UPDATED 01 MAY 2020
Talk Recruitment Limited (“Talk Recruitment”, ‘we”, “our”, “us”, “Company”) provides recruitment matching services (“Services”) between relief teacher (“Candidates”) and ECE centres, schools and other educational organisations (“Clients") via our website (www.Talk Recruitment.co.nz) and Deputy.com web and mobile applications (each a “Site”). All use of the Services and a Site is subject to these Terms & Conditions. References in these Terms & Conditions to “you” shall be deemed to mean Client unless the context otherwise requires. We may from time to time amend these Terms & Conditions.
The introduction of a Candidate constitutes acceptance of the Terms & Conditions by the Client.
For purposes of clarification the following definitions apply :
“Candidate” – any persons introduced to the Client by Talk Recruitment, for the purposes of temporary or permanent position/fixed term (Part-Time or Full-Time). The candidate is also used interchangeably with the word Temporary.
“Temporary” – means any person supplied by Talk Recruitment for the purposes of hire labour services. All Talk Recruitment Temporary workers are independent contractors.
“Client” – any person or organisation who has engaged the services of Talk Recruitment
“Placement Fee” – means the fee payable by the Client to Talk Recruitment for any Permanent or Fixed Term Placements. All Placement Fees are calculated based on a Full-Time position equivalent.
“Part-Time” – means that a Candidate has worked less than 1.0 FTTE
“Full-Time” – means that a Candidate works 1.0 FTTE. For the purposes of this Talk Recruitment Terms & Conditions, Full-Time is 40 hours per week.
“FTTE (Full-Time Teacher Equivalent)” – It is a way to describe how many teaching hours a Part-Time position will involve. For example, 0.8 FTTE means the role involves four full working days of teaching per week. Another example, 0.8 FTTE could also mean working 32 hours per week, considering the standard Full-Time hours per week is 40 hours.
“FTASE (Full-Time Annual Salary Equivalent)” – used for the purposes of calculating Placement Fees for Candidates in a Part-Time position. FTASE calculates the Full-Time annual salary equivalent for a Candidate in a Part-Time position.
“Salary Package” – means the annual gross remuneration payable to the Candidate in their first year of employment. This also includes any applicable benefits such as Kiwisaver, commissions and bonuses, allowances, motor vehicle provision, joining inducements and any associated costs of moving.
“Guarantee Period” – means the period specified in the Permanent and Fixed Term Placement
“Services” – means any recruitment matching work (relief work, permanent placement or fixed-term placement)
“Third Party” – means a person or organisation besides the two primarily involved
“Introduction” – means the act of introducing, either verbally or in writing any information pertaining to the Candidate
Talk Recruitment gives no guarantee of the continued availability of any Candidate and will not be liable to you should a confirmed Candidate become unavailable for a confirmed job. Candidates are VCA compliant and/or Teacher Registered and ready for work with a client.
Any cancellations of a confirmed job booking must be made with no less than eight hours notice from the start of the confirmed job booking.
If Clients wish to offer any Candidates an employment/position (Full-Time or Part-Time) in their or other centre or school directly, the Client shall agree to pay the Company a Placement Fee. This also applies to Candidates who were previously employed by the Client. Failure to inform Talk Recruitment of any such employment will result in a Placement Fee and Overdue Payment Charge.
Talk Recruitment issues a fortnightly invoice (every second Monday) to the Client based on the Candidate’s timesheet. Invoices are to be paid within 7 working days. The hourly charge out rate for Temporarys are listed in the Talk Recruitment client pay rates sheet and are subject to change at any time with notice.
All timesheets will need to be approved every Monday before 1 pm using the Talk App or website. Unless the Client brings to our attention any disapproval/discrepancies with the Candidate’s hours, all remaining unapproved timesheets will automatically be approved on Monday at 1 pm. This is done to ensure that our Candidates are paid in a timely manner.
Talk Recruitment may vary the pay and charge rates at any time with notice.
All payments must be made in cleared funds to our bank account as notified to you by invoice and paid within 7 days. Talk Recruitment reserves the right to engage any debt collection agency to retrieve any monies owed. Any additional costs incurred as a result will be borne by the Client.
For clarification purposes, all Talk Candidates are independent contractors.
The role of a Talk Recruitment Temporary is to support the staff and team members at a Centre or School.
