Hungarianaupairagency.com
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General Information about Carers
The Hungarian Agency introduces applicants mainly from Hungary. Many of the applicants are qualified nurses in their home country, but as their English ability is not good enough for them to qualify for nursing positions in the UK, these applicants are happy to accept positions as carers. UK employers are happy also to accept these applicants, as they do have formal training and will better be able to cope in certain situations then perhaps an ordinary layman. Carers can be male or female and are looking for semi-permanent positions in the UK. The Agency recommends that the employer clearly understand the following recommendations before entering into a contract with a live-in carer.
IF YOU WOULD LIKE TO APPLY TO BE A CARER, PLEASE CONTACT THE AGENCY
Duties
Live-in carers are not employed as domestics but to assist the patient and may do any work that is related to the care of the patient:
These may include;
· assisting with aspects of personal care
· assisting with mobility needs and encouraging independence
· shopping, cooking, washing, ironing and other household duties related to the patient
· providing companionship
· allowing a relative or friend to take time off
· escorting or driving clients to leisure pursuits, work or appointments.
It is recommended that the employer write a detailed list of duties they require the carer to do so there is no misunderstanding about what is expected and the hours required. Information should also include important telephone numbers, description of activities the patient will be doing, and some information about the local area, shops, centers, etc.
Hours and Pay
UK law applies to all EU British and EU nationals and allows a carer to work for a maximum of 48 hours per week. Should the hours be exceeded, then overtime should be paid. As the carer is resident, once their work is finished, they will often be on the premises and should an emergency arise, they are usually available to assist. Once their work is finished their free time is their own and they are not on duty.
The minimum wage is £5.52 per hour. Employers may pay more than the above amount. The employer will need to keep records, which prove that they are paying the National Minimum Wage. It is up to the employer what form these records take. If there is a disagreement about whether the employer has paid a worker the National Minimum Wage, it is the employer's responsibility to prove that they have. If the carers' earnings are clearly above the minimum wage, or if detailed records are already kept about pay and hours, the employer will probably not have to keep special records for the National Minimum Wage. The employee should be paid weekly preferably by direct debit or cheque.
The employer is responsible for all accounting to the Inland Revenue for Income Tax and Employee's National Insurance contributions.
Workers Registration Scheme
A carer who is from a new EU accession country (from 1st May 2004) will need to register with the Home Office under the Workers Registration Scheme.
The carer will need to complete a registration form and send it to the Immigration and Nationality Directorate at the British Home Office. They will then be provided with a Worker's Registration Certificate that allows them to work and live in the UK while employed by you (the employer). Employers will also have to check that their carer has registered. It will be unlawful for employers to employ carers if they have not registered for the job (unless they have already worked in the UK legally for 12 months uninterrupted.) Once the employer has employed a carer, the employer will have a 30-day grace period in which to ensure that the carer has registered. The Workers Registration Scheme will take effect from 1 May 2004.
Registration is straightforward. The registration form can be sent to the Immigration and Nationality Department by post or taken in person.
What will a carer have to show in order to register as a worker?
· Evidence of the job (i.e. letter from employer/contract of employment), including details of the type of work
· Evidence being paid minimum wage or more
· Photograph
· Passport/ ID card
How long will the registration certificate be valid for?
· The registration certificate will be for 12 months.
· If your carer stays in your employ continuously for 12 months they will then be eligible for an EEA residence permit.
· Registration will lapse if the employment ceases within the first 12 months, for whatever reason. The carer will need to re-apply for worker registration each time they get a new job.
Contracts
The completed application form will constitute a contract, but it is strongly recommended that both the employer and the employee draw up and sign a formal Contract of Employment. (Specimen upon request).
Accommodation
Full board and accommodation must be provided for the carer. The carer should have their own bedroom, which is regarded as private, with a bed, wardrobe, etc. and possibly a television. If there are young children in the household, they must be instructed not to intrude.
Driving
If the family require the carer to drive, then they must take the time to "train" them to drive in England before allowing them alone in the vehicle. A few lessons from a qualified instructor would be helpful, as foreign carers need to adjust to driving on the right. All vehicle running costs e.g. petrol, insurance etc. must be paid for by the employer and they cannot expect a carer to pay for any damage caused to vehicles. Please ensure that your insurance covers this possibility. Employers may consider allowing the carer to use the vehicle for their own private and personal use.
EU Nationals who hold a valid Community licence and are visiting Great Britain can drive any vehicle for as long as their licence remains valid. EU Nationals resident in Great Britain who hold a valid Community licence can drive in Great Britain on their community licence (subject to certain conditions). They can also apply to exchange their licence for a British one at any time though DVLC.
Travel
The carer is responsible for their fares to and from their home country and are responsible for arranging and paying for their own travel as far as Central London or any port or airport nearer to the employer. From that point on, the cost of travel is the responsibility of the employer. If the employer is unable to personally meet them or have them met in London or other point of arrival, they must arrange transportation and pay for it themselves. The Agency is happy to assist with organising these arrangements.
Holidays
The carer will be entitled to one day's paid holiday for each completed month of service. (I.E. 12 working days per year in total.) All dates must be discussed with the employer in advance.
A few points to note
Most foreign carers who come to the UK are away from home for the first time and have to adjust to a new language, a new environment and customs that may be different to that which they are used to. They may take a little time to adjust! Employers should be understanding during this period and should try to help the carer to acclimatise to their new surroundings. If problems persist, please contact the Agency for further assistance.
HOW TO PROCEED
If you would like to proceed with arrangements to employ a carer, please complete the Carer Application Form and return either by post, fax or email. Once these have been received, the Agency will provide information about carers, including CVs, references, photos, etc. of suitable candidates for the position.
Once a suitable candidate has been selected, the Agency will organise a telephone call from the employer to the applicant, as an initial introduction, to casually test the carer's English ability and for the employer to ask any questions they may have. Thereafter, if both the employer and the carer are happy to proceed with the placement, the employer will need to send a formal signed letter setting out the work conditions, hours and pay, but preferably a formal contract of employment in duplicate. This should be sent to the Agency. This shall then be forwarded to the carer for them to agree and sign the letter/contract. Once signed, the employer and employee will both have a copy. This document will also qualify to the Home Office for the Workers' Registration Scheme.
The carer will then make arrangements to travel to the UK. Employers must meet the carer upon arrival. If this is not possible, a taxi or alternative arrangement must be made, the employer being responsible for the costs.
After arrival
The Hungarian Au Pair Agency allows a 14-day probationary period beginning the day their carer arrives. The Agency will send an invoice prior to the carer purchasing their ticket to the UK. The employer must return a post-dated cheque dated for 14 days after arrival of the carer. Should the employer decide within the 14 days that they do not wish the carer to stay, the cheque will not be cashed and the carer will leave the employer's home within 48 - 72 hours after dismissal. The carer will not work for the employer once they have asked to leave but should be allowed sufficient time to make alternative arrangements. The carer must be paid the full daily rate for work already undertaken. Once the 14-day probationary period is exceeded, it is assumed that the carer is satisfactory and the cheque will then be cashed. (Please see Terms and Conditions for further information).
If either party wishes to terminate the contract during the first eight weeks, one weeks' notice must be given. Thereafter, one months' written notice.
During this time the Carer should be allowed to continue living with the Employer and should carry on their normal duties and receive their wages, as usual.
Should you have any queries not covered in the above fact sheet, please do not hesitate to contact me by email at agnes@hungarianaupairagency.com or by telephone on 020 8399 8663.
FEES
£650.00
Cheques payable to: The Hungarian Au Pair Agency
REFUNDS
Week 3-4 of placement - 50% refund.
Week 4-8 of placement - 25% Refund
Thereafter - No Refund
Hours of business are:
9.00am to 6.00pm Monday to Friday
10am - 4pm Saturday and Sunday (for Emergencies).
If you experience any problems after your carer has arrived or require any advice or assistance, please do not hesitate to telephone the Agency at any time.
The Hungarian Au Pair Agency would like to wish you and your carer a happy and successful placement!
TERMS AND CONDITIONS
1. These Terms & Conditions of Business are between The Hungarian Au Pair Agency (The "Agency") and Employer (the "Client") and are deemed to be accepted by the client by virtue of their employing a candidate introduced to them by The Agency.
2. The Agency will introduce details of suitable applicants to the Client after receipt of a completed Application Form
3. The Client shall pay The Agency a fee of £600 upon the engagement of an applicant. The Agency reserves the right to increase their fees.
4. 100% of the fee is payable to The Agency by the Client for the placement of the applicant upon completion of a 14 day probationary period by the candidate. Employment commences the next day after arrival of the candidate.
5. Fees must be paid by post-dated cheque prior to arrival of the carer.
6. The cheque will be cashed on the next day after the 14-day probationary period has expired.
7. All outstanding invoices will be charged at a rate of 15% per month.
8. Should a candidate leave the employment of the Client after the 14-day probationary period or the employer dismisses the employee after payment has been received, a refund will be made as per the schedule below.
Week 3-4, 50%
Week 4-8, 25%
Thereafter, No Credit
Alternatively, a credit in the amount stated above will be applied towards a replacement. Should the employer accept a replacement candidate at a higher or lower wage, the difference will be calculated and charged accordingly.
9. The Client agrees:
To keep all details of introductions made by The Agency strictly confidential.
To notify The Agency immediately of any change in circumstances that may result in a reduction or an increased fee as per paragraphs 2 and 3 above.
To pay all fees to The Agency immediately they become due for payment,
To pay the employee the agreed wage and make all necessary deductions and to account for Income Tax and Insurance contributions as required by local law should they be required to do so.
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 The Agency.
10. The Agency will make its best endeavors 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. Whilst the Agency does verify references, it is strongly recommended that the Client takes up any references (including confirmation of any professional qualifications) provided by the candidate via the Agency, prior to offering the candidate a position.
11. The Agency 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 an introduced candidate.
12. These Terms and Conditions may not be varied without the written consent of the Proprietor of The Agency.
Business Terms and Conditions
· The Agency provides an introduction between the Employer and the Carer. Whilst the Agency will make every reasonable effort to verify the integrity and suitability of an Carer, the Agency cannot be held responsible for any dishonest or malicious act by the Carer nor held responsible for the accuracy of the information provided by the Carer.
· The Carer is not employed by the Agency, but by the Employer. The Agency shall not be liable under any circumstances for any loss, damage or expense incurred by the Employer or Carer prior to, during or subsequent to the engagement of an applicant.
· The Employer shall pay the full placement fee before the commencement of employment of a Carer. No travel arrangements can be made until the full fee is received by the Agency.
· The Agency offers a 14-day probationary period beginning the day the Carer commences work with the Employer. If the Employer employs a Carer who is already in the UK and the placement fee is not received, the Agency will remove the Carer from the Employer.
· The probationary period is only valid if the full placement fee has been received by the Agency.
· If the Carer leaves the Employer after the 14-day probationary period has elapsed, the Agency will find a replacement or issue a refund. Neither party can hold the Agency responsible for early termination.
· If either party wishes to terminate the contract, one weeks' notice must be given. During this time the Carer should be allowed to continue living with the Employer and should carry on their normal duties and receive their wages, as usual. The Carer must not be made to leave the Employers home immediately. If criminal activity has taken place, the Agency must be informed immediately.
· The Agency cannot be held responsible for the accuracy of information provided by the Carer. All information provided by the Employer and Carer are strictly confidential.
· The terms stated on the Application Form will constitute a formal contract between the Employer and the Carer. Both parties shall have signed copies of which the Carer will have a copy. The Terms and Conditions of the Hungarian Agency are deemed to be accepted by the Employer, by completing and returning the Application Form.
· The Employer should regularly communicate with the Carer to make sure there are no problems. The Agency is happy to assist at any time with such communications.
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Mod. 28/12/04