Jul 11,2020 | 8 min read

Zero Hours Workers Contract

 Zero Hours Workers Meaning

 A zero-hour contract is a type of contract between an employer and a worker, where the employer is not obliged to provide any minimum working hours, while the worker is not obliged to accept any work offered.The employee may sign an agreement to be available for work as and when required, by not fixing number of hours or times of work to be invested in. Depending on jurisdiction and conditions of employment, a zero-hour contract may differ from casual work. They are often used in agriculture, hotels and catering, education, healthcare or in any other sector where the need may arise depending upon their requirement of work. Where they are used to enable on call scheduling. This term is used to refer to on-call shift scheduling practices, even though it is an enabling form of a contract. 

 

                                   Zero Hours Workers Contract  

                         

  This Zero Hours Workers Contract (‘’the Agreement”) dated __________ day of by and between _________________ (the “Employer/Company”) having it registered office at____________and  _______________(the “Employee”) S/o or D/o having its address at_____________.

WHEREAS, the Employer wishes to retain Worker for certain work-related services and to fill such work assignments as it may require from time to time according to requirements

WHEREAS, the Worker willing  to render such services to the Employer as mentioned under this Agreement.

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration, the Parties do hereby agree as follows:

1.DEFINITIONS

1.1 A Zero Hours Worker is Defined as a worker where:

1.1.1 the employer is not obliged to provide any minimum working hours

1.1.2 the worker is not obliged to accept any work offered

1.1.3 is engaged to work is not constant or is 'as and when’ required basis

1.1.4 has no expectation of ongoing or further casual work engagements being offered

1.1.5 is paid in full each fortnightly pay period or as agreed between the Parties or as asked by the Hirer..

1.2 A Zero Work engagement is defined as a discrete period of casual employment that starts and finishes within a short period.

1.3. The Term Worker or employee may be used in this Agreement interchangeably.

 

2.  TYPE OF EMPLOYMENT

  1.1 The Company agrees to appoint the Worker as subject to the terms and conditions set forth in this Employee Agreement on Zero Work Hour basis.

1.2 The Company has identified a need for additional support and we therefore fully intend to offer you working hours from time to time and at our discretion, on the basis set out in this contract. The nature of the agreement  must be in compliance with the terms and conditions

 

3. POSITION AND DUTIES

 3.3.1 The Company agrees to engage you as a [type of work] for [name of your business]. 

 3.3.2 The Company shall offer you work from time to time in accordance with the preferences you have indicated and mutually agreed between us. The precise description and nature of your work may be varied with each assignment and you may be required to carry out other duties as necessary to meet business needs. 

3.3.3 The Company will inform the Worker of the requirements before the start of each Work in your Work Offer Email. Before offering you the roles and responsibilities the Company will require certain documents from the Worker in order to satisfy itself that you are legally entitled to work in the company and to receive your respective acceptance. 

3.3.4. The worker must ensure to complete the work assignment on time as prescribed by the employer.The Worker agrees to abide by the code of conduct and ethical conduct.

4- LOCATION

4.4.1 The place of employment shall be ___________. However, depending on the time constraint and work-related commitments within which the Company may have to provide services to its clients, the Employee undertakes to make himself available in respect of the business of the Company during such times.

4.4.2 The Company may offer the employee the work living at various locations and confirm to the employee relevant place of work for each assignment, on the understanding that the location shall not affect the required working activity.

5- Term

This Agreement shall be effective on the date ____________hereof (“Effective Date”) on a daily/per day basis shall continue for ________from the Effective Date, unless terminated sooner in accordance with this Agreement. 

6- Termination 

6.6.1 Worker employment hereunder shall automatically terminate upon the following  causes:

6.6.2 The Employer may terminate this Agreement at any time, with or

without prior notice, for any reason.

 6.6.3 The Worker may terminate this Agreement at any time, by giving the employer not less than ______________ days or weeks prior notice as per in pursuant to this Agreement. 

6.6.4.Termination can attract and come in effect,  if any damages occur to the employer, making him/her liable to pay for such damages.

