General terms and conditions

Article 1 Definitions

In these general terms and conditions, the following terms shall have the meanings ascribed to them:

1. Temporary Employment Agency: any natural or legal person who, based on assignments, makes temporary workers available to clients.
2. Temporary Worker: any natural person who has entered into a temporary employment contract as defined in Article 7:690 of the Dutch Civil Code with a temporary employment agency to perform work for a third party under the supervision and direction of that third party.
3. Assignment: the agreement between a client and the temporary employment agency on the basis of which a single temporary worker is made available by the temporary employment agency to the client, as referred to in paragraph 2 of this article, to perform work, against payment of the client rate.
4. Client: any natural or legal person who, in addition to the temporary employment agency, is a party to the assignment.
5. Provision of Services: the deployment of a temporary worker within the framework of an assignment.
6. Temporary Employment Clause: the written provision in the employment contract between the temporary employment agency and the temporary worker and/or in the collective labor agreement (CAO), stating that the employment contract ends automatically because the temporary placement of the temporary worker by the temporary employment agency to the client ends at the request of the client (Article 7:691 paragraph 2 Dutch Civil Code).
7. CAO: the Collective Labor Agreement for Temporary Workers, concluded between the General Association of Temporary Employment Agencies (ABU) on the one hand and the relevant employee organizations on the other hand.
8. Client Rate: the rate owed by the client to the temporary employment agency, excluding surcharges, expense allowances, and VAT. The rate is calculated per hour unless otherwise specified.
9. Equal Treatment: the equal treatment as defined in the CAO.

Article 2 Scope

1. These general terms and conditions apply to all assignments and other agreements between the temporary employment agency and the client, as well as to all legal acts aimed at the conclusion thereof, including offers, proposals, quotations, and price quotes.
2. Any purchasing or other conditions of the client are not applicable and are expressly rejected by the temporary employment agency.
3. Deviations from these general terms and conditions are only applicable if agreed upon in writing and apply exclusively to that assignment.

Article 3 The Assignment and Provision of Services

Assignment

1. The assignment is entered into for a definite or indefinite period.
2. The assignment for a definite period is an assignment that is entered into: either for a fixed period; or for a determinable period; or for a determinable period that does not exceed a fixed period.

The assignment for a definite period ends automatically by the expiration of the agreed period or because a pre-determined objectively determinable event occurs.

End of Assignment

3. The assignment for an indefinite period ends by written termination with due observance of a reasonable notice period.
4. Interim termination of the assignment for a definite period is not possible unless expressly agreed upon in writing. If interim termination is agreed upon, the termination must be done in writing with due observance of a reasonable notice period.
5. Each assignment ends immediately due to termination at the time one of the parties terminates the assignment because: the other party is in default; the other party is liquidated; the other party has been declared bankrupt or has applied for suspension of payments. If the temporary employment agency terminates due to one of these grounds, the conduct of the client, on which the termination is based, implies the request of the client to terminate the provision of services. This does not result in any liability of the temporary employment agency for the damage suffered by the client as a result. As a result of the termination, the claims of the temporary employment agency will become immediately due and payable.

End of Provision of Services

6. The end of the assignment means the end of the provision of services. Termination of the assignment by the client implies the client’s request to the temporary employment agency to terminate the ongoing provision of services on the date on which the assignment is legally terminated, or against which the assignment is legally dissolved.
7. If the temporary employment clause applies between the temporary worker and the temporary employment agency, the provision of services to the temporary worker at the request of the client ends when the temporary worker reports that he is unable to perform the work due to incapacity for work. If necessary, the client is deemed to have made this request. Upon request, the client will confirm this request in writing to the temporary employment agency.
8. The provision of services ends automatically if and when the temporary employment agency can no longer make the temporary worker available because the employment contract between the temporary employment agency and the temporary worker has ended, and this employment contract is not continued consecutively for the same client.