Different Centres and Schools will have different needs/requirements from a Talk Recruitment Temporary. Likewise, a Talk Recruitment Temporary may also have different expectations when relieving at a Centre or School.
Talk Recruitment Temporarys are told to be respectful and attentive to the needs of the Client. We appreciate the same courtesy to be shown to our Temporary.
If you are unhappy with the calibre or performance of any Temporary, please notify us as soon as possible. Talk Recruitment will have the Temporary removed and endeavour to find a replacement.
Failure to report any dissatisfaction will mean that you agree to continue engaging with the Services of the Candidate and be charged for Services rendered.
Only lunch breaks are considered unpaid breaks.
If a Temporary is on an 8hour/day work shift or longer, they are entitled to a 10-15min morning tea and evening tea break each. These are paid breaks.
If a Temporary is on a 6hour/day work shift, they are entitled to one 10-15min break, either morning tea or evening tea (depending on the shift). This is a paid break.
If a Temporary is on a 4hour/day work shift or less, they are not entitled to 10-15min break.
The Client acknowledges and agrees that information published by Talk Recruitment is intended to provide general information in summary form. In providing the Services, Talk Recruitment relies on the accuracy and completeness of the information provided by the Candidates including, without limitation, the identity, qualifications, employment history and their references.
It is solely the Client’s responsibility to evaluate and verify the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through a Site or on the Internet generally, including in relation to any Candidate or Client.
In no event will we be liable to the Client or anyone else for any decision or action taken by you or anyone else in reliance upon any information contained on or omitted from a Site.
The Client agrees that by Talk Recruitment introducing the candidate for an interview that the client regardless of ever having met the candidate in any other capacity accepts the full placement fee is due and payable to Talk Recruitment.
The Client will notify Talk Recruitment in writing if they have employed a Candidate within 48 hours after the event occurrence.
The Placement Fee is calculated as a percentage of the Candidates’ Salary Package.
As the recruitment services provided by Talk Recruitment is identical regardless of the role, Talk Recruitment charges the Full-Time equivalent for a Part-Time position. For example, if Talk Recruitment recruits for a 0.5 FTTE position and the salary is NZD 30,000 pa, then the Placement Fee will be Talk Recruitment’s margin % x NZD 60,000 (Full-Time annual salary equivalent).
The invoice will be raised on the Candidate’s start date.
The Company fee is calculated as a 12%-15% of the teachers starting salary. Please see the current permanent fixed rates card for fees in your location.
A 10% discount on the permanent placement fee applies to a temporary to permanent placement.
The Client agrees that it will perform their own due diligence to meet their own guidelines/requirements, including where such work has been performed by Talk Recruitment on behalf of the Client.
Condition for Guarantee Period for Permanent Placements. Three month Guarantee Period starting from the Candidates commencement date with the Client, with the conditions as below;
No Guarantee Period is given by the Company with respect to Candidates initially placed by the Company on a relief teaching or fixed-term position who then go on to accept a permanent position with the Client or an associated party of the Client.
For fixed-term placements that are longer than 6 months, a permanent placement fee will be charged on a pro-rata basis . If the Candidate is subsequently offered and accepts a permanent position, the Client will be charged the remaining balance of the full Placement Fee.
Clients are responsible for familiarizing themselves with and complying with, their obligations under all health and safety statutory requirements (including the Health and Safety at Work Act 2015 and applicable regulations).
The Client’s obligations under the Health and Safety at Work Act 2015 includes being responsible for ensuring the wellbeing of Candidates that are working for them. From the time the Candidate shows up for duty, they are deemed to be under the supervision and direction of the Client for the duration of the assignment and agrees to be responsible for all their acts and/or errors. That will include ensuring the Candidates are familiar with, understand, and comply with any health and safety policies, procedures, training and inductions that apply at the Client’s workplace. Failure to provide these instructions to the Candidate is the Client’s risk to undertake. The Client is responsible for the Candidates Health and Safety.
If an accident, incident or other event occurs at the Client involving a Candidate that is required by law to be notified to WorkSafe, then the Client will immediately notify both WorkSafe and the Company of that event. The Client agrees to indemnify the Company against any loss, damages or expenses that may occur as a direct/indirect result of the Candidate.
We provide no warranty to the Client that the Services generally available through Talk Recruitment will be error/fault-free.
