Community Guidelines for Job Seekers
(Contract for Services)
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Welcome to Syft Online Limited whose registered office is at 88 Kingsway, London, WC2B 6AA (Company Number: 09372516); referred to hereinafter as either Syft or the Company.
This Syft Community Guidelines (the Contract) sets out the terms and conditions of your engagement with the Company and the Client, and the Company’s expectations with respect to the manner in which you (Job Seeker) will provide your services.
These Syft Community Guidelines govern the contract between Syft, You (Job Seeker) and the Client for Engagement of the services via the Company’s web application (accessed via the URL www.syftapp.com) or mobile applications (iOS and Android). Such services, website and mobile applications together are hereinafter referred to as the “Service, Services”.
At no time does Syft exercise control over its Job Seekers, such that control could be ceded by Syft to its Clients. The obligations owed by a Job Seeker to Syft and visa-versa begin only after the Job Seeker has accepted an assignment and, accordingly, has come under the control of the Client. Syft only provide introductory services, together with other ancillary services, including evaluating Job Seekers capabilities, taking references and a payments service in respect of payments of the pay rates to Job Seekers.
By accessing and using the Service you accept these Syft Community Guidelines and you consent to receiving calls and text messages from us to your mobile phone, if we consider this necessary in order to facilitate fulfilment of an Engagement.
In these Syft Community Guidelines the following definitions apply:
“Company” means Syft Online Limited whose registered office is at 88 Kingsway, London, WC2B 6AA (Company Number: 09372516);
“Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Acts 1985 and 1989 to whom the Job Seeker forms an Engagement with;
“Engagement” means the engagement, or use by the Client or the Client’s contacts, whether under a contract of service or for services, or where an Job Seeker is retained by the Client in a personal or corporate capacity as an agent, franchisee, partner or any other engagement whatsoever and includes any engagement made as a consequence of accessing the Service (defined below), including engagements made by third Parties as a consequence of the Client passing on any information obtained as a result of using the Service; “Job Seeker” means the individual who is engaged by the Client for the purposes of carrying out work on a temporary, temporary to permanent or permanent basis as the case may be; Regulations means the Agency Workers Regulations 2015; Shift means one working shift within an Engagement between the Client and Job Seeker, where one Engagement can have multiple shifts;
Syft is an employment business that provides an online platform where businesses who require extra staff on a short term basis (Clients) and individuals who are willing to be contracted on a short term basis to fulfil the staffing shortages (Job Seekers) can connect with each other.
Upon an Engagement, You (Job Seekers) are contracted by Syft as a Worker under UK Employment Law.
For the avoidance of doubt, this agreement does not give rise to a relationship of employer and employee. There is no mutuality of obligation whatsoever between you and the Company. This means that the Company is not obliged to offer you work, nor are you obliged to accept any offer of work made by the Company or via the Company’s Services.
No contract shall exist between Syft and the “Worker” between Engagements.
As a worker you are not obliged to undertake any work or assignment via the platform, however if you do accept any work or assignment via the Company’s online platform you will be obliged by the following:
At point of accepting an offer from the Client via the Services, you agree that you expect to be able to carry out the responsibilities of the job offer.
Co-operating with the Client’s reasonable instructions and accept direction, supervision and control of any responsible person within the Client’s organisation.
Observe and obey any relevant rules and regulations of the Client’s establishment.
Take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by your actions whilst on an assignment and comply with the health and safety policies of the Client.
Not engage in any misconduct or behaviour that is detrimental to the interests of the Company and the Client. This includes any actions that could bring the Company or the Client into disrepute and/or which results in loss of business for either party.
The Company is committed to the highest standard of health and hygiene. You will report to the Company if you are suffering from the illness or condition that prevents you from working with food.
Place of Work
You will be required to work at the venue of each event for which you have agreed to provide your services. No travelling expenses will be paid for events unless agreed via the Syft platform with the Client or agreed with Syft in writing.
