General conditions
General Terms and Conditions EU-Roots Temporary employment agency B.V.
Version 2024
ARTICLE DESCRIPTION PAGE
CHAPTER 1. GENERAL PROVISIONS
1. Definitions …………………………………………………………………………………………………………………..
2. Applicability of these general terms and conditions …………………………………………………………
3. Formation of the Hiring Agreement ………………………………………………………………..
4. Method of billing ………………………………………………………………………………………………….
5. Payment Terms ………………………………………………………………………………………………..
6. Dissolution ………………………………………………………………………………………………………………..
7. Liability ……………………………………………………………………………………………………….
8. Force majeure …………………………………………………………………………………………………………………
9. Secrecy ………………………………………………………………………………………………………….
CHAPTER 2. CONDITIONS FOR THE POSTING OF TEMPORARY WORKERS
10. Hiring of Temporary Workers …………………………………………………………………………………
11. Content and duration of the Loan Agreement and the posting(s) ……………………
12. The Borrower Rate, (Hourly) Compensation and Other Fees ………………………………………………
13. Information Obligation Borrower ………………………………………………………………………………………
14. Civil chain liability for wages …………………………………………………………………..
15. Establishment of (direct) employment relationship by Hirer with the Temporary Worker ………………..
16. Selection of Temporary Workers, Anti-Discrimination and Vacancy Reporting Requirements………………………..
17. Duty of Care Obligation of Recipient and Indemnity to the Agency ………………………………..
18. Identification and Personal Data ………………………………………………………………………………..
19. Company car and company closure ………………………………………………………………………………
CHAPTER 3 FINAL PROVISIONS
20. Applicable law and competent court ………………………………………………………………………..
21. Final Provisions ……………………………………………………………………………………………………………
CHAPTER 1 GENERAL PROVISIONS
Article 1. Definitions
In these general terms and conditions, the following definitions shall apply:
1.1 Temporary Employment Agency: EU-Roots Uitzendbureau B.V., established in (5144 MB) Waalwijk at Elzenweg 33a, registered in the Commercial Register of the Chamber of Commerce under number: 75536196.
1.2 Temporary Employee: any natural person who performs work for the User on the basis of a Temporary Employment Contract pursuant to Article 7:690 of the Netherlands Civil Code, not being a payroll agreement pursuant to Article 7:692 of the Netherlands Civil Code. The Temporary Worker has been assigned by the Agency and performs work for the User on a temporary and non-exclusive basis.
1.3 Hirer: any natural or legal person that provides itself with one or more Temporary Workers through the Agency or requests an Offer from the Agency for that purpose.
1.4 Parties: the Agency and the Recipient jointly.
1.5 Temporary Employment Agreement: the agreement between an Agency and a Hirer pursuant to which the Temporary Worker is made available to perform work on a non-exclusive basis on behalf of and under the management and supervision of a Hirer.
1.6 Offer: any oral or written offer made by the Agency and the Hirer.
1.7 Recipient Rate: the amount per unit of time due by the Recipient to the Agency for the Supply of the Temporary Worker. It includes the cost of labor including wage costs, payroll taxes and social security contributions, as well as a margin for the Agency’s services.
1.8 Temporary Employment Contract: the employment contract pursuant to Section 7:690 of the Netherlands Civil Code, in which the Temporary Employee is made available on a non-exclusive basis by the Temporary Employment Agency to a User in order to perform work under the management and supervision of that User pursuant to a Temporary Employment Contract concluded by the latter with the Temporary Employment Agency, not being a payroll agreement pursuant to Section 7:692 of the Netherlands Civil Code.
1.9 Temporary Employment Clause: the clause in the Temporary Employment Contract pursuant to which the posting of the Temporary Worker with the Hirer comes to an end at the request of the Hirer and pursuant to which the Temporary Employment Contract immediately terminates by operation of law if the ABU CLA so permits.
1.10 Hirer’s Remuneration: the remuneration applicable at the Hirer for employees employed by the Hirer in an equal or equivalent position as performed by a Temporary Employee, consisting of the following wage elements:
a. only the applicable period wage in the scale;
b. the applicable reduction in working hours;
c. all allowances for working irregular hours and/or under (physically) stressful circumstances related to the nature of the work. For example (non-exhaustive): overtime, working evening, weekend and holiday hours, shifted hours, shift work, low and/or high temperatures, hazardous substances, dirty work;
d. initial wage increase from the same time and to the same extent as at the Borrower;
e. expense allowances (to the extent the Agency can pay them free of payroll taxes and contributions);
f. periodization (amount and timing as determined at the Hirer’s place of business);
g. compensation for travel hours and/or travel time associated with work (unless the travel hours or
travel time are already considered hours worked);
h. one-time benefits, regardless of the purpose or reason for the benefit. By one-time
benefits do not mean periodically repeating benefits;
i. homework allowances, where the portion of the allowance not targeted by law is
exempted gross is paid out;
j. fixed year-end benefits (amount, timing and terms as determined at the Hirer).
Based on the collective bargaining agreement to which the Hirer is bound, additional components may apply to the Hirer’s remuneration, including but not limited to Temporary Workers posted to a company covered by the collective bargaining agreement Construction & Infra.
1.11 ABU CLA: the most recent CLA for Temporary Employees of the ABU.
1.12 PAWW Foundation: the Private Supplementation WW & WGA Foundation.
1.13 Collective Labor Agreement PAWW: the Collective Labor Agreement Private Supplement WW & WGA for the temporary employment industry.
1.14 Confidential Information means any information relating to the business and affairs of either Party and/or any of their affiliates, which includes information relating to the identity of the business and affairs of customers, relations and clients as well as potential customers, relations and clients, and which is considered, or could reasonably be considered, to be confidential, whether or not such information is designated as “confidential”.
1.15 BW: Civil Code.
1.16 Wav: Foreign Nationals Employment Act.
1.17 Atw: Working Hours Act and related laws and regulations.
1.18 Occupational Health and Safety Act: Working Conditions Act and related laws and regulations.
1.19 AVG: The General Data Protection Regulation and related laws and regulations.
Where in these general terms and conditions terms are used that refer to persons stated in the masculine form they also apply to women or non-binary persons and in these terms the corresponding forms of address should be read.
