Zero Hours Contract
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This document is now subject to The Agency Workers Regulations 2010 (AWR)
Also available are AWR Guidance Notes
This agreement should only be used where workers are expected to work on short term assignments that fall outside the scope of the 12 week term of the AWR. However, employers and hirers should take special care to monitor the amount of weeks a worker has on any assignment or series of assignments so that either the durations of the assignment(s) remain within the 12 week rule or, in the event of a work period reaching 12 weeks, that they communicate with each other to ensure that the regulations are applied correctly. Employers and Hirers should also take care not to apply avoidance measures to the AWR.
This Zero Hours Contract is designed to create an ‘on call’ arrangement between employer and employee, and is most commonly used by Employment Businesses who provide temporary work and short term assignments within different organisations. The most important thing about a zero hours contract is that it does not oblige the employer to find work for the employee, nor the employee to accept the work offered.
This Zero Hours Contract has been updated to comply with the changes introduced on 1 October 2011 regarding the increase to the minimum wage. From 1 October 2011 the minimum wage for 18-20 year olds will increase from £4.92 to £4.98, and for 21 year olds and above from £5.93 to £6.08.
This Zero Hours Contract has previously been updated in accordance with the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011. From 6 April 2011, it will not be possible to retire employees once they reach the age of 65 unless their retirement can be objectively justified. Such a requirement is likely to be difficult for employers to objectively justify. This contract provides that employees may volunteer to retire at any time, as there is no normal retirement age in operation.
Using this contract will allow employers and agencies to retain a pool of workers to fill temporary positions as they arise. Contracts of this nature can be especially valuable when applied to retired workers who by virtue of this agreement can be called in as and when necessary to provide the benefits of their experience.
As drafted, this contract complies with all of the most recent changes in legislation, and provides the same rights to people on zero hours contracts as are enjoyed by full time workers, on a pro rata basis.
This includes the following clauses:
1. General
2. Nature of this Agreement
3. Continuous Employment
4. Hours of Work
5. Pay
6. Holiday
7. Sickness
8. Mobility
9. Maternity and Paternity Rights
10. Pensions
11. Non-Compulsory Retirement
12. Grievance Procedure
13. Disciplinary Procedure
14. Staff Handbook and Employment Policies
15. Termination of Employment
16. Governing Law and Jurisdiction
And the Annex:
1. Assignment Agreement
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Zero Hours Contract is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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