7- Conduct and Discipline

Employee shall perform such duties as may from time to time as assigned  and  will be 

subject to all such applicable rules and regulations in accordance with the Company policy as

maybe in force from time to time.

 

8- Hourly Rates of Pay and Entitlements

 8.8.1 The Employee will receive an hourly rate for all hours worked (Hourly Rate).

8.8.2 The standard Hourly Rate will be ____________ per hour.

 8.8.3 The Employer shall pay the Employee on ____________(/per day/weekly/monthly)as agreed between the parties.

 8.8.4 The payment shall be paid by ___________into the Employee, nominated bank account as per the details provided by you.

 8.8.5 Employee shall not be entitled to receive  entitlements which the regular employee shall be entitled to.

 

9-  Obligation during Employment

Employee acknowledges that it is not an employment contract and thus this relation shall not confer any employment rights on you . The Company shall not be under any obligation to provide work on the regular basis or otherwise.                  

10-  Discretion

 It is entirely at the Company's discretion and further  reserves the right whether to offer you work in compliance with clause 9 of this agreement. 

 

11- Payment

As agreed between us,  you will be paid an hourly rate for all hours worked (Hourly Rate) or per day basis as mutually agreed between us.The standard Hourly Rate will be ____________ per hour /per day (gross) as per your case. The payment will be paid ____________________________ [weekly/monthly/other] in compliance with the Clause 8 of this Agreement.

 

12-Return of Employer Property

Upon the expiry or termination of this Agreement, the Employee will return to the Employer any property, documentation, records, or Confidential Information which is the property of the Employer and he or she has come in receipt of because of this Agreement hereto.

 

13- Deductions

The Company has the right to deduct from your pay any sums which you may owe the Company including any overpayments or loans made to you by the Company or incases where the work assigned to you is not to upto satisfaction levels or where it becomes applicable.

 

14- Confidentiality

14.1.1- The Employee may not disclose any trade secrets or other information of a confidential nature relating to the Company or any of its associated companies or their business or in respect of which the Company owes an obligation of confidence to any third party during or after working for the business except in the proper course of your work or as required by law. 

14.1.2-The Employee must not remove any documents, or tangible items which belong to the Company or which contain any confidential information from the Company's premises at any time without proper advanced authorisation.

14.1.3- The Employee must return to the Company upon request and, in any event, upon the termination these terms, all documents and tangible items which belong to the Company or which contain or refer to any confidential information which are in your possession or under your control. 

14.1.4- The Employee must, if requested by the Company, delete all confidential information from any reusable material and destroy all other documents and tangible items which contain or refer to any confidential information and which are in your possession or under your control.

15 HEADINGS

Headings are inserted for the convenience of the Parties only and are not to be considered

when interpreting this Agreement.

16- GOVERNING  AND  ARBITRATION CLAUSE

This Agreement and any disputes arising hereunder shall be governed in accordance with   the laws of India. All disputes, differences and/or claims arising out of, or relating to, or in connection with this Agreement or the breach, termination or validity hereof shall be referred to the exclusive jurisdiction of the courts of New Delhi, India for resolution of such disputes.The final judgment shall be final and binding on the parties..

17. SEVERABILITY

This Agreement shall remain in effect and legally binding in the event any  clause or section

or provision is declared unenforceable or invalid by the court of jurisdiction.

18- Notices

All notices, request, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Worker and Employer at the following addresses:

a. _______________________________

b. ________________________________

19- EXCLUSIVITY 

Employee agrees that his/her  employment hereunder is on an exclusively temporary  basis and as per the nature of this Agreement and employee shall not hold or claim any permanent or regular employment rights in the Company.

20. ASSIGNMENT

Neither this Agreement nor any of the rights, interests or obligations hereunder shall be

Subject to any further assignment by the worker herein question (whether by operation of law or otherwise) .

IN WITNESS OF THIS AGREEMENT the parties have executed this Agreement in

duplicate on the date set out at the head of the Agreement.

______ ________

Name of Employee Name of Employer

 

Signature of Employee Signature of Employer

 

Date __ Date



What is the status of workers engaged in casual or zero hours ...





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