Article 2. Applicability of these general conditions
2.1 These general conditions shall apply to any Offer from the Agency to, and any Temporary Employment Contract between, the Agency and a Hirer to which the Agency has declared these general conditions applicable, as well as to the resulting supplies and services of any kind between the
Agency and a Hirer, to the extent that these general terms and conditions have not been expressly deviated from by the Parties in writing.
2.2 The Borrower with whom once contracted on these general terms and conditions shall be deemed to be
tacitly agree to the applicability thereof to any subsequent agreement concluded with the Agency.
Enlistment Agreement to Agree.
2.3 The Agency shall not be bound by any general terms and conditions of the Hirer, general
terms and conditions of the Borrower shall not apply and are expressly rejected
by the Agency.
2.4 These terms and conditions may be amended or changed at any time.
supplemented. The amended general terms and conditions then also apply with respect to already
Contracts entered into, subject to a period of one month after written
publication of the amendment.
2.5 The Agency’s refusal or failure at any time to use
agreements made or to enforce one or more agreements, shall not be deemed a
include a waiver with respect to these rights or the right to use these general
conditions as yet to be enforced.
2.6 Cancellation by the Borrower, prior to commencement of performance of the Borrowing Agreement, is only
possible if the Agency agrees. In such event the Recipient shall be liable to the
Agency at least 30% of the agreed User Rate for the
agreed duration of the assignment in question.
2.7 If the Hirer less than 5 days before the agreed date of deployment of the Temporary Worker
cancels, the Borrower shall pay the full agreed rate for the agreed duration of
the relevant assignment to the Agency, unless the parties expressly
have agreed otherwise in writing.
2.8 The Borrower is liable to third parties for the consequences of the cancellation and indemnifies the
Agency on the subject.
Article 3. Offers and formation of the Contracting Agreement
3.1 All of the Agency’s Offers are without obligation and may be withdrawn at any time by the
Agency be revoked, even if the Offer includes a deadline for acceptance
contains.
3.2 The Agency cannot be held to its Offer if the Recipient
may reasonably understand that the Offer, or any part thereof, is an apparent
contains error or mistake.
3.3 The Engagement Agreement is established by written acceptance of the Offer by the
Hirer or because the Agency actually provides Temporary Workers to the
Borrower.
3.4 The specific conditions under which the Temporary Worker is placed by the Agency on
is made available to the Borrower are included in the Borrowing Agreement.
3.5 An amendment or addition to the Solicitation Agreement shall not take effect until it has been approved by the
Agency has been confirmed in writing.
Article 4. Method of billing
4.1. Unless otherwise agreed, the Agency’s invoices are based on the
completed time sheets and approved by the Borrower, as well as the
Borrower rate and any additional surcharges and (dis)costs.
4.2. The Borrower is responsible for the correct, timely and complete completion and approval of the
timekeeping. Approval takes place via (digital) signature of the
timekeeping, unless otherwise agreed in writing. The timekeeping shall include
distinguished between regular hours worked, overtime hours and bonus hours (if any
application).
4.3. In the event of a discrepancy between the time sheet submitted to the Agency and the time sheet submitted by the
Hirer retained data therefrom, the data submitted to the Agency shall apply to the
time sheet as correct unless the Borrower proves otherwise.
4.4. If the Temporary Worker disputes the timekeeping data, the Agency may
Invoice the number of hours worked and other expenses according to the Temporary Worker’s statement,
unless the Borrower demonstrates that the aforementioned timekeeping is correct.
4.5. If the Hirer fails to comply with paragraph 2 of this article, the Agency may
decide to bill the Borrower based on the facts and circumstances known to it.
The Agency will not proceed to do so until reasonable consultation with the
Borrower has taken place.
4.6. The Hirer shall ensure that the Agency’s invoices are issued without any deductions,
discount or setoff within 14 days of the invoice date.
4.7. The Hirer may request the Agency to consult on the possibility that
the Borrower a percentage of the amount invoiced into the G account of the
Broadcasting Company deposits, as well as on the amount of the percentage. Only in the event of achieved
agreement can be made use of the aforementioned possibility.
4.8. Upon the Temporary Agency’s first request, the Hirer shall provide a written authorization
provide to the Agency to invoice amounts via automatic
debit from the Borrower’s bank account within the agreed period.
For this purpose, parties will use a SEPA authorization form.
Article 5. Terms of payment
5.1. Only direct payments to the Agency work for the Hirer
liberating.
5.2. Direct payment, or provision of advances by the Borrower to the
Temporary Workers are not permitted, regardless of the reason why or the manner in which it is done.
Such payments and provisions do not affect the Agency and do not provide a
ground for any debt repayment or set-off.
5.3. If the Borrower disputes an invoice, this shall be done within eight days of the date of dispatch of the relevant
invoice shall be notified in writing by the Hirer to the Agency, on
penalty of forfeiting the right to dispute. A dispute of the invoice shall suspend the
payment obligation of the Borrower.
5.4. In the event of non-payment, late payment or incomplete payment by the Borrower of any amount owed by it
amount, he shall be legally in default as of the due date of the relevant invoice.
From that time, the Borrower shall also be liable for default interest of 1% per month, a portion of
counting a month as a whole month, on the invoice amount to the Agency
due.
5.5. All costs, both in and out of court, including legal fees,
to be incurred by the Agency as a result of failure to comply with the
payment obligations by the Borrower, shall be borne by the Borrower. The extrajudicial
Agency’s collection costs, to be calculated on the amount to be collected, shall be
with a minimum of € 500.00 set at least 15% of the principal amount.
5.6. If the Hiring Agreement is entered into with more than one Hirer, which Hirers belong to
same group of companies, then all of the Borrowers are jointly and severally liable for the
obligations under this Article, regardless of the name of the invoice.
5.7. If the financial position and/or payment behavior of the Borrower so requires – in the opinion of
the Agency – gives cause to do so, the Recipient shall, on the first written request of
the Agency:
a. a direct debit authorization as referred to in article 4 paragraph 8 of these general
provide conditions;
b. provide an advance; and/or
c. provide adequate security for the fulfillment of obligations to the
Agency through, for example, a bank guarantee or lien.
The amount of the requested security and/or advance is commensurate with the
extent of the relevant obligations of the Borrower.