Remuneration and Timesheets
You will be paid the agreed hourly rate, WHICH IS INCLUSIVE OF HOLIDAY PAY, between yourself and the client for each assignment worked, subject to deductions for PAYE income tax and national insurance contributions by BACS payments.
By accepting assignments via the platform you agree to be paid your holiday pay up front. As Syft does not wish to retain your holiday pay and think it’s only fair that you receive it straight away.
Payroll will be paid within a maximum of 10 days provided all terms and conditions are followed.
All time sheets will be generated via the Company’s online platform. At the beginning of each shift you will have to clock in using the mobile application to register your starting time by allowing the client to scan your QR code found on your booking. And at the end of each shift you will have to clock out also using the mobile application registering your finishing time by allowing the employer to scan your QR code found on your booking. This will account for if you start late/early or finish late/early, and thus calculate your correct payment owed.
If you fail to get scanned in and out of your shift using the Syft it can result in your pay being delayed up to 1 month.
If the client is unable to scan you or refuses to do so then it is solely your responsibility to contact us immediately on 0203 488 1383 before your shift starts, failure to do so will result in further delay of your payment. If you disagree with the time-sheet you will have up to 48 hours from when you receive your payslip to lodge a dispute with us the Company to state what you believe to be the correct time. The company will then consult the Client in an attempt to resolve the dispute and will provide final answer on the matter.
There are no set hours of work. The numbers of hours that you will be required to work at each event will be determined by the Client, however for any agreement between you and the client, the client must provide a minimum of 4 hours work.
FAILURE TO CLOCK IN AND OUT USING THE MOBILE APPLICATION WILL RESULT IN PAYMENT BEING DELAYED BY UP TO 28 DAYS. PLEASE REMEMBER TO SEEK OUT YOUR SITE CONTACT SO YOU CAN BE SCANNED IN AND OUT.
You must not leave the booked assignment until you are instructed to do so. If you leave the event without the supervisor’s instruction before the pre-agreed time set at the point of engagement on the online platform you will not be paid for the hours that you worked. If you are asked by the Client to work more than the pre agreed hours you are not obliged to do so, however if you do you will be paid at the original agreed rate between yourself and the Client for those extra hours worked. If the Client asks you to work beyond the agreed hours, which may result in extra travel expenses, you must raise an invoice with Syft claiming these expenses, which must be within reason, from the Client within 24 hours of completing the shift. Your money will be paid directly into your bank account. We do not pay cash or in cheques. We do not provide loans or advances.
For a period of up 30 weeks from the date of the last shift involving relevant parties engaged via Syft, Users agree not to engage in a contract for services or employment outside Syft, without using Syft’s services.
Any attempt at engaging clients outside of Syft’s services could result in a fine of £150 and immediate removal from the platform.
Tax and Other Deductions
The Company will run payroll, and all tax contributions will be deducted from your gross pay. Tax contributions will include your PAYE and National Insurance contributions. The Company may deduct from payments due to you for any overpayment in respect of previous assignments; any other deductible expense or cost and the cost, or part cost, of any loss to the Company resulting directly from any act of gross negligence or carelessness or any other breach of this Contract by you.
As a worker for the purposes of the Working Time Regulations 1998 you are entitled to 5.6 weeks paid holiday per year, calculated pro rata i.e. at the rate of 12.07% of each hour worked. Holiday entitlement is accrued from your first hour of working in line with statutory requirements. You will receive all holiday pay accrued included in your receipt of payment for each shift. HOLIDAY PAY IS INCLUDED IN THE AGREED RATE BETWEEN YOU AND THE CLIENT.
Contacting the Office
The office is located at 88 Kingsway, London, WC2B 6AA.
The office is open Monday and Friday from 9.30 AM-6PM by appointment only. Or contact us by email on email@example.com.