Article 4 Replacement and Availability

1. The temporary employment agency is at all times entitled to propose to the client a replacement for a temporary worker by another temporary worker while continuing the assignment, with a view to the business policy or personnel policy of the temporary employment agency, maintaining employment, or compliance with applicable laws and regulations, in particular the CAO and dismissal guidelines for the temporary employment sector. The client may only reject such a proposal for reasonable reasons and shall, if the client so requests, consult with the temporary employment agency.
2. The client is not permitted to enter into an employment contract with the temporary worker, with whom the temporary employment agency has entered into an assignment or who has been made available to the client within the framework of an assignment, for any form of work other than the work for which the temporary worker was made available. If this provision is violated, the client will owe the temporary employment agency, in addition to the rate, the client rate multiplied by the hourly number of hours worked by the temporary worker concerned, including overtime and surcharges, in the three months prior to the date on which the temporary worker entered into the employment contract, increased by 100% in addition to the statutory interest on the total amount, without further notice of default being required.
3. The temporary employment agency is always entitled to propose an alternative to the temporary worker who has been made available, without the client being able to refuse this alternative.
4. The temporary employment agency is entitled to temporarily suspend the provision of services or to terminate the assignment with immediate effect if there is a serious reason, such as theft, fraud, or other unlawful conduct on the part of the temporary worker.

Article 5 Rates and Payment

1. The client is obliged to pay the temporary employment agency the client rate agreed upon for the provision of services, including surcharges, expense allowances, and VAT.
2. The client is also obliged to reimburse the temporary employment agency for any costs incurred by the temporary employment agency for third parties engaged by it, such as education, training, and insurance.
3. The client is not entitled to set off the client rate against any claim that the client has against the temporary employment agency.
4. The client is obliged to pay the invoices of the temporary employment agency within 14 days of the invoice date, without any deduction, discount, or suspension.
5. If the client fails to pay the invoice on time, the client is in default by operation of law, and the client owes the temporary employment agency the statutory interest from the due date until the day of payment in full. If the client is in default, the client is also obliged to pay the extrajudicial collection costs to the temporary employment agency. These extrajudicial collection costs amount to 15% of the principal sum, with a minimum of €150.
6. If the temporary employment agency is of the opinion that the financial position or payment behavior of the client gives cause to do so, the temporary employment agency may demand that the client provides security in a form to be determined by the temporary employment agency, or that payment in advance is made. If the client refuses to provide the requested security or payment in advance, the temporary employment agency is entitled to suspend its obligations.

Article 6 Surcharges

1. The client is obliged to pay the surcharges stated in the agreement between the parties or otherwise agreed upon in writing.
2. The surcharges referred to in paragraph 1 of this article will be charged on the client rate and, unless agreed otherwise in writing, are calculated as follows: overtime: for work performed on weekdays between 6:00 PM and 7:00 AM, as well as all work performed on Saturdays and Sundays, a surcharge of 50% will be charged; shift work: for work performed in shifts, a surcharge will be charged in accordance with the applicable legal provisions; standby service: for standby service, a surcharge will be charged in accordance with the applicable legal provisions.
3. The client is obliged to inform the temporary employment agency in good time about overtime, shift work, and standby service.

Article 7 Working Hours

1. The working hours of the temporary worker are agreed upon in writing between the parties and are stated in the assignment.
2. If the client wishes to deviate from the agreed working hours, the client must inform the temporary employment agency in writing, stating the reasons.
3. If the client has informed the temporary employment agency in accordance with paragraph 2 of this article, the temporary employment agency will inform the temporary worker in writing of the changed working hours. If the temporary worker does not agree with the changed working hours, the temporary employment agency will consult with the client and the temporary worker. If no agreement is reached, the temporary employment agency may suspend the provision of services or terminate the assignment with immediate effect.
4. If the client has not informed the temporary employment agency in accordance with paragraph 2 of this article, the temporary employment agency will consult with the temporary worker. If no agreement is reached, the temporary employment agency may suspend the provision of services or terminate the assignment with immediate effect.
5. If the temporary worker refuses to work the changed working hours without good reason, the temporary employment agency may suspend the provision of services or terminate the assignment with immediate effect.