5.8. In the event the Recipient fails to comply with a request by the Agency referred to in
the previous paragraph, or if a collection fails, the Borrower shall be in default by operation of law
without notice of default being required. If the Borrower is in default, then
the Agency shall be entitled to terminate the performance of its obligations under the
Hiring Agreement or immediately suspend the Hiring Agreement in its entirety or
partial termination, without the Agency owing any damages
is to the Hirer. All claims of the Agency as a result of the termination shall become
immediately due and payable.
Article 6. Suspension and dissolution
6.1. The Hirer shall not be entitled to temporarily suspend the employment of the Temporary Worker unless
otherwise agreed upon. Is nevertheless suspended, other than in case of force majeure in the sense of
Section 6:75 of the Civil Code, then the Borrower shall be obliged for the duration of the Hiring Agreement to pay the
Borrowing rate to be paid on the per period pursuant to the from the Borrowing Agreement
resultant most recent or usual number of hours and overtime.
6.2. Notwithstanding the provisions of Paragraph 1, the Agency shall not claim the Recipient’s Rate if the Recipient can satisfactorily demonstrate that there is temporarily no work available for the Temporary Worker or that the Temporary Worker cannot be deployed and this is agreed in writing and the Agency has successfully fulfilled the continued payment of wages obligation to the Temporary Worker.
Temporary Worker may exclude under the applicable ABU collective bargaining agreement.
6.3. If a party fails to fulfill its obligations under the Subcontract, the
other party – in addition to what is provided in the Hiring Agreement – is entitled to the
Contracting Agreement by registered letter out of court in whole or in part.
partial dissolution. Dissolution shall not occur until the defaulting party has
written notice of default was given to him and he was given a reasonable time to correct the deficiency
purge and fulfillment has failed.
6.4. Furthermore, without any demand or notice of default being required, one party shall be entitled,
out of court, the Contracting Agreement by registered letter with
immediately terminate in whole or in part if:
a. the other party applies for (provisional) suspension of payments or grants him (provisional) suspension of payments
of payment is granted;
b. the other party files for its own bankruptcy or is declared bankrupt
declared;
c. the other party is in a WHOA process or entering into a WHOA agreement;
d. the other party’s business is liquidated;
e. the other party ceases its current business;
f. through no fault of one party on a substantial part of the assets of the other
party is seized, or if the other party otherwise becomes unable to
should be expected to be able to fulfill the obligations under the Loan Agreement.
6.5. If, at the time of dissolution, the Borrower has already performed in performance of the
had received the Loan Agreement, he may only partially rescind the Loan Agreement
and only for that part which has not yet been paid by or on behalf of the Agency.
performed.
6.6. Amounts invoiced by the Agency to the Hirer prior to dissolution in
connection with what it has already performed in execution of the Hiring Agreement, shall remain
undiminished by Borrower to it and shall become due at the time of dissolution
immediately due and payable.
Article 7. Liability
7.1. Subject to provisions of mandatory law, the Agency shall not be bound to any
compensation for damages of any kind, direct or indirect, caused to the Temporary Worker,
the Borrower or to property or persons at or belonging to the Borrower or a third party, or otherwise related
relating to a Subcontract, including (but not limited to) damages
that arose as a result of:
a. the failure for whatever reason to come to fruition of the Loan Agreement, or
being unable to (continue to) make the Temporary Worker available;
b. the posting of the Temporary Worker by the Agency to the Hirer,
even if such Temporary Worker proves not to meet the requirements set by the User.
requirements imposed on him.
c. unilateral termination/termination of the Temporary Contract by the Temporary Worker.
d. acts or omissions of the Temporary Worker, the Hirer itself or a third party, including
entering into commitments by the Temporary Worker.
e. on-lending by the Hirer without the Agency’s written consent
of the Temporary Worker.
7.2. In any event, any liability of the Agency for any direct damages shall be,
per occurrence, limited to the amount provided by the Agency’s insurance
actually pays out.
7.3. For indirect damages, including consequential damages, lost profits and missed savings, the
Agency shall never be liable.
7.4. The Borrower is required to provide adequate, total coverage
liability insurance for all direct and indirect damages referred to in paragraphs 1 through 3
of this article. At the Agency’s first request, the Recipient shall submit evidence showing
this insurance obligation appears.
7.5. In any event, the Hirer shall indemnify the Agency against any claims
or fines of the Temporary Worker or third parties, to compensation for damages referred to in paragraph 1 of this
article suffered by such Temporary Worker or third parties. The Hirer shall always be liable to the
Agency for any damage it suffers in the event of an attributable failure of
the Borrower in performing its obligations under the Loan Agreement and/or the
present general terms and conditions.
7.6. The Agency shall at all times have the right, if and to the extent possible, to use any
damages of the Borrower. This also includes the right of the
Agency to take measures that may prevent or
limit.
7.7. The Hirer shall indemnify and hold the Agency harmless in respect of the costs
(including legal fees), claims or demands arising directly or indirectly for the
Agency as a result of or in connection with the Hiring Agreement, including, but not limited to
not limited to, costs, claims or demands arising from a violation of
agreements made between the parties by the Borrower (or its employees, subcontractors or
agents) and/or violation by the Borrower of applicable legal provisions.
Article 8. Force Majeure
8.1. In the event of force majeure on the part of the Agency, its obligations under the
Loan Agreement shall be suspended for as long as the force majeure condition continues. Under
Force majeure shall mean any event independent of the will of the Agency
circumstance, which permanently or temporarily prevents the performance of the Hiring Agreement and
which neither by law nor by the standards of reasonableness and fairness is at its risk
belongs to come.
8.2. Once a force majeure condition occurs at the Agency as in paragraph 1 of this article
referred to, it shall give notice thereof to the Borrower.
8.3. Insofar as not already included therein, force majeure shall also include work strikes,
industrial action, blockades, embargo, government measures, war, revolution and/or any of its effects.
equivalent condition, power failures, failures of electronic communication lines, fire,
explosion and other calamities, water damage, flooding, earthquake and other
natural disasters, as well as extensive illness of an epidemiological nature of personnel.
8.4. As long as the force majeure condition continues, the obligations of the Agency shall
have been suspended. However, this suspension will not apply to obligations on which the force majeure
does not relate to and have already arisen before the force majeure condition occurred.
8.5. If the force majeure condition has lasted three months, or as soon as it is established that the force majeure
condition will last longer than three months, either party shall be entitled to the
Loan Agreement to terminate early without observing any notice period. The
Even after such termination of the Borrowing Agreement, the Borrower shall be obliged to pay to the
Agency, which relate to the period before the
force majeure condition, to be paid to the Agency.
8.6. The Agency shall not be required to compensate any
any damages from or at the Borrower, nor is it bound to do so after termination of the
Subcontract as referred to in paragraph 5 of this article.
Article 9. Secrecy and intellectual property
9.1. The parties shall not disclose Confidential Information from or about the other party, its activities and
relations, which has come to their knowledge pursuant to an offer or the Solicitation Agreement,
provide to third parties. This unless – and then to the extent – disclosure of that information is necessary
to properly perform the Engagement Agreement or on them a legal duty to
announcement rests.
9.2. At the request of the Hirer, the Agency shall require the Temporary Worker to
secrecy regarding all that is known or known to him in the performance of the work
sensed, unless the Temporary Worker is under a legal duty to disclose.
9.3. The Hirer is free to impose confidentiality obligations directly on the Temporary Worker. The
The Hirer shall inform the Agency of its intention to do so and provide a copy
of what is stipulated in this respect to the Agency. The Agency Agreement is
not a party to this non-disclosure agreement and therefore cannot, on that basis, be
be held liable.
9.4. The Agency shall not be liable for any fine, penalty or any damages of
the Hirer as a result of breach of confidentiality by the Temporary Worker.
9.5. All intellectual property on ICT resources, the texts, data (files), formats, logos,
trademarks, other visual and/or audio material and any other material, including the
design, its selection and arrangement, to which the Borrower will have access under
the Offer, Assignment, Subcontract or other agreement, with the exception of
materials of the Hirer, shall be vested exclusively in the Agency. This includes
any adjustments specifically made at the request and/or expense of Borrower and/or
supplements or works. To the Borrower, with respect to the ICT resources and the aforementioned
material only a temporary, personal, non-exclusive and non-transferable right of use
provided, to the extent and for as long as necessary to make use of the between parties
agreed services. Manufactured by the Hirer specifically for Agency.
material may continue to be used – for your own internal business purposes – even after the service is completed.
used by the Borrower.
9.6. The Hirer shall indemnify the Agency against all third party claims in connection with the
alleged infringement of the intellectual property rights of third parties to the intellectual property rights granted by the Borrower to
material provided by the Agency, or with respect to the material provided by the
Temporary Worker to be performed.
9.7. To the Borrower shall accrue all intellectual property rights in the results of the work performed by the
Temporary Worker performed, if and to the extent provided by law. The
At the request of the Hirer, the Agency shall provide the Temporary Worker with a written statement
have it signed in order to achieve – to the extent necessary and possible – at least to
promote that all intellectual property rights in the results of the work of
the Temporary Worker accrue or (will accrue) to the Hirer, respectively.
9.8. The Hirer is free to enter into an agreement directly with the Temporary Worker or
submit to him for signature a statement regarding intellectual property rights.
The Hirer informs the Agency of its intention to do so and provides the
Agency a copy thereof. The Agency is not a party to this
agreement and therefore can never be held liable on this basis.
CHAPTER 2. CONDITIONS FOR THE POSTING OF TEMPORARY WORKERS
Article 10. Hiring of Temporary Workers
10.1. The Temporary Contract is entered into between the Temporary Worker and the Agency.
This relates to a temporary employment contract pursuant to Section 7:690 of the Dutch Civil Code not being a payroll contract ex
Section 7:692 of the Dutch Civil Code. The ABU collective labor agreement applies to the Temporary Employment Agreement. Between the User and
the Temporary Worker no employment contract exists. The Hirer is not permitted to act as
formally employer or act on behalf of the Agency against the Temporary Worker.
10.2. The Temporary Worker actually works under the supervision and direction of the Hirer. The Hirer takes
exercise the same care as towards its own employees. The Agency has
as a formal employer has no visibility into the workplace and the work to be performed, based on
of which the Borrower must ensure a safe working environment. Pursuant to
the applicable Atw and Occupational Health and Safety Act “employer” and thus responsible as well as liable for
all obligations arising therefrom, including to the Temporary Worker and the
Agency. Subject to the express and prior written agreement of the
Agency, the Temporary Worker may only perform the agreed upon work
perform, to the exclusion of all work protected by special regulation such as
unhealthy, dangerous or underground work or activities on notice, and is the Borrower
prohibited from assigning the Temporary Worker to an assignment different from the one for which
the Temporary Worker was made available by the Agency to the Hirer.
10.3. If an accident at work occurs in which an equipment provided by the Agency to the Hirer is
Temporary Employee made available is involved, the Hirer is obliged to immediately notify the
Notify the Agency in writing and any and all changes made by the Agency in that regard.
provide requested information and/or documents.
10.4. The Agency and the Hirer agree that the Agency will provide the following
has independent rights, without interference from the Borrower:
a. prior to employment, screen the Temporary Worker and verify that the
Temporary worker meets specified requirements;
b. the Temporary Worker (possibly in consultation with the Temporary Worker’s supervisor
at Borrower) to evaluate its performance;
c. give the Temporary Worker a written or verbal warning, or
impose other disciplinary measures;
d. conduct its personnel policy independently, which includes sick leave of
the Temporary Worker and leave requests should be submitted to the Agency.
submitted by the Temporary Employee and the Agency, in consultation with
Borrower must consent;
e. provide supervision of the Temporary Worker during illness and disability
as well as reintegration;
f. train and retrain the Temporary Worker in the context of sustainable
employability of the Temporary Worker. However, also in the context of the training obligation
as a formal employer, and to increase the likelihood of the Temporary Worker possibly being passed on to
places with other hirers.
10.5. The Hirer shall not on-lend the Temporary Worker hired by it to a
third party to work under its supervision and direction, without the written consent of the
Agency. In addition, the Hirer is prohibited, without prior written
permission of the Agency to take the Temporary Worker outside the Dutch
territory. A violation of this paragraph shall result in the
Agency is entitled to terminate the Supply of the Temporary Worker and/or the
Inleen Agreement with immediate effect, as well as all resulting or related to it.
involving damages to the Recipient. The Hirer shall notify the Agency
then fully indemnified.
10.6. The Hirer is required to provide the Temporary Worker who is a member of the Works Council of the
Agency or of the Hirer’s works council, to give such
exercise participation rights in accordance with laws and regulations. If the Temporary Employee
exercises co-determination in the Borrower’s company, the Borrower shall also be liable for the Borrower rate
owed for the hours during which the Temporary Worker performs work during working hours or a
attends training related to the exercise of co-determination.