Lateness for a bookings will not be tolerated. You must ARRIVE AT THE VENUE 15 MINUTES BEFORE the starting time ready to work and report to a manager/supervisor. If you are late the client may send you home and you will not be paid for the event. If you are going to be late please call the office on 0203 488 1383, even if it is outside of office hours, so that the Company can notify the Client.
IF YOU ARE REPORTED LATE TWO TIMES OF MORE THAN 10 MINUTES YOU WILL BE SUSPENDED FROM THE PLATFORM AND WILL HAVE TO ATTEND ANOTHER INDUCTION SESSION AT OUR OFFICES TO TRY AND GET REVERIFIED.
If you accept a job from a Client via the Service please do not let any other work commitments affect it, whether through double bookings or lateness. If you accept a job from a Client and you are unable to attend work, you should notify the Company straight away by cancelling your booked job via the Service. You will have until 24 hours before the start of shift to cancel via the Service. If you fail to contact the Company office within this time period or do not show up for the start of your shift you will black-marked on the Service. Two black-marks will result in expulsion from the Service.
If an event is cancelled the Company will endeavour to give you as much notice as possible. If the Client cancels a booking within 24 hours of booking, you may be entitled to compensation pay of up to 4 hours working pay based on agreed rate between you and the Client, decided at the discretion of the Company. In the event of your misconduct the Company or the client is entitled to instruct you to end an assignment at any time without notice or payment.
If you fail to attend your first booking without notice, this contract will be terminated without notice and you will be banned from the Service. If you fail to attend subsequent to your second or any further bookings, we have a ‘Two strikes and out’ rule. This means that you will be warned about this once in writing, electronically. In the event of a second non-attendance, this contract will be terminated immediately.
As an agency worker you are entitled to Statutory Sick Pay (SSP) providing you meet the relevant qualifying criteria.
Rest Breaks and Refreshments
You will be notified by the Company’s client as to when you may take a break and you are entitled to a minimum 30 minute rest break during a shift of more than 6 hours. You are advised to take refreshments with you as the Company cannot guarantee that you will be supplied with any food or drink. The provision of any refreshments is entirely at the discretion of the Client.
Uniform and Conduct
You are required, when working, to be dressed in clean work clothes / uniform and to be immaculate in appearance. Hair always clean and tidy, and long hair should be tied up and men should be clean shaven. You would have already received more information on this during your induction. Please check our website www.syftapp.com for full details regarding uniform requirements and conduct.
Certain Clients will set their own uniform and conduct rules when offering you work, and if you accept an offer for provision of services from the Client you must abide by their uniform and conduct rules.
You are to be on your best behaviour, work hard and to serve the Client to the best of your ability at all times to ensure receiving a better rating and therefore better pay in the future. You are expected to take all reasonable steps to safeguard your own safety and the safety of any other person who may be present or affected by their actions on any Assignment and comply with the Health & Safety policy of the Client.
The following will be regarded as misconduct which could entitle the client to ask you to leave the event:
- Theft and/or fraud.
- Discrimination, bullying and harassment.
- The use of company facilities and equipment for personal reasons in work time.
- Damage to property belonging to or in the possession of the client or of other Service providers.
- Abusive behaviour (verbal or non-verbal) physical violence or assault.
- Swearing or abusive language. Fighting at work.
- The wilful failure to follow management instructions or guidelines.
- Possession of an offensive weapon.
- Smoking in the workplace, or consumption of alcohol or drugs.
- Conduct likely to endanger persons or property.
- Failing to switch off mobile phone during your working hours.
- Any use of mobile phone outside of your designated rest breaks or for the purposes of clocking in and out of an assignment and other assignment related issues.
- Failure to speak English if requested by the client.
Please note that in the event that you are asked to leave an event for any of these breaches no payment will be made and the agreement between you and the Client will be terminated immediately.
IF WE RECEIVE TWO COMPLAINTS FROM CLIENTS REGARDING YOUR APPEARANCE, YOU WILL BE SUSPENDED FROM THE PLATFORM AND WILL HAVE TO ATTEND AN INDUCTION AT OUR OFFICES TO GET REVERIFIED.