Article 8 Working Conditions

1. The client shall ensure that the workplace meets the legal and other relevant requirements for working conditions.
2. The client will inform the temporary employment agency in a timely manner about the desired qualifications and experience of the temporary worker, as well as the working conditions and hazards associated with the workplace.
3. The client will ensure that the temporary worker receives the necessary instructions and information about the working conditions and hazards associated with the workplace.
4. The client will ensure that the temporary worker can exercise the rights and powers conferred on him by or pursuant to the Working Conditions Act or other relevant legislation and regulations, in particular, the CAO.
5. The client shall inform the temporary employment agency in good time about the availability of personal protective equipment and other necessary facilities and equipment.

Article 9 Sick Leave and Incapacity for Work

1. In the event of incapacity for work, the temporary worker must report this to the client in accordance with the client’s absenteeism rules. If the temporary worker is unable to work, the temporary worker must report this to the temporary employment agency at the latest on the first working day of incapacity for work. If the temporary worker fails to do so, the temporary employment agency is not obliged to pay the wages to the temporary worker for the period before the temporary employment agency was informed.
2. The client is obliged to inform the temporary employment agency of the incapacity for work of the temporary worker in accordance with the agreement between the parties. If the client fails to do so, the client is obliged to pay the wages of the temporary worker during the incapacity for work, without prejudice to the temporary employment agency’s right to claim compensation for the damage suffered.
3. If the incapacity for work of the temporary worker is caused by a third party, the client is obliged to inform the temporary employment agency of this in writing. If the client fails to do so, the client is obliged to compensate the temporary employment agency for the damage suffered.
4. If the incapacity for work of the temporary worker is caused by the conduct of the client or the circumstances at the workplace, the client is obliged to compensate the temporary employment agency for the damage suffered.

Article 10 Good exercise of management and supervision

1. The client shall, in relation to the temporary worker, behave in the exercise of management and supervision, as well as in the execution of the work, in the same careful manner as he is obliged to do towards his own employees.
2. The client is not allowed to ‘sub-lend’ the temporary worker to a third party without permission; that is, to make the temporary worker available to a third party for the performance of work under the management and supervision of that third party. Third party also includes a (legal) person with whom the client is affiliated in a group (concern).
3. The client can only employ the temporary worker in deviation from what is stipulated in the assignment and conditions if the temporary employment agency and the temporary worker have agreed to this in writing beforehand.
4. The client may only employ the temporary worker abroad for a certain period under the conditions that the client has organized management and supervision and the employment has been agreed upon in writing with the temporary employment agency and the temporary worker.
5. The client shall compensate the temporary worker for the damage suffered by the temporary worker due to damage or destruction of a property belonging to him, which has been used in the context of the assigned tasks.
6. The client shall, as far as possible, adequately insure himself against liability under the provisions of this article. Upon request from the temporary employment agency, the client provides proof of insurance.

Article 11 Working Conditions

The client acknowledges that he is considered an employer under the Working Conditions Act.

1. The client is responsible towards the temporary worker and the temporary employment agency for complying with the obligations arising from Article 7:658 of the Civil Code, the Working Conditions Act, and related regulations concerning safety in the workplace and good working conditions in general.
2. The client is obligated to provide the temporary worker and the temporary employment agency with written information about the required professional qualifications and specific characteristics of the workplace at least one working day before the start of the work. The client actively informs the temporary worker about the Risk Inventory and Evaluation (RIE) used within his company.
3. In the event of a work accident or occupational disease involving the temporary worker, the client, if required by law, shall immediately inform the competent authorities and ensure that a written report is promptly drawn up. The report records the circumstances of the work accident or occupational disease in such a way that it can be reasonably determined whether and to what extent the work accident or occupational disease resulted from the fact that insufficient measures were taken to prevent the work accident or occupational disease. The client informs the temporary employment agency as soon as possible about the work accident or occupational disease and provides a copy of the prepared report.
4. The client shall compensate the temporary worker for all damages suffered by the temporary worker in the course of his work, if and to the extent that the client is liable under Article 7:658 and/or Article 7:611 and/or Article 6:162 of the Civil Code.
5. The client shall adequately insure himself against liability under the provisions of this article. Upon request from the temporary employment agency, the client provides proof of insurance.

