20% of the fee will be charged if the candidate leaves in the second week, 40% in the third week, 60% in the fourth week, 80% in the fifth or the sixth week). All fees due to Chefs In Scotland for the placement of temporary staff are payable weekly in advance. Chefs In Scotland reserves the right to charge interest on all overdue debts at the rate of 2% per month.
4. If the length of time a candidate is employed by the client extends beyond the originally expected time or the candidate is appointed to a more senior position during the first twelve months of their employment with the Client, then an additional fee will become payable immediately to Chefs In Scotland. This additional fee will bring the total fee payable for that candidate into line with the appropriate fee as per the “ Scale of Charges” agreed with the client prior to the introduction of the candidate.
5. The Client agrees:
i To keep all details of introductions made by Chefs In Scotland strictly confidential.
ii To notify Chefs In Scotland immediately a candidate accepts an offer of employment.
iii To notify Chefs In Scotland immediately of any change in circumstances that may result in a reduction or an increased fee as per paragraphs 3 and 4 above.
iv To pay all fees to Chefs In Scotland immediately they become due for payment.
v To pay the candidates the agreed wage and make all necessary deductions and to account for Income Tax and National Insurance contributions as required by law.
vi To comply with all statutes, regulations, codes of practise and legal requirements to which the client is subject in relation to the employment of staff introduced by Chefs In Scotland.
6. Chefs In Scotland will make its best endeavours to introduce suitable candidates for positions offered by the Client. However the Client must satisfy themselves that the candidate has the necessary skills and qualifications required to perform their duties and it is strongly recommended that the Client takes up any references (including confirmation of any professional qualifications) provided by the candidate prior to offering the candidate a position.
7. In order to ensure an efficient service, to both the prospective employee and the Client, we request that you respond to all sent curriculum vitae within a period of 7 days hence from the day on which the curriculum vitae are sent. Should the Client fail to respond to Chefs In Scotland within said 7 day period, Chefs In Scotland reserves the right to withdraw the Client’s position from the Chefs In Scotland database.
8. Chefs In Scotland shall not be liable under any circumstances for any loss, damage or expense incurred by the Client as a result of any act, omission or error committed by a candidate introduced to the Client as a result of the unsuitability of any candidate to perform their duties in a satisfactory manner.
9. Chefs In Scotland expressly forbids the Client to pass on the details of a candidate to another prospective employer. Should the Client pass on the details of a prospective employee to another prospective employer, Chefs In Scotland will automatically invoice the Client for the sum of £1000 irrespective of employment taking place or not.
10. Should the client employ a chef within nine months of the original introduction (interview or CV being sent over by email) the full fee will be due irrespective of whether the chef was subsequently introduced via another agency or through a different advert.
11. These Terms and Conditions may not be varied without the written consent of the Proprietor of Chefs In Scotland.
12. These Terms and Conditions shall be governed in accordance with the law of Scotland.