10.7. The Agency shall at all times be entitled to make a proposal to the Recipient to
replacement of a posted Temporary Worker with another Temporary Worker under
continuation of the Loan Agreement, such in view of company policy or
personnel policies of the Agency, maintenance of employment or compliance with
applicable laws and regulations. The Borrower may reject such a proposal only if it is
has a legitimate reason for doing so. The Borrower shall, if requested, make any rejection in writing
justification. There is a non-exclusive posting of the Temporary Worker to the
Agency. The Agency shall at all times have the power to change the
Temporary Worker to another Hirer.
10.8. The Agency shall not fail imputably to the Recipient and shall not be required to
compensation of any damage or costs to the Hirer, if the Agency, for any
reason whatsoever, a (replacement) Temporary Employee cannot (no longer), or at least not (no longer) in the manner and in
the extent as determined by the Hiring Agreement or subsequently agreed upon to the Borrower at the
can make available.
10.9. The Agency bears no responsibility and/or liability with respect to the
recover any costs incurred by the Hirer on behalf of the Temporary Worker.
incurred in the performance of his duties (e.g., meals in company restaurant, use
of telephone for private purposes and/or other business assets of the Borrower).
10.10. If the Temporary Worker uses an asset and/or vehicle of the Hirer, the
Borrower fully responsible that the asset and/or vehicle complies with applicable regulations
complies. The Hirer shall indemnify the Agency against any claims in this respect,
claim, however named and on whatever basis and/or brought by whomever.
10.11. The Temporary Employment Agency falls within the scope of and is bound by the collective bargaining agreement PAWW.
The Agency shall have the right and may obtain dispensation for this purpose to make the PAWW contribution
reinsure privately. The foregoing affects the amount to be paid by the Borrower
Hirer Rate. The Agency shall be entitled to make the payments to Stichting PAWW or
charge a private insurer to Borrower and is entitled to unilaterally charge the
Borrower rate to change on an interim basis, such as but not limited to changes in the
PAWW plan and/or the contribution or premiums to be paid by the Agency. The
Agency will notify the Hirer in a timely manner.
Article 11. Content and duration of the Engagement Agreement and the posting(s).
11.1. The Temporary Employment Agreement will specify the specific terms and conditions under which the Temporary Worker will be assigned to the
Borrower is made available. The Hiring Agreement cannot be
terminated as long as Temporary Workers are made available to the Hirer.
11.2. The Hirer shall inform the Agency of the intended duration, (weekly or minimum
monthly) scope of work and times of posting, on the basis of which the
Agency may change the nature and duration of the Temporary Contract with the Temporary Worker.
determine.
11.3. If, after the Temporary Worker has appeared at the workplace, the Hirer uses less than three hours
makes use of its labor supply, the Borrower shall be liable for payment of the Borrower rate over at least two years.
at least three hours per call if:
a. a scope of work of less than 15 hours per week is agreed upon and the working hours are not
are established; or
b. there is an on-call contract (ex Article 7:628a of the Civil Code).
11.4. If a Temporary Worker has already been called up but has been assigned to
side of the Borrower cannot perform the work or the working hours are adjusted, then the
Hirer shall notify the Agency at least four days prior to the
moment the work was to commence. If the Hirer fails to do so and the Temporary Worker has
about an on-call contract (pursuant to Section 7:628a of the Civil Code), then the Borrower shall be liable for the Borrower rate
due on the number of hours related to the original call under which the
working hours.
11.5. If the Temporary Worker has an on-call agreement (pursuant to Section 7:628a of the Netherlands Civil Code), the
Agency is required to make an offer to the Temporary Worker after twelve months for
a fixed scope of work including continued payment of wages, where the fixed scope of work is
is at least equal to the average employment rate in the preceding 12-year period
months. If the offer is accepted by the Temporary Worker, then the Hirer rate will be
are (re)calculated on the fixed scope of work and not on the actual number of hours worked.
11.6. If the Temporary Employment Contract was entered into with Temporary Employment Clause and the Temporary Employment Clause can be validly
be invoked by the Agency (i.e., not during illness/incapacity),
then the Agency, Temporary Employee and/or the Hirer need not observe a notice period.
take if they wish to terminate the posting in the interim, unless otherwise agreed in writing
agreed. However, the Hirer must provide the Agency with at least 10 days prior
to an end of the Temporary Employment Agreement, to give notice of the intent to terminate the
termination of the Temporary Worker’s posting, unless such termination is reasonably
and fairness cannot be required of the Borrower.
11.7. If the Temporary Employment Contract was not entered into with Temporary Employment Clause, then the Hirer may be the
posting only terminate prematurely under the condition that the
posting-related payment obligations continue until the expiration of
the agreed duration of the posting. In such event the Agency shall be entitled to
to charge the Borrower rate up to the agreed duration of the posting to the Borrower in
(continue to) charge in accordance with the usual or expected pattern of work
of the Temporary Worker, unless the Agency and the Hirer have agreed in writing to that effect
have agreed otherwise.
11.8. If the Borrower wishes to terminate the posting when nothing has been agreed upon
regarding the duration of the posting and the Temporary Worker on the basis of a
Temporary employment contract for a definite or indefinite period, a notice period of
one month subject to the condition that the Agency terminates the Temporary Employment Agreement with the
relevant Temporary Worker has validly terminated.
11.9. If the reason for termination is due to a dispute with the Temporary Worker, or a
conflict situation, then the Hirer shall notify the Agency in a timely manner.
The Agency shall then investigate whether the dispute or conflict situation can be
be resolved.
11.10. The Agency may, in connection with the notice obligation applicable to it vis-à-vis the
Temporary Worker to the Hirer at least five weeks before the end of Temporary Work Agreement for
fixed-term request to indicate whether he intends to make the posting
continue. The Borrower is then required to indicate within three days whether it will continue the
wishes to continue posting. Failure to inform the
Agency shall cause, the Hirer to pay the costs associated with the compensation ex
Section 7:668 of the Netherlands Civil Code must compensate the Agency in full. Above all, the Recipient
then fully liable for any resulting damages, indemnifies Borrower
Agency for this and hold it harmless.