Article 12 Client Rate

1. The client’s fee payable to the temporary employment agency is calculated based on the hours worked by the temporary worker and/or (if this number is higher) the hours to which the temporary employment agency is entitled according to the general terms and conditions, assignments, and/or other agreements. The client’s fee is multiplied by the surcharges and increased by the cost reimbursements owed by the temporary employment agency to the temporary worker. VAT is charged on the client’s fee, surcharges, and cost reimbursements. The applicable client rate is confirmed in the order confirmation.
2. If, at any time, in accordance with Article 9 of these general terms and conditions, the hirer’s remuneration must be applied, the temporary employment agency adjusts the remuneration of the temporary worker and the client’s fee (again) based on the information provided by the client regarding job classification and hirer’s remuneration. All elements of the hirer’s remuneration applicable to the client are included in the remuneration and the client’s fee.
3. In addition to the case mentioned in paragraph 2 of this article, the temporary employment agency is also entitled to adjust the client’s fee during the term of the assignment if the costs of temporary labor increase:

– due to changes in the collective labor agreement (CAO) or the wages regulated therein or changes in the applicable CAO and/or employment conditions regulation or the wages regulated therein at the client’s premises;

– due to changes in or as a result of laws and regulations, including changes in or as a result of social and fiscal laws and regulations, the CAO, or any binding regulation;

– due to a (periodic) wage increase and/or a (one-time) mandatory payment resulting from the CAO, the applicable collective labor agreement and/or employment conditions regulation and/or laws and regulations.

4. If, in violation of paragraphs 2 and 3 of this article, the client does not agree to payment of the adjusted client rate, this implies the client’s request to terminate the secondment.
5. Any adjustment of the client rate is communicated to the client as soon as possible and confirmed in writing to the client.
6. If, for any reason attributable to the client, the remuneration is determined too low, the temporary employment agency is entitled to retrospectively determine the remuneration and adjust the client’s fee accordingly and charge it retroactively. The temporary employment agency can also charge the client for the amount that the client has paid too little and the costs incurred by the temporary employment agency as a result.
7. The temporary employment agency may agree with the client that a transitional payment to be paid is charged to the client if the client is informed in a timely manner that due to the duration of the secondment, the temporary worker is entitled to a transitional payment.
8. A rate of 150% is charged on nationally recognized holidays.
9. For each assignment, the client is obliged to pay the client’s fee for at least 3 hours.

Article 14 Invoicing

1. Invoicing takes place based on the agreed method of time recording with due regard to these general terms and conditions, assignments, and/or other agreements.
2. If no method of time recording is agreed upon, time recording is done through declaration forms approved in writing by the client. The client and the temporary employment agency may agree that time recording is done through a time registration system, an electronic and/or automation system, or through overviews prepared by or for the client.
3. The client ensures accurate and complete time recording and is obliged to check or have checked that the data of the temporary worker contained therein are correct and truthful, such as: the name of the temporary worker, the number of hours worked, overtime, irregular hours, and shift hours, the other hours for which the client is liable for the client’s fee under these general terms and conditions, assignments, and/or other agreements, any surcharges, and any actual costs incurred.
4. If the client provides the time recording, he ensures that the temporary employment agency has the time recording immediately after the week worked by the temporary worker. The client is responsible for how the time recording is provided to the temporary employment agency.
5. Before providing the time recording, the client gives the temporary worker the opportunity to check the time recording. To the extent that the