The Client will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including any legal fees and costs).
We shall not be liable to you by reason of any implied warranty, condition or other terms, or any duty at common law, or under the terms of this contract, for indirect or consequential loss or damage, or any loss of profit, loss of revenue, loss of business or future business or loss of information or data (in each case whether direct or indirect).
The Client will pay all charges and fees plus GST (if any) which have been invoiced to them by the Company. Temporary placements within 7 days from the Client being invoiced by Talk Recruitment. Permanent placements 50% upon the signing of the Permanent Engagement Form, the remaining to be paid in 7 working days regardless of the Candidates start date.
If a Client does not make payment for a permanent placement 7 working days after the Candidate has started their employment with the Client, then the Client will have null and voided the Guarantee Period (Permanent Placement or Fixed Term Placement)
If a debt collection agency is engaged for the collection of any outstanding fees, all associated fees will be borne by the Client.
All charges and fees shown under this agreement are exclusive of GST. GST shall be calculated and shown in the Company’s invoice and must be paid by the Client receiving the benefit of the Company’s Services.
Any dispute or set-off claim raised by a Client does not entitle the Client to withhold payment of any money owed to the company.
The Client acknowledges and agrees that any permanent Candidate provided to them by the Company becomes an employee of the Client.
The Client shall be responsible for complying with all employment-related legislation including the provisions of the Employment Relations Act and the Health and Safety in Employment Act (including any amendments to those enactments).
Any Candidate that the Company puts forward to the Client shall be deemed to be found by the Company first. If the Client has past/current communications with any Candidates that the Company has put forward, the Client agrees to notify and inform the Company before engaging the Services of the Company.
The Client is liable to pay Talk Recruitment a Placement Fee in accordance with these Terms & Conditions :
If the Client and Company agree to look for Candidates simultaneously, it is the responsibility of the Client to notify the Company of any Candidates they have shortlisted. In the event both the Client and Company have shortlisted the same Candidate, the Candidate is deemed to have been found by the Company first unless the Client has notified and informed the Company beforehand.
Any information supplied to the Client by the Company regarding a Candidate is done strictly on a confidential basis to enable the Client to assess a Candidate’s suitability for the position. Except where authorised or required by law, disclosure of any information to any Third Party by the Client will require express written consent from the Company.
All information disclosed by a Client to the Company will be held confidential by the Company and will not be disclosed to any Third Party without the consent of the Client.
Any confidential information provided by a Client to the Company may be accessed by any agent, employee or affiliate of the Company in order to complete a successful Candidate placement for the Client.
It is agreed between the Client and the Company that all Candidates on assignment are employees of the Company and not the Client.
If the Client breaches these Terms & Conditions, then we may at our discretion immediately suspend or terminate the use of our Services on notice to you. We will notify you by email or at the next time, you attempt to access your account.
Any termination shall not affect those provisions intended to or capable of surviving termination and shall be without prejudice to our rights and remedies accruing prior to termination.
No waiver by us of any breach or failure to enforce any provision of these Terms & Conditions shall in any way affect, limit or waive our right to subsequently enforce and compel strict compliance with these Terms & Conditions.
If any provision of the Terms & Conditions is or becomes invalid or unenforceable, that provision shall be deemed deleted and such invalidity or unenforceability shall not affect the other provisions of, all of which shall remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provisions.
These Terms & Conditions will be governed by New Zealand law and subject to the jurisdiction of the New Zealand courts.
Workforce safety checks involve gathering a range of key information about a person and evaluating this information to determine whether they pose any risk in being employed working with children.
We provide Children's Worker Safety Checks that meet all Vulnerable Children Act (VCA) requirements for ECE placements.
Types of Children's Worker Safety Checks:
New employee check:
The regulations require that the worker safety checks include:
Existing employee check:
For all children’s workers the safety check needs to be updated every three years and the following steps need to be followed when a worker is being re-checked:
Police Checks / Vetting:
Police Vetting will be completed by the New Zealand Police Click Here
Use of an Identity Referee to verify an applicant’s identity Evidence of Identity checks may be completed by an Identity Referee, outside of your organisation, where it cannot be carried out by you in person e.g. when completed consent forms are received via email, not in person. An Identity Referee must:
To verify an applicant’s identity, the Identity Referee must: