372 Results
Superannuation Contributions Calculator
Superannuation Contributions Calculator Free, accurate, and user-friendly calculator that shows super contributions for multiple employees at once. Start calculating Enter your staff’s details Click “Add staff” to add them to the list below. Click “Calculate” button to view result. Upgrade to Tanda’s full range of services! Accurate Super Declarations With Tanda Whether you have full-time, […]
Team Tanda
29 August 2018 |
Superannuation Contributions Calculator Free, accurate, and user-friendly calculator that shows super contributions for multiple employees at once. Start calculating Enter your staff\'s details Click “Add staff” to add them to the list below. Click \"Calculate\" button to view result. Upgrade to Tanda\'s full range of services! .super-close button:hover { background: none!important; border: 0!important; } Accurate Super Declarations With Tanda Whether you have full-time, part-time or casual employees, our managed templates and syncing with your payroll system makes it easy to compute super and distinguish ordinary time earnings (OTE) with Tanda. Book a demo Start free trial Tanda’s new Employee Time Clock is here Download the free Time Clock app to automatically create your timesheets. Get the new app <span data-metadata="\"><span data-buffer="\">Try another one of our tools Free resources, client stories, partner updates, and Tanda’s product release notes all in one place. Tanda’s comprehensive legal guide to performance management Read Tanda’s guide to the law around performance management in Australia. How to Streamline Your Hiring Process Find out how to hire staff faster with Tanda. Performance Management in Small and Medium Businesses Learn some practical tips about how to manage your employees from Tanda’s Nick Braban. Back to resource hub Ready to elevate staff engagement? Over 10,000 customers are achieving Workforce Success with Tanda today.Try a 14-day FREE trial. No credit card required. Get started
Assistant Restaurant Manager Job Description
Hiring an Assistant Restaurant Manager? Download and customize Tanda's free job description template to screen applicants and know what to expect out of your candidates.
Harry Spicer
21 August 2018 |
The Template SUMMARY We are seeking an outgoing food-lover with a passion for people to join our team as an [Assistant Restaurant Manager]. As [Assistant Restaurant Manager] you will be responsible for assisting the Manager in selecting, training and managing the staff in a way that will create exceptional dining experience for all customers, as well as a happy working environment for all staff members. We strive to create a special experience for every customer who comes through our doors, and we are seeking someone with a customer obsessed mindset. Your performance will be measured by average table service time, revenue, cost of goods sold, customer happiness, employee turnover, and profitability. YOU RESPONSIBILITIES WILL INCLUDE: – Assisting the Restaurant Manager in selecting, training, and managing staff; – Assisting in decision making regarding all matters of customer excellence; – Developing our team to craft the best possible dining experience for all customers; – Creating a culture of upselling to customers; – Doing everything in your power to make sure customers leave full and satisfied; and – Applying the principles of workforce success to keep our team motivated. TO BE SUCCESSFUL IN THIS ROLE YOU SHOULD HAVE: – A love of food, dining, and people; – Relevant hospitality experience, preferably as an Assistant Manager or another supportive role; – Experience interviewing, hiring, and managing staff to ensure success; – Engaging communication skills that focus on customers and staff; – Excellent problem solving skills; and – Proficiency with retail management systems, including Point of Sale, and Workforce Management. This role will truly be fulfilling for anyone who wants to pursue a career in the hospitality industry. Exciting opportunities await the successful applicant! Copy (function($){ $(function() { $(\'.resource-template-copy\').on(\'click\', function(e) { e.preventDefault(); var content = $(\'.resource-template__content\').html(); var $temp = $(\'\' + content.replace(/(]+)>)/ig,\"\") + \'\'); $temp.insertAfter( $(this) ); $temp.focus(); $temp.select(); document.execCommand(\"copy\"); $temp.remove(); $(\'Copied!\').insertAfter( $(this) ); setTimeout(function(){ $(\".popover\").fadeOut(\'fast\', function(){ $(this).remove(); }) }, 2000) }); }); })(jQuery); .resource-template { background: #FFFFFF; border: 1px solid #DEE5EE; box-sizing: border-box; padding: 0 32px 32px; box-shadow: 0px 4px 20px rgba(25, 63, 89, 0.15); border-radius: 16px; margin-bottom: 64px; } .resource-template .btn { border-radius: 8px; } textarea:focus { background: black; } .resource-template__content { white-space: pre-line; } .resource-template__content p:empty { display: none; } .resource-template__content br { display: none; } .resource-template__content p { margin: 0; } .resource-template__content em { font-style: normal; color: #3FAFD7;} .resource-template__copy { margin-top: 24px; position: relative; } .resource-template__copy .popover { position: absolute; top: 100%; left: 50%; transform: translateX(-50%); display: inline-block; padding: 4px 8px; background: #000; border-radius: 2px; color: #fff; font-size: 12px; } About this Template Hiring an Assistant Restaurant Manager? Download and customize Tanda’s free job description template to screen applicants and know what to expect out of your candidates.
Employee Duties and Performance Reviews
Include this template in your employee handbook to outline what you expect of employees, and explain how performance reviews will be carried out.
Harry Spicer
20 August 2018 |
The Template EMPLOYEE DUTIES Attached to the Offer of Employment is a job description outlining the responsibilities associated with the new employee’s position. This document will be used to evaluate performance, during both the probationary period, and afterwards. If the employee is unsure of its contents, his/her manager must be available to explain it. From time to time, it may be necessary to amend an employee’s job description. These amendments will be discussed with the employee in advance. However, the final decision on implementation will be made by management. PERFORMANCE REVIEW The performance review process is set out below and provides guidelines for managers on how to lead their teams and assess an employee’s performance. These performance management processes are in place to: – Ensure employees understand their job responsibilities and have specific goals to meet; – Provide employees with actionable and timely work feedback; and – Invest in development opportunities that help employees grow professionally. To receive a good performance evaluation, employees should: – Meet targets consistently; – Complete job duties as set out in their job descriptions; – Show a willingness to learn and improve; – Follow other company policies; – Have a good attitude; and – Be a team player. To maintain employment at [Company Name], employees should meet a minimum standard and show a willingness to improve where needed. [Company Name] conducts [quarterly/ bi-annual/ annual] performance reviews. During the review, the employee’s direct manager will complete their performance evaluation report and arrange a meeting with the employee. These discussions should: – Set clear objectives; – Recognize employees who are good at their jobs; – Talk about possible career moves and employee motivations; – Identify areas of improvement and discuss training and development options; and – Provide useful feedback. During performance review meetings, employees should feel free to discuss any concerns they might have, or additional improvement they feel are needed to perform as desired. Minutes of the meeting and key objectives will be provided to employees for their records. Copy (function($){ $(function() { $(\'.resource-template-copy\').on(\'click\', function(e) { e.preventDefault(); var content = $(\'.resource-template__content\').html(); var $temp = $(\'\' + content.replace(/(]+)>)/ig,\"\") + \'\'); $temp.insertAfter( $(this) ); $temp.focus(); $temp.select(); document.execCommand(\"copy\"); $temp.remove(); $(\'Copied!\').insertAfter( $(this) ); setTimeout(function(){ $(\".popover\").fadeOut(\'fast\', function(){ $(this).remove(); }) }, 2000) }); }); })(jQuery); .resource-template { background: #FFFFFF; border: 1px solid #DEE5EE; box-sizing: border-box; padding: 0 32px 32px; box-shadow: 0px 4px 20px rgba(25, 63, 89, 0.15); border-radius: 16px; margin-bottom: 64px; } .resource-template .btn { border-radius: 8px; } textarea:focus { background: black; } .resource-template__content { white-space: pre-line; } .resource-template__content p:empty { display: none; } .resource-template__content br { display: none; } .resource-template__content p { margin: 0; } .resource-template__content em { font-style: normal; color: #3FAFD7;} .resource-template__copy { margin-top: 24px; position: relative; } .resource-template__copy .popover { position: absolute; top: 100%; left: 50%; transform: translateX(-50%); display: inline-block; padding: 4px 8px; background: #000; border-radius: 2px; color: #fff; font-size: 12px; } About this Template Include this template in your employee handbook to outline what you expect of employees, and explain how performance reviews will be carried out.
Employee Dismissal and Resignation
Include this template in your employee handbook to explain a) dismissal for cause, b) dismissal without cause, and c) resignation to your new employees.
Harry Spicer
20 August 2018 |
The Template Employee departure could be the result of any of the following: – Dismissal for Cause – Dismissal without Cause – Resignation It is in the interest of both parties that the departure process is as clear as possible. To avoid misunderstandings and distrust between [Company Name] and the employee, [Company Name] will treat any dismissal with discretion, and will follow procedure as per [Labour] law. DISMISSAL FOR CAUSE Dismissal for cause refers to the immediate end of employment due to the employee’s misconduct. Any disciplinary action that results in dismissal is considered to be “for cause”. Other wrongful actions that result in immediate dismissal are also considered to be “for cause”. These include, but are not limited to: – Breaching the contract of employment – Engaging in discriminating behavior or harassment of co-workers – Deliberately neglecting job responsibilities – Continuously disregarding company policies and procedures A Letter of Dismissal for Cause must be submitted to the employee, and a copy of the signed letter must be filed in the employee’s file for the company’s records. DISMISSAL WITHOUT CAUSE Dismissal without cause refers to when [Company Name] determines that the services of an employee are no longer needed. This does not refer to an employee’s conduct. Reasons for dismissal without cause include, but are not limited to: – Retrenchment – Restructuring of a department – Redefining of a position When an employee must be dismissed without cause, [Company Name] is obligated by [Labour] law, to notify the employee [30] – days before the date of dismissal. If the employee has to stop working before the date of dismissal, [Company Name] [will/will not] provide compensation for the remaining time. A Letter of Dismissal without Cause must be submitted to the employee, and a copy of the signed letter must be included in the employee’s file for the company’s records. As per [labour] Law, [Company Name] may not wrongfully dismiss and employee. Wrongful dismissal may include, but is not limited to: – Unfair dismissal for cause – Dismissal with notice – Constructive dismissal (forcing an employee to resign) – Unfair retrenchment RESIGNATION If an employee intends to resign, they must submit a signed Letter of Resignation [30] days before the final day of employment. This will ensure [Company Name] has sufficient time to find and train the employees replacement, or make alternative arrangements for the distribution of the employee’s workload. A copy of the Letter of Resignation must be included in the employee’s file. Copy (function($){ $(function() { $(\'.resource-template-copy\').on(\'click\', function(e) { e.preventDefault(); var content = $(\'.resource-template__content\').html(); var $temp = $(\'\' + content.replace(/(]+)>)/ig,\"\") + \'\'); $temp.insertAfter( $(this) ); $temp.focus(); $temp.select(); document.execCommand(\"copy\"); $temp.remove(); $(\'Copied!\').insertAfter( $(this) ); setTimeout(function(){ $(\".popover\").fadeOut(\'fast\', function(){ $(this).remove(); }) }, 2000) }); }); })(jQuery); .resource-template { background: #FFFFFF; border: 1px solid #DEE5EE; box-sizing: border-box; padding: 0 32px 32px; box-shadow: 0px 4px 20px rgba(25, 63, 89, 0.15); border-radius: 16px; margin-bottom: 64px; } .resource-template .btn { border-radius: 8px; } textarea:focus { background: black; } .resource-template__content { white-space: pre-line; } .resource-template__content p:empty { display: none; } .resource-template__content br { display: none; } .resource-template__content p { margin: 0; } .resource-template__content em { font-style: normal; color: #3FAFD7;} .resource-template__copy { margin-top: 24px; position: relative; } .resource-template__copy .popover { position: absolute; top: 100%; left: 50%; transform: translateX(-50%); display: inline-block; padding: 4px 8px; background: #000; border-radius: 2px; color: #fff; font-size: 12px; } About this Template Include this template in your employee handbook to explain a) dismissal for cause, b) dismissal without cause, and c) resignation to your new employees.
Equal Opportunity Statement
Include this template in your employee handbook to explain your company's equal opportunity policies with regards to hiring, advancement, and benefits.
Harry Spicer
20 August 2018 |
The Template Being an equal opportunity employer means that [Company Name] provides the same benefits and opportunities for hiring and advancement to everyone without discriminating due to protected characteristics such as age, gender, sexual orientation, ethnicity, nationality, religion, disability, and medical history. [Company Name] is committed to making decisions using reasonable standards based on each candidate’s qualifications and business needs. This statement includes the commitment to maintaining an inclusive work environment that is free from harassment. Under this statement, no employee will face retaliation, such as harassment, intimidation, threats, or discrimination, in the event of their participation in any of the following activities: – Filing a complaint under this statement with the company, local equal employment opportunity agencies, or pursuing charges according to law; – Helping with an investigation or other activity related to the administration of any local equal employment opportunity agencies or any other law agency; – Opposing any act prohibited by this statement or local equal employment opportunity agencies or any other law agency; and – Exercising any other right protected by local equal employment opportunity or any other law agency. Employees should immediately bring any complaint or retaliation under this statement to the management of [Company Name]. Copy (function($){ $(function() { $(\'.resource-template-copy\').on(\'click\', function(e) { e.preventDefault(); var content = $(\'.resource-template__content\').html(); var $temp = $(\'\' + content.replace(/(]+)>)/ig,\"\") + \'\'); $temp.insertAfter( $(this) ); $temp.focus(); $temp.select(); document.execCommand(\"copy\"); $temp.remove(); $(\'Copied!\').insertAfter( $(this) ); setTimeout(function(){ $(\".popover\").fadeOut(\'fast\', function(){ $(this).remove(); }) }, 2000) }); }); })(jQuery); .resource-template { background: #FFFFFF; border: 1px solid #DEE5EE; box-sizing: border-box; padding: 0 32px 32px; box-shadow: 0px 4px 20px rgba(25, 63, 89, 0.15); border-radius: 16px; margin-bottom: 64px; } .resource-template .btn { border-radius: 8px; } textarea:focus { background: black; } .resource-template__content { white-space: pre-line; } .resource-template__content p:empty { display: none; } .resource-template__content br { display: none; } .resource-template__content p { margin: 0; } .resource-template__content em { font-style: normal; color: #3FAFD7;} .resource-template__copy { margin-top: 24px; position: relative; } .resource-template__copy .popover { position: absolute; top: 100%; left: 50%; transform: translateX(-50%); display: inline-block; padding: 4px 8px; background: #000; border-radius: 2px; color: #fff; font-size: 12px; } About this Template Include this template in your employee handbook to explain your company’s equal opportunity policies with regards to hiring, advancement, and benefits.
Working Hours and Leave Policy
Include this template in your employee handbook to explain your regular scheduled working hours hours, breaks, overtime pay, and leave policies.
Harry Spicer
20 August 2018 |
The Template (Please confirm that this policy complies with your National Labour Law) REGULAR SCHEDULED WORKING HOURS – An employee’s work week is Monday to Friday, 08:30 to 17:00 – Full time employees must work at least (40) hours per work week – Part time or hourly employees must ensure that their timesheets and tasks are accurately captured OVERTIME Overtime is any hours worked by employees outside of the normal (40) hours. You may be required to work reasonable overtime. Overtime must be agreed to, and approved by, the employee’s direct manager, with the following qualifications: – Saturdays are part of the normal work week, and overtime will not be applicable; – Sundays are not part of the normal work week, and overtime will be paid at one and a half times the normal rate; – When employees claim overtime, they must ensure their timesheets and tasks are accurately captured; and – Employees may request ‘time off’ instead of monetary compensation for time worked. This must be approved by the employee’s – direct manager. BREAKS – Any unpaid breaks must be noted; and – Employees are allowed 1 paid hour for lunch. This hour may be split as follows: 30 minute meal time, two (2) 15 minute tea breaks. ANNUAL LEAVE Employees are entitled to [15] days of paid time off per year. Annual leave days must be approved by the employee’s direct manager before the commencement date. Employees do not need to submit a reason for annual leave. Annual leave [may/may not] be transferred to the next year, although it is encouraged that employees use their annual leave throughout the current year. PUBLIC HOLIDAYS [Country] has [10] public holidays for which employees will be paid. Employees are not required to work on these public holidays: – New Year’s Day – Christmas Day – Holiday 3 – Holiday 4 – Holiday 5 – Holiday 6 – Holiday 7 – Holiday 8 – Holiday 9 – Holiday 10 SICK LEAVE Employees are entitled to [10] days of sick leave per year. Sick days do not have to be approved by the employee’s direct manager before the commencement date, however, employees must supply a valid reason (e.g. doctor’s note). Sick leaves are non-transferable. COMPASSIONATE LEAVE Employees are entitled to [3] days of compassionate leave per year. Compassionate leave does not have to be approved by the employee’s direct manager before the commencement date. If an employee needs more time, they will be allowed to use their annual leave, or request unpaid leave. DISABILITY LEAVE Disabilities and circumstances all vary and each case will be assessed in it’s own right and the amount of leave will be determined. The amount of leave will to be related to the amount of time required for treatment, rehabilitation, or assessment. If more time is required, the employee may apply for a reassessment. Sick leave and annual leave do not apply to disability leave. MATERNITY & PATERNITY LEAVE Maternity/paternity leave is a paid leave an employee is entitled to because of the birth of an employee’s own child, or the placement of a child with the employee in case of adoption or foster care. Maternity/paternity leave is not deducted from the employee’s annual leave. The paid leave is compensated as follows: – Less than one full year of service – [40%] of salary – After one full year of service – [60%] of salary – After 5 full years of service – [100%] of salary – Maternity/paternity leave must be approved by the employee’s direct manager. UNPAID LEAVE If, for any reason not specified above, an employee needs time off from work, but has no annual leave or sick leave accumulated, that employee has the right to request unpaid leave. The employee’s direct manager will approve or decline the request, and calculate the unpaid based on the average number of working days per year. Copy (function($){ $(function() { $(\'.resource-template-copy\').on(\'click\', function(e) { e.preventDefault(); var content = $(\'.resource-template__content\').html(); var $temp = $(\'\' + content.replace(/(]+)>)/ig,\"\") + \'\'); $temp.insertAfter( $(this) ); $temp.focus(); $temp.select(); document.execCommand(\"copy\"); $temp.remove(); $(\'Copied!\').insertAfter( $(this) ); setTimeout(function(){ $(\".popover\").fadeOut(\'fast\', function(){ $(this).remove(); }) }, 2000) }); }); })(jQuery); .resource-template { background: #FFFFFF; border: 1px solid #DEE5EE; box-sizing: border-box; padding: 0 32px 32px; box-shadow: 0px 4px 20px rgba(25, 63, 89, 0.15); border-radius: 16px; margin-bottom: 64px; } .resource-template .btn { border-radius: 8px; } textarea:focus { background: black; } .resource-template__content { white-space: pre-line; } .resource-template__content p:empty { display: none; } .resource-template__content br { display: none; } .resource-template__content p { margin: 0; } .resource-template__content em { font-style: normal; color: #3FAFD7;} .resource-template__copy { margin-top: 24px; position: relative; } .resource-template__copy .popover { position: absolute; top: 100%; left: 50%; transform: translateX(-50%); display: inline-block; padding: 4px 8px; background: #000; border-radius: 2px; color: #fff; font-size: 12px; } About this Template Include this template in your employee handbook to explain your regular scheduled working hours hours, breaks, overtime pay, and leave policies.
Show Up for Success! A step-by-step guide to rewarding employee attendance
“I have always been a quarter of an hour before my time, and it has made a man of me.” – Lord Horatio Nelson (1758-1805) Improving employee attendance has always been a puzzle for Australian business owners and managers. In a 2017 CareerBuilder survey, 29% of respondents said they came in late at least once […]
Team Tanda
8 August 2018 |
“I have always been a quarter of an hour before my time, and it has made a man of me.” – Lord Horatio Nelson (1758-1805) Improving employee attendance has always been a puzzle for Australian business owners and managers. In a 2017 CareerBuilder survey, 29% of respondents said they came in late at least once a month. 49% blame the traffic for their tardiness, 32% blame it on oversleeping, while the rest blame bad weather, procrastination, and “too tired to get out of bed.” For many Australian businesses, but especially in shift work industries, tardiness can mean disruption and loss of profit. Deducting pay for tardiness is one solution, and is a common one. But employee incentives for punctuality serve to underscore the importance of time and attendance in a more positive way. If you’re looking into implementing an incentive program, below is a step-by-step guide to rewarding employee attendance. 1. Establish a baseline Using your time and attendance records, establish the baselines of employee attendance. Take note of how many are late, how many are absent, and how many leave work early, and on which days. Flag those with good performance and consistent violations. This will be useful later on in seeking a budget for the program, and evaluating how effective your strategies for rewarding employee attendance are. 2. Be transparent with your plans Don’t surprise your employees with new attendance policies. Remind them about your expectations on attendance and why you expect them to be followed. Quickly run through the protocols observed for unexpected tardiness and absences. Then, inform them about the attendance incentives you have planned out. This will ensure that they feel like they’re part of the team, and motivate them to participate. Lastly, remind them that the rewards don’t mean that sick employees should feel obligated to come in. It is in the interest of the company to ensure that other employees do not fall ill as well. 3. Track time and attendance accurately Before you can start giving rewards out, you need to ensure that you’re tracking employees’ time and attendance accurately. Manual time clocks are no longer reliable, as they are susceptible to time theft. Investing in cloud-based time and attendance software saves you time and energy on processing timesheets. 4. Start rewarding employee attendance Provide free breakfast once a month. One popular way to reward punctuality is to provide free breakfast. This can be done once a month on a set day, or even more frequently, but on random days. Those who have good attendance will feel the benefits of coming in early, while those who don’t will start thinking about it. Give out small rewards to multiple employees. Gift cards, lunch vouchers, and company apparel cost little but are always appreciated. Keeping the rewards budget-friendly will allow you to give them out to more people and more often. It’s also a great way to keep attention on the program. Create a “hall of fame” for time and attendance. Publicly recognize employees who consistently come in on time and do not have unexcused absences. It will boost their morale, and hopefully inspire others to follow suit. Reward consistent performers with time off. Don’t think of this as additional expense, because a consistent performer will have more than made up for it. This can be the high value reward given out during your end-of-year party. Include a plane ticket and hotel accommodations if you can afford it! 4. Provide consultations for violators Feedback and coaching are important parts of any rewards program. Those who fail to meet time and attendance targets could be doing so for any number of reasons, such as single parenthood, chronic illness, or even financial instability. Understanding what they are going through is instrumental to helping them perform better. 5. Evaluate your program Compare your baselines with data in six months, and then one year later. Evaluate where improvements took place, and what adjustments you can make. Don’t forget to ask for feedback from your employees as well! Working with your employees on policies that affect them will help the company succeed in the long run.
GDPR
General Data Protection Regulation (GDPR) Schedule 4 – Data Security and Privacy Provisions 1. Definitions In this Schedule 4: GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement […]
Team Tanda
25 May 2018 |
General Data Protection Regulation (GDPR) Schedule 4 – Data Security and Privacy Provisions1. DefinitionsIn this Schedule 4:GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).Personal Data means any individual element of information concerning the personal or material circumstances of an identified or identifiable individual, which is collected, held or processed by Tanda in the course of Tanda performing its obligations under the Licence and Services Agreement.Processing means processing of Personal Data on behalf, encompassing the storage, amendment, transfer, blocking or erasure of personal data by Tanda acting on behalf of the Client.Instruction means the written instruction, issued by the Client to Tanda, and directing the same to perform a specific action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available). Instructions shall initially be specified in this Agreement and may, from time to time thereafter, be amended, amplified or replaced by the Client in separate instructions (individual instructions).Licence and Services Agreement means the agreement to which this Schedule 4 is attached. 2. Scope and ResponsibilityTanda shall process Personal Data on behalf of the Client. Processing shall include such actions as may be specified in this Agreement. Within the scope of this Agreement, the Client shall be solely responsible for complying with these requirements relating to data protection, in particular regarding the transfer of Personal Data to Tanda and the Processing of Personal Data (acting as the Controller as defined in article 4 (7) GDPR).The requirements under this Schedule 4 shall also apply if testing or maintenance of automatic processes or of Processing equipment is performed on behalf of the Client, and access to Personal Data in such context cannot be excluded. 3. Obligations of TandaTanda shall collect, process and use Personal Data within the scope of the Client’s Instructions.Tanda will procure that its employees and other persons authorised to process Personal Data have committed themselves to confidentiality.Within Tanda’s area of responsibility, Tanda shall structure its internal corporate organization to ensure compliance with the specific requirements of the protection of Personal Data under this Schedule 4. Tanda shall take the appropriate technical and organisational measures to adequately protect Personal Data against misuse and loss in accordance with the requirements of Article 32 of the GDPR. Tanda shall notify to the Client the contact details of Tanda’s data protection official.In the event of termination or expiry of this Agreement, Tanda shall, upon the Client’s discretion, either destroy or deliver to the Client all Personal Data or delete, de-identify or destroy such materials in accordance with data protection regulationsTanda will only transfer Personal Data to countries outside of the EEA with the explicit consent of the Client. The Client explicitly consents to the transfer of Personal Data by Tanda or its Subcontractors listed in Attachment 3 to Tanda’s affiliated companies in the jurisdictions as listed in Attachment 3, for the purposes of carrying out Tanda’s obligations under the Licence and Services Agreement. Tanda agrees to comply with the obligations as set out in the Standard Contractual Clauses for the transfer of Personal Data to Data Processors established in third countries adopted by the European Commission decision of 5 February 2010, published under document number C(2010) 593 2010/87/EU (Standard Contractual Clauses) against all identified parties, including the Client, and other relevant Data Subjects (as defined in article 4(1) GDPR)). Tanda acknowledges that the Client will be a data exporter. In particular, and without limiting the above obligation:Tanda agrees to grant third party beneficiary rights to Data Subjects, as set out in clause 3 of the Standard Contractual Clauses, provided that the Tanda’s liability shall be limited to the Tanda’s own Processing operations;Tanda agrees that Tanda’s obligations under the Standard Contractual Clauses shall be governed by the law(s) of the Member State(s) in which the Client is established; andthe details of the appendices applicable to the Standard Contractual Clauses are as set out in Attachment 4 to this Schedule 4.In the event that the European Commission decision authorising the data transfer mechanism referred to below is held to be invalid, or that any supervisory authority requires transfers of Personal Data made pursuant to such decision to be suspended, then the Client may, at its discretion, require Tanda to cease Processing Personal Data to which this clause applies, or co-operate with it to facilitate use of an alternative transfer mechanism.If the European Commission lays down, or an applicable supervisory authority adopts, Standard Contractual Clauses for the matters referred to in Article 28(3) and Article 28(4) of the General Data Protection Regulation pursuant to Article 28(7) or Article 28(8) of the General Data Protection Regulation (as appropriate) and the Client notifies Tanda that it wishes to incorporate any element of any such Standard Contractual Clauses into this Schedule 4, Tanda will agree to the changes as reasonably required by the Client in order to achieve this. 4. Obligations of the ClientThe Client (as the Data Controller) and Tanda (as a Data Processor) shall be separately responsible for conforming with such statutory data protection regulations as are applicable to them in these capacities.The Client warrants that it: has adopted internal policies and implement measures which meet in particular the principles of data protection by design and data protection by default; and will comply with the obligations relating to Data Controllers under the GDPR (or other similar applicable statutory data protection regulations) as they relate to Personal Data collected, used, held, disclosed or transferred by the Client in connection with this agreement.The Client shall inform Tanda without undue delay and comprehensively about any errors or irregularities related to statutory provisions on the Processing of Personal Data detected during a verification of the results of such Processing.The Client shall, upon termination or expiration of the Agreement and by way of issuing an Instruction, stipulate, within a period of time set by Tanda, the measures to return Personal Data carrier media or to delete or de-identify stored Personal Data.The Client agrees to indemnify, keep indemnified and hold harmless, Tanda and its Related Entities and officers (the Indemnified Persons) in connection with:a breach of the Client’s obligations under clause 2(a) or this clause 4; any claim by a third person or Government Body, that an Indemnified Person has contravened the GDPR (or other similar applicable statutory data protection regulations) as a result of any act or omission by the Client or the Client’s Personnel;any Losses incurred by an Indemnified Person, in a connection with an obligation imposed on any of those Indemnified Persons to notify of, prevent, or to take any steps or measures to prevent:a “personal data breach” (having the meaning given in the GDPR), as a result of any act or omission by the Client or the Client’s Personnel; or any actual or suspected unauthorised access or use, or misuse, loss or destruction of any Personal Data as a result of any act or omission by the Client or the Client’s Personnel. 5. Obligations of TandaTanda’s assistance under the following clauses 5(b)-(d) is subject to the Client’s conformance with clause 5(e).Where the Client, based upon applicable data protection law, is obliged to provide information to an individual about the collection, processing or use or its Personal Data, Tanda shall assist the Client in making this information available.Taking into account the nature of the processing, and (where applicable) and the information available to the processor, Tanda will assist the Client: by appropriate technical and organisational measures, insofar as this is possible, to fulfil the Client’s obligation to respond to requests for exercising the individual’s rights laid down in Chapter 3 of the GDPR; and in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR.Tanda will make available to the Client all information reasonably necessary to demonstrate compliance with the obligations laid down in Article 28(3) of the GDPR, and will allow for and contribute to audits, including inspections, conducted by the Client or by an auditor authorised in writing by the Client and notified in writing to Tanda.Provided that:the Client has instructed Tanda in writing to do so; andthe Client reimburses Tanda for the reasonable costs arising from the provision of this assistance,Tanda will provide the assistance described in clauses 5(a)-(d) above. 6. SubcontractorsTanda shall be entitled to subcontract Tanda’s obligations to Process data, including Personal Data (as required by this Agreement and any other Instructions received by Tanda from the Client), only with the Client’s prior written consent. The Client consents to Tanda’s subcontracting to Tanda’s affiliated companies and/or third parties of Tanda’s contractual obligations hereunder, where Tanda’s subcontracting meets the below mentioned requirements. A list of the entrusted affiliated companies and/or third parties shall be attached to this Agreement as Attachment 3 (Subcontractors).Where Tanda engages any subcontractor, Tanda shall be obliged to pass on Tanda’s contractual obligations hereunder to such subcontractors. Sentence 1 shall apply in particular, but shall not be limited to, the contractual requirements for confidentiality, data protection and data security stipulated between the parties of this Agreement, and shall include the Client’s right to audit the subcontractor in accordance with clause 6.the Client shall be entitled, upon written request, to information about the essential content of the subcontract and the implementation of the data protection obligations by any subcontractor, and shall further be entitled to reasonably inspect the relevant contract documentation.Tanda shall, prior to the commencement of Processing, and in regular intervals thereafter audit the technical and organizational measures taken by any subcontractor, and shall document the resulting findings.Alternatively, the Client may:have an expert or data protection official provide a testimonial or expert’s opinion (e.g. certification ISO 27001); orafter given reasonable prior notice in writing, personally audit Tanda during regular business hours, without disrupting Tanda’s business operations. 7. Duties to Inform, Mandatory Written FormWhere Personal Data becomes subject to search and seizure, an attachment order, confiscation during bankruptcy or insolvency proceedings, or similar events or measures by third parties while being Processed, Tanda shall inform the Client without undue delay. Tanda shall, without undue delay, notify to all pertinent parties in such action, that any Personal Data affected thereby is in the Client’s sole property and area of responsibility, that Personal Data is at the Client’s sole disposition, and that the Client is the responsible body in the sense of the GDPR. Attachment 1 – List of Personal Data and the purpose of its ProcessingThe list shall state the extent, the nature and purpose of any contemplated collection, processing and use of data, the type of data, and the circle of data subjects. 1. Subject of the work to be carried outSpecified in the Agreement. 2. Duration of the work to be carried outSpecified in the Agreement. 3. Extent, type and purpose of the intended collection, processing or use of data:Specified in the Agreement. 4. Type of dataFirst Name Last Name Store No. Date of birth Employment start dateEmail Pay rate Payroll numberTelephone numberClassification of employment typeStudent Visa Details Employee time clock information, e.g. work hours and allowances 5. Circle of data subjectsEmployees. Attachment 2 – Technical and Organisational MeasuresTANDA’s technical and organisational measures pursuant to Article 32 of the GDPR are described at tanda.co/gdpr or tanda.co/uk/gdpr, as updated from time to time. Attachment 3 – List of involved subcontractors engaged by Tanda1. Subcontractors in the European Economic AreaCountrySubcontractorRegistered AddressIrelandlogentries.com, Inc.The One Building, 2nd Floor1 Grand Canal Street LowerDublin 2, IrelandIrelandIntercom, Inc.2nd Floor, Stephen Court,18-21 St. Stephen’s GreenDublin 2, IrelandIrelandTwilio Ireland LimitedIconic Offices Sobo Works 2 Windmill LaneSir John Rogerson’s Quay, Dublin 2, IrelandNetherlandsAtlassian Corporation PlcAtlassianSingel 2361016 AB AmsterdamNetherlands 2. Subcontractors outside of the European Economic AreaCountrySubcontractorRegistered AddressAustraliaEPI Capital Pty Ltd t/a TANDALevel 1, 490 Adelaide StreetBrisbane Qld 4000AustraliaPhilippinesTanda Workforce Solutions Inc.19th Floor, Octagon Building, San Miguel Avenue, Brgy San Antonio, Ortigas Center, Pasig City 1605PhilippinesUnited KingdomWorkforce Success LtdOffice 13, Wingate Business Exchange64-67 Wingate SquareLondon SW40AFUnited KingdomUnited StatesTanda Inc.2711 Centerville Road, Suite 400Wilmington DE 19808 Attachment 4 – Standard contractual clausesThe provisions of this Attachment 4 to this Schedule 4 shall govern the transfer of personal data originating from within the EEA.For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection, the Client (as data exporter) and Tanda (as data importer, whose signature appears below), each a party or together the parties, have agreed on the following Contractual Clauses (the Clauses or Standard Contractual Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1 to these Clauses. 1. DefinitionsFor the purposes of the Clauses:personal data, special categories of data, process/processing, controller, processor, data subject and supervisory authority shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;the data exporter means the controller who transfers the personal data;the data importer means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;the subprocessor means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;the applicable data protection law means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;technical and organisational security measures means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. 2. Details of the transferThe details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses. 3. Third-party beneficiary clause1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.3. The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law. 4. Obligations of the data exporterThe data exporter agrees and warrants: (a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;(b) that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;(c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;(e) that it will ensure compliance with the security measures;(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;(g) to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;(i) that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and(j) that it will ensure compliance with Clause 4(a) to (i). 5. Obligations of the data importerThe data importer agrees and warrants:(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;(c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;(d) that it will promptly notify the data exporter about:(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,(ii) any accidental or unauthorised access, and(iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;(f) at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;(e) to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;(h) that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;(i) that the processing services by the subprocessor will be carried out in accordance with Clause 11;(j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter. 6. LiabilityThe parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses. 7. Mediation and jurisdictionThe data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;(b) to refer the dispute to the courts in the Member State in which the data exporter is established.The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law. 8. Cooperation with supervisory authoritiesThe data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b). 9. Governing LawThe Clauses shall be governed by the law of the Member State in which the data exporter is established. 10. Variation of the contractThe parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause. 11. SubprocessingThe data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor’s obligations under such agreement. The prior written contract between the data importer and the subprocessor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses. The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established. The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5(j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority. 12. Obligation after the termination of personal data processing servicesThe parties agree that on the termination of the provision of data processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore. The data importer and the subprocessor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1. Appendix 1 to the Standard Contractual ClausesThis Appendix forms part of the Standard Contractual Clauses in Attachment 4 of this Schedule 4. The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix.Data exporterThe Client is the data exporter and transfers personal data to Tanda to enable Tanda to provide the services under the Licence and Services Agreement.Data importerThe data importer is Tanda, an organisation that provides cloud workforce management software (time and attendance, online rostering, timesheets, pay rates & payroll integration), including the services provided to the Client under the Licence and Services Agreement.Data subjectsData subjects include Personnel and End Users as defined in the Licence and Services Agreement. Data subjects may also include individuals whose personal data are included in the data provided by the Client.Categories of dataThe personal data transferred includes the data as mentioned in Attachment 1 (List of Personal Data and the purpose of its Processing).Processing operationsThe personal data transferred will be subject to the processing operations as described in the Licence and Services Agreement.Subcontractors To the extent this is allowed under this Schedule 4, Tanda may hire other companies to provide services on data importer’s behalf. Any such subcontractors will be permitted to obtain Personal Data only to deliver the services under the Licence and Services Agreement Tanda has retained them to provide, and they are prohibited from using such for any other purpose. Appendix 2 to the Standard Contractual ClausesThe data importer has implemented and will maintain appropriate technical and organizational measures, internal controls, and information security routines intended to protect personal data against accidental loss, destruction, or alteration; unauthorized disclosure or access; or unlawful destruction.The technical and organizational measures, internal controls, and information security routines referred to in Schedule 4 and Attachment 2 (Technical and Organisational Measures) are hereby incorporated into this Appendix 2 by this reference and are binding on the data importer as if they were set forth in this Appendix 2 in their entirety.
Why are we hosting a workforce success conference?
Join Tasmin and Adam as they explain what workforce success means to us, what the Beyond conference will involve and why you and the managers in your business should attend.
Harry Spicer
10 May 2018 |
https://www.youtube.com/watch?v=OgyaaowqRz8 About this Webinar Join Tasmin and Adam as they explain what workforce success means to us, what the Beyond conference will involve and why you and the managers in your business should attend. What you’ll learn What is the Workforce Success Conference What are some of the benefits of attending More about the conference here: https://www.workforcesuccess.com/
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