Feedback and Ratings
By using the Services, you agree to be given feedback by clients for whom you have provided services for. You acknowledge that feedback will consist of ratings and reviews left by Users and that these ratings and reviews will be used by Syft to display on your profile publicly. Syft is not legally responsible for any rating or review posted on its services by any users or third parties.
Syft uses clients’ ratings of your services provided at it’s discretion to decide whether you maintain access to the platform.
48 hour Limitation Waiver
The Working Time Regulations 1998 (The Regulations) require the Company to limit your average weekly working time to 48 hours (averaged over 17 weeks) unless you agree with the Company that limit shall not apply to you. Using these services indicates agreement (which will apply until terminated by notice) on the basis that: 1) the 48 hour limit on average weekly working time will not apply to you. 2) you may terminate the agreement (so that the 48 hour time limit would apply to you) by giving written notice by emailing firstname.lastname@example.org.
If you do not contact the Company office or use the online platform for more than one month we will automatically remove your profile from the Services and archive your profile from the Company’s online platform.
No notice is required from you to terminate this agreement.
In order to protect the confidentiality and trade secrets of any Client and the Company and without prejudice to every other duty you agree that you will, both during and after the term of this Contract, keep confidential and not disclose to any person (except in the proper performance of your services under this Contract) nor use for your own benefit or for the benefit of any third party information relating to: the Company, its business, clients, and customers or, the Client, its business, guests or clients.
You agree to deliver up to the Client or the Company at the end of each shift all documents and other materials belonging to the Client (and all copies) which are in your possession including documents and other materials created by them during the course of the contract for services.
You must also keep confidential details concerning the presence and conduct of any persons attending an event.
This clause shall not apply to any information which is in the public domain other than through a breach by you of this or any other obligation of confidentiality, or which you are ordered to disclose by a court of competent jurisdiction.
During the term of this contract, it is necessary for the Company to retain information about you, in particular for the purposes of complying with the Act and the Regulations. Any such data processing will at all times be in accordance with the Data Protection Act 1998 and the Company recognises the importance of respecting the personal privacy of all its Job Seekers.
The Company may need to process data about you for purposes connected with the provision of your services and by using the Service therefore agreeing to these terms, you accept this clause also.
Neither the Company nor clients will be responsible for your personal belongings. Please ensure that you keep your personal possessions secure. You are advised not to take any items of value with you to an event. Please note that clients have the right to search your bags on their premises.
If you have agreed to provide your services at an event which requires security clearance the Company reserves the right to pass on necessary details to the relevant authorities. By using the Serves you agree to provide a photograph of yourself which may be used for security clearance purposes.
In addition to providing a photograph for the purposes of security, you also agree using the Services you allow your photographs of your profile and any photos and video footage of events at which you have worked to be published on our website and used in other marketing materials which may be produced by the Company.
It is the Company’s policy to ensure that no employee, worker, supplier or client receives less favourable treatment on the grounds of race, sex, disability, age, sexual orientation, religion, belief or ethnic or national origin. If you fail to adhere to this policy, the Company will terminate this Contract.
Immigration and Asylum Act
Under the Immigration & Asylum Act 1996 we are obliged to confirm that you have the legal right to work in the United Kingdom. This Contract will be terminated if at any stage you lose your right to work in the United Kingdom.
Amendments and Variations
Any changes to the Syft Community Guidelines shall be notified to you by a notice via the online platform, and to the email address provided by you when you signed up to the online platform.
These conditions shall be governed by and constituted with English law.
Failure by the Company to enforce any provision(s) of the Syft Community Guidelines will not be construed as a waiver of any provision or right. The Syft Community Guidelines constitutes the entire agreement between you and the Company with respect to its subject matter. If any provision of the Syft Community Guidelines is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. The Syft Community Guidelines will inure to the benefit of the Company, its successors and assigns.