11.11. If at any time the Agency owes the Temporary Worker a fee,
such as, but not limited to, transitional compensation, equitable compensation, or a
equivalent provision within the meaning of article 7:673 BW et seq. and/or compensation due to not (entirely)
observed notice period, the Agency shall be entitled to do so on a one-for-one basis including
employer charges to the Borrower. This unless explicitly agreed otherwise in writing.
agreed.
Article 12. The Borrower rate, (hourly) remuneration and other fees
12.1. For the supply of the Temporary Worker, the Hirer shall pay the Hirer’s rate to the
Agency, subject to any agreements to the contrary.
have been made. The Hirer Rate is in direct proportion to the Temporary Worker’s
Recipient’s Remuneration Due. The Borrower’s Compensation of the Temporary Worker shall be paid in advance to the
posting and determined if necessary during the posting. The
Agency uses a process for determining the Borrower’s Compensation. The Hirer
is required to cooperate in this process of determining the Borrower’s Compensation, then
does provide all information and data necessary to the Agency
to establish the Borrower’s Compensation.
12.2. The Agency shall be entitled to make interim changes to the Recipient Rate in the event of
a change in the Hirer’s remuneration, collective bargaining obligations, changes in or as a result of laws and
regulations such as tax and social laws and regulations and/or changes however named and on
any basis whatsoever in the remuneration to be received by the Temporary Worker in the broadest sense
of the word. Such changes shall be made effective at the time of such changes to
passed on to the Borrower and are payable accordingly by the Borrower, even if these
changes occur during the term of an Assignment Agreement. The Agency is
entitled to annually adjust or index the Borrower Rate by the October CPI
in the preceding year.
Article 13. Information obligation of Borrower
13.1. The Recipient shall inform the Agency in a timely, accurate and complete manner of all matters relevant to the
performance of the Hiring Agreement is of interest to the Agency, including, not
exclusively:
a. on the Borrower Remuneration;
b. on the specific safety and health risks associated with
the work to be performed, as well as details of any
measures taken to prevent or control such risks;
c. the date on which the Temporary Worker is to commence work;
d. the expected duration of the posting, the hours of work and the number to be
expected work hours per week or period;
e. the nature and/or details of the work to be performed by the
Temporary employee;
f. the location(s) where the work is to be performed by the Temporary Worker;
g. the number of hours/days and any specific requirements related to the
timekeeping and reporting that Hirer expects from the Temporary Worker;
h. any experience, training, qualifications, approvals from professional bodies
which the Hirer wishes the Temporary Worker to have;
i. any expenses payable by or to the Temporary Worker;
j. any (conduct and/or house) rules or procedures in place at the site, policies on the
area of IT access, security, use of assets or policies of which Borrower
desires that these be complied with by the Temporary Worker and copies of such matters.
13.2. If the Temporary Worker’s Recipient Compensation cannot be determined, these
determined on the basis of interviews conducted by the Agency with the
Hirer and the Temporary Worker. In determining the wage/Inlender’s remuneration, the guiding principle shall be the
level of education and experience of the Temporary Worker and the required capabilities that fill
of that function entails.
13.3. The Borrower warrants the accuracy, completeness, reliability, soundness and
legality of acts performed by or on its behalf to the Agency, and
data/information provided. In case there are changes relevant to the
Agency for the proper performance of the Hiring Agreement, including the
application of the Recipient’s Remuneration, the Recipient shall promptly notify the Agency.
notification.
13.4. The Agency shall be entitled to retroactively correct the Hirer Rate
and charge to the Borrower, if it appears that (any of the elements of) the
Hirer compensation was determined to be incomplete or incorrect.
13.5. If and to the extent that the Agency suffers damage directly or indirectly due to incomplete and/or
incorrect information on the part of the Borrower or failure to provide timely or incorrect
information (regarding, among other things, but not limited to, the Borrower’s Compensation and positions), then the
Borrower held such damages, including all actual costs of legal counsel,
in as well as out of court proceedings, in full to the Agency.
The Hirer indemnifies the Agency and is fully liable for any claim,
claim, fine, (sanction) measure or demand of the Temporary Worker or a third party including but not limited to
not exclusively the Tax Administration and/or the Employee Insurance Administration (UWV)
and/or the Netherlands Labor Inspectorate, Social Intelligence and Investigation Service (SIOD), Foundation
Pension Funds for Personnel Services (StiPP), Stichting Naleving CAO voor Uitzendkrachten.
(SNCU) and/or a union.
13.6. The Hirer guarantees that it will provide the Temporary Worker from the commencement of the posting of the
Temporary Worker, will provide the Temporary Worker with information about relevant job openings at
the Borrower and access to all collective facilities and amenities.
Article 14. Civil chain liability for wages
14.1. In addition to the Agency, the Hirer is jointly and severally liable to the Temporary Worker for
the payment of wages owed to the Temporary Worker, unless the Hirer regarding the
qualifies any underpayment as non-accountable.
14.2. The Borrower must, for the purpose of proving its non-repudiation, at least the
Agency to provide timely, accurate and complete information regarding the Recipient Compensation.
14.3. The Agency is bound to the Hirer to remunerate the Temporary Worker in accordance with
applicable laws and regulations, as well as the ABU Collective Bargaining Agreement for Temporary Workers.
14.4. If the Borrower wishes to obtain further information on the terms of employment of the
Temporary worker in the context of chain liability for wages, he enters into consultations on the matter
with the Agency.
14.5. The Borrower shall refrain from requesting the data not related to or in
relation to the Temporary Worker’s pay. The Agency reserves the right
for providing anonymized information to the Borrower. With respect to the obtained
information relating to the Temporary Worker, the Hirer is obliged to maintain confidentiality.
Article 15. Entering into (direct) employment relationship by the Hirer with the Temporary Worker
15.1. If the Recipient uses any of the items provided or to be provided to it by the Agency with a
Temporary Worker directly into an employment contract, or other type of
employment relationship, it shall forthwith notify the Agency in writing.
knowledge. The parties will then enter into consultation to discuss the Borrower’s wishes. The Borrower
shall owe the Agency a reasonable fee, for the work performed by the
Agency provided services in connection with the posting, recruitment and/or
training of the Temporary Worker, in accordance with the provisions of Article 9a paragraph 2 of the Assignment Act
labor by intermediaries, which compensation is calculated as follows: 1040 hours – the
number of hours worked under the posting x Hirer rate x 25%.
15.2. The fee in paragraph 1 is also due when the Borrower, within six months after a
(prospective) Temporary Employee has been proposed to the Hirer for an employment contract or an
enters into any other type of employment relationship with the (prospective) Temporary Employee. In addition, the compensation
in paragraph 1 is due if the Temporary Employee, within six months after the posting
with the Borrower has terminated an employment contract or other type of employment relationship with
the Agency.
15.3. If the Hirer and the Agency had not yet agreed on the
Borrower rate or in case the amount paragraph 1 cannot be determined for any reason, then
the Hirer shall owe the Agency a lump-sum payment, without further
summons or notice of default, of €15,000.00 (in words: fifteen thousand euros) excluding VAT.
15.4. Other type of employment relationship as referred to in this article includes:
a. appointing as an officer;
b. assignment agreement;
c. contracting work;
d. having the Temporary Worker made available to the Hirer by a third party
(for example, another staffing company) for the same or different work.
15.5. The Hirer shall not enter into an employment contract directly with the Temporary Worker if the
Temporary Worker has not validly executed the Temporary Employment Agreement with the Agency
terminated.
15.6. The Hirer is prohibited from inducing Temporary Workers to enter into an employment contract,
or enter into another type of employment relationship with another company, with the
intent to borrow the Temporary Workers through this other company.
Article 16. Selection of Temporary Workers, Anti-discrimination and Vacancy Notification Duty.
16.1. The Temporary Worker is chosen by the Agency on the one hand on the basis of his
abilities and skills and, on the other hand, on the basis of the
job requirements.
16.2. The Hirer has the right, if a Temporary Worker fails to meet the requirements set by the Hirer
job requirements, this within 4 hours of the start of work to the
Agency. In such event, the Recipient shall be required to pay the
Agency to pay at least the wages due to the Temporary Worker,
plus the employer’s share of social security charges and contributions and from the ABU collective bargaining agreement
resulting obligations.
16.3. During the term of the Hiring Agreement, the Agency is entitled to make a
offer to replace the Temporary Worker, for example, if the Temporary Worker does not
is no longer able to perform the labor, or in connection with a reorganization to be implemented
or reassignment obligation. The Borrower Rate will then be reset.
16.4. Non-functional requirements that furthermore (may) lead to (in)direct discrimination, under
more related to race, religion, sex and/or disability, may not be accepted by the Borrower.
be made. In any event, they will not be honored by the Agency.
16.5. Hirer and the Agency do their part to ensure an inclusive and diverse
working environment and are committed to fighting discrimination.
16.6. Discrimination means making direct and indirect distinctions between persons
on the basis of age, gender, marital status, sexual orientation, life, political or
religion, race, ethnicity or nationality.
In particular, discrimination is understood to include responding to requests during the
application process to distinguish between individuals based on certain criteria that are
by no means necessary and/or relevant to the proper filling of the position. The vacancies of
the Agency therefore contain only job requirements relating to
competence, conduct and personal qualities. If applicable, additional
selection procedures and/or research mentioned. Only in exceptional cases (and only when
this serves a legitimate purpose) personal characteristics may be included, provided this is
necessary to perform the function and to the extent permissible by law.
16.7. Hirer and Agency will take into account during the application process that
certain criteria will be honored only if there is objective
justification. Objective justification exists if selecting for the requested
criteria:
a. serves a legitimate purpose. This means that there is a good -function related- reason
is to test for relevant criteria during the application process (an example
of a legitimate purpose is security);
b. results in the achievement of the legitimate goal, the means is appropriate to achieve the goal
reach;
c. is reasonably related to the purpose, there is proportionality to
relative to the goal;
d. is necessary because there is no other, less discriminatory way to
achieve the goal, the necessity criterion is met.
General example: It can be objectively justified that a vacancy for a
position within the police or a security guard position includes an age limit. An age limit
generally indicates age discrimination. Applying such a
age limit with respect to the aforementioned functions, however, should obviously be a
legitimate purpose, namely the (future) safety of the Temporary Worker.
16.8. The Agency and Hirer will not tolerate Temporary Workers on a
discriminatory manner just as the Agency will not tolerate any discrimination within
her company cooperates with requests that incite discrimination.
16.9. Hirer complies with the vacancy reporting requirement pursuant to Section 8c Waadi.
16.10. The Hirer and the Agency shall promptly notify each other if the assigned
alleged Temporary Worker does not perform or performs inadequately, there are irregularities
observed with respect to the Posted Temporary Worker or otherwise
address developments relevant to the performance of the Indenture Agreement
between the Hirer and the Agency as well as Temporary Employment Agreement between the
Agency and the Temporary Worker.
Article 17. Obligation of Care to the Recipient and indemnity vis-à-vis the Agency
17.1. The Borrower is aware that, pursuant to Section 7:658 of the Dutch Civil Code and the applicable Occupational Health and Safety Act, he has the
obligation to provide a safe workplace for the Temporary Worker. The Hirer shall provide
the Temporary Worker concrete instructions to prevent the Temporary Worker in the performance of
his work suffers damage. The Hirer shall also provide the Temporary Worker with personal
protective equipment as necessary. If supplies are provided by the
provided by the Agency, the Agency shall be entitled to pay the costs associated therewith.
associated with the Borrower.
17.2. Before the posting commences, the Hirer shall provide the Temporary Worker and
Agency the necessary information about the required professional qualification of the
Temporary Worker, as well as the Risk Inventory and Evaluation (RI&E), containing the specific
characteristics of the job to be filled. The Temporary Worker must be given sufficient opportunity
be given to peruse the contents before the work can commence.
17.3. The Hirer shall be liable to the Temporary Worker and Agency for and
consequently obliged to compensate the damage suffered by the Temporary Worker in the exercise of
his work, unless the damage is substantially the result of intentional or deliberate
recklessness of the Temporary Employee, all subject to the provisions of Article 7.
17.4. If the Temporary Worker has suffered injuries in the performance of his work such that
therefrom resulting in death, the Borrower shall, in accordance with section 6:108 of the Civil Code, be liable to the person referred to in that section
said persons and to the Agency to compensate the damage to
said persons, unless the damage is substantially the result of intentional or deliberate
recklessness of the Temporary Employee, all subject to the provisions of Article 7.
17.5. The Hirer shall fully indemnify the Agency against claims, against the
Agency instituted for failure of the Borrower to comply with the requirements of this Article
said obligations and shall pay the related legal expenses in full to the
Agency. The Hirer grants the Agency the authority to its
claims referred to in this article to the directly interested party or parties.
17.6. The Borrower is required to provide adequate, total coverage
liability insurance for all direct and indirect damages referred to in this article.
17.7. The Borrower is aware that it is considered an employer within the meaning of the Atw. The
Borrower therefore guarantees that working hours and rest and working time comply with the
legal requirements. The Hirer shall ensure that the Temporary Worker meets the legally permissible
working hours and does not exceed the agreed working hours. The working and rest times of the
Temporary Employee are equal to the times and hours customary at the Hirer, unless otherwise
agreed.
17.8. If for the posting of the Temporary Worker specific training and/or instructions
required, then these hours will be charged to the Borrower as hours worked.
17.9. If, without the intervention of the Agency, the Hirer provides housing and/or
operating resources directly to the Temporary Worker, the Hirer itself is entirely
responsible and liable therefor. The Hirer shall indemnify the Agency against any
liability however named and on whatever basis as a result of the
Borrower to the Temporary Worker. The Hirer shall
observe all standards of reasonableness and applicable laws and regulations in the
provision of housing and/or operating resources to the Temporary Worker.
17.10. If the Borrower fails to fulfill its obligations under this Article, it shall be liable for all direct
and indirect damage suffered by the Agency as a result and to compensate the
Indemnify Agency as appropriate.
Article 18. Identification and personal data.
18.1. Upon commencement of the posting of a Temporary Worker, the Hirer shall establish his identity
on the basis of the original identity document. The Borrower shall arrange its records so that
the identity of the Temporary Worker can be proven.
18.2. The Agency shall not be liable for any loss suffered by the Hirer as a result of a
failure of the Hirer to identify the Temporary Worker. The Hirer shall indemnify the
Agency in full for any damage resulting from misidentification, unless
such damage is due to an intentional or knowingly reckless act of the
Staffing Company.
18.3. The parties shall treat all personal data of Temporary Employees provided to them in the context of the Posting as confidential and process them in accordance with the
provisions of the AVG.
18.4. Depending on responsibilities and methods of operation, parties make agreements in accordance with the AVG
regarding data breaches, data subject rights and retention periods, among other things. When there is
is a joint processing responsibility, the Parties shall make further agreements on
among other things, the exercise of data subjects’ rights and the obligation to provide information. This
agreements are established in a mutual arrangement.
18.5. The Hirer is responsible for only providing personal data to the Agency
provided or requested from it, if and to the extent that the Borrower is entitled under the AVG to
provide or request them.
18.6. The Hirer shall indemnify the Agency against all claims by candidates,
Temporary Workers or other third parties against the Agency in connection with a violation
by the Borrower of the AVG and reimburse the related costs incurred by the
Temporary Employment Agency are made.
18.7. To the extent that the Employee is a foreign national subject to employment authorization, the
Agency to the extent legally possible of course, supervise or arrange for
lawful employment. In doing so, the Agency relies on the information provided by the Recipient
provided.
18.8. The Borrower must keep strictly within the restrictions of the permit (employer, location
of employment, period of validity, position).
18.9. On the day the permit expires and a new permit is not (yet) available, it ends
by operation of law the Temporary Employment Agreement and the Agency does not imputably fail
towards the Hirer, nor shall the Agency be liable for any damage caused
the Borrower suffers.
18.10. The Borrower is aware of the provisions of Article 15 Wav. The Borrower is obliged to verify the identity
of the Temporary Worker and to establish the aforementioned documents for at least five
years in its records.
18.11. The Borrower is aware that he/she is an employer within the meaning of the Wav and, therefore, at
detection of violations of provisions of the Wav will be fined pursuant to the
Wav. Except in the event of intent or deliberate recklessness on the part of the Agency, the Recipient shall pay all
fines imposed on the Agency and any other damages incurred by the
Agency suffers compensation (including actual costs incurred for
legal assistance) and, in such event, the Hirer, the Agency shall fully
indemnify.
18.12. The Hirer shall at all times indemnify the Agency for penalties imposed on and
claims against the Agency for failure by the Hirer to perform the obligations set forth in this
article mentioned obligations.
Article 19. Company car and company closure
19.1. If the Hirer intends to provide the Temporary Worker with a car, the Hirer shall communicate
notify the Agency forthwith. Only in consultation with the
Agency, the Hirer agrees with the Temporary Worker that the car may be driven privately
be made so that the Agency can take it into account in payroll taxes. If the
Inlener fails to do so, he is obliged to pay the resulting damage, costs and (tax) consequences.
Compensate that the Agency suffers.
19.2. The Hirer shall inform the Agency upon entering into the Hiring Agreement
regarding any company closures and collectively required days off during the term of
the Hiring Agreement, in order for the Agency to make such circumstance, if possible, part
may make it a part of the Temporary Employment Contract with the Temporary Worker. If an intention to
determination of a company closure and/or collectively required days off becomes known after the
entering into the Hiring Agreement, the Hirer, the Agency shall immediately after the
become aware thereof. If the Hirer fails to notify the Agency in a timely manner
inform, the Borrower is bound for the duration of the business closure to the
Agency to pay the Borrower’s Rate over the amount due under the Assignment Agreement and
these general conditions applicable or usual number of hours and overtime per period.
CHAPTER 3. FINAL PROVISIONS
Article 20. Applicable law and competent court
20.1. To these terms and conditions, assignments, Subcontract and/or other agreements
is exclusively governed by Dutch law.
20.2. All disputes arising from or related to any legal relationship between the parties shall
be tried in the first instance exclusively by the court within the district in which
the Agency is located.
Article 21. Final Provisions
21.1. If any provision of these general terms and conditions is void or nullified, the remaining
provisions of these general terms and conditions shall remain in full force and effect, and the parties shall by mutual agreement
step in order to adopt new provisions to replace the invalid or nullified provisions
agree to the extent possible the purpose and intent of the void or voided
provision will be observed.
21.2. The Agency shall be entitled to exercise its rights and obligations under a
Hiring Agreement to be transferred to a third party. Unless otherwise agreed in writing, the
the Borrower shall not be permitted to exercise its rights and obligations under the
Hiring Agreement to be transferred to a third party.
