Terms and Conditions

ARTICLE 1

DEFINITIONS

In these general terms and conditions, the following definitions shall apply:

Company: the natural or legal person who supplies labor to a hirer for the purpose of performing work under its supervision and management, other than under a labor contract concluded with it.

Labor force: the natural person who performs or will perform work in the service of the company for and under the supervision and direction of the hirer.

Borrower: the natural or legal person to whom workers are made available by the company for the performance of work under its supervision and management, other than under a labor contract concluded with the hirer.

Contracting Agreement: the agreement between the company and the hirer that sets forth the specific conditions under which a worker is made available to perform work for, and under the supervision and direction of, the hirer.

Borrower rate: The amount per unit of time owed by the hirer to the company for the provision of labor. It includes the cost of labor including labor costs, payroll taxes and social contributions, as well as a margin for the company's services.

Temporary Contract: the employment contract under which the worker is made available by the enterprise to the hirer to perform work under a hiring contract concluded by the latter with the enterprise, for and under the supervision and direction of that hirer.

Payroll Agreement: the payroll contract is the temporary employment contract, where the hiring contract between the company and the hirer has not been established in the context of bringing together supply and demand in the labor market and where the company is authorized to make the worker available to another only with the consent of the hirer.

Employment agency: Any natural or legal person who assists a client, a job seeker, or both, in the search for labor or employment, respectively, with the aim of establishing a direct contractual employment relationship between the client and the job seeker.

Client: Any natural or legal person using the services of an employment agency.

Employment Agreement: the agreement between an employment agency and a client and/or a job seeker to provide the services mentioned in paragraph 8.

NBBU collective bargaining agreement: The NBBU Collective Agreement for Temporary Workers that applies to companies affiliated as members of the Dutch Association of Intermediary and Temporary Employment Agencies (NBBU).

Wherever in these general terms and conditions reference is made to laborers, it means male and female laborers and where reference is made to him and/or him, it means him/her or him/her.

ARTICLE 2

APPLICABILITY OF THESE TERMS

  • These terms and conditions apply to every offer by the company to, and every hiring agreement between, the company and the hirer to which the company has declared these terms and conditions applicable, as well as to the resulting supplies and services of any kind between the company and the hirer, insofar as these terms and conditions have not been expressly deviated from by the parties in writing.
  • The hirer with whom these terms and conditions have once been contracted shall be deemed to have tacitly agreed to their applicability to a subsequent hiring contract concluded with the company.
  • All offers, regardless of how they are made, are without obligation.
  • The company is not bound by general terms and conditions of the hirer insofar as they differ from these terms and conditions.
  • These general terms and conditions may be amended or supplemented at any time. The amended general terms and conditions shall then also apply in respect of hiring agreements already concluded, subject to a period of one month after written notification of the amendment.

ARTICLE 3

ESTABLISHMENT OF THE HIRING AGREEMENT

  • The hiring contract is established by written acceptance from the hirer or by the company actually making labor available to the hirer. 
  • The specific conditions under which the worker is made available to the hirer by the company are included in the hiring contract.
  • An amendment or addition to the hiring agreement shall not take effect until it has been confirmed in writing by the company.

ARTICLE 4

METHOD OF INVOICING

  • Unless otherwise agreed, the company's invoices are based on the time sheet completed and approved by the hirer, the hirer's rate and any additional surcharges and (expenses).
  • The hirer is responsible for the correct, timely and complete completion and approval of the time sheet. Approval takes place via (digital) signing of the time sheet, unless otherwise agreed. The hirer is liable for any damage suffered by the company if the hirer fails to properly fulfil the obligations in this paragraph, including but not limited to the administrative fine pursuant to article 18b paragraph 2 of the Minimum Wage and Minimum Holiday Allowance Act. The hirer will fully compensate the company in this respect.
  • In the event of a discrepancy between the time sheet submitted to the company and its data retained by the hirer, the time sheet submitted to the company shall be deemed correct unless the hirer proves otherwise.
  • If the worker disputes the timekeeping records, the company may invoice the number of hours worked and other expenses according to the worker's statement, unless the hirer proves that the timekeeping records used by the hirer are correct.
  • If the hirer does not comply with the provisions of paragraph 2 of this article, the company may decide to invoice the hirer on the basis of the facts and circumstances known to it. The company will not do so until there has been reasonable consultation with the hirer in this regard.
  • The hirer shall ensure that the company's invoices are paid without any deduction, discount or setoff within 14 days from the invoice date.
  • If the company has a G account, the hirer may request the company to enter into consultation regarding the possibility of the hirer depositing a percentage of the invoiced amount into the relevant account, as well as the amount of the percentage. Only if agreement is reached can the aforementioned possibility be used.
  • At the company's first request, the hirer will provide a written authorization to the company to debit invoice amounts from the hirer's bank account by direct debit within the agreed period. The parties will use a SEPA authorization form for this purpose.

ARTICLE 5

PAYMENT TERMS

  • Only direct payments to the company work in liberation for the hirer.
  • Direct payment, or provision of advances by the hirer to the laborer, shall not be permitted, regardless of the reason or manner in which it is made. Such payments and provisions shall not affect the company and shall not provide grounds for any debt repayment or set-off.
  • If the hirer disputes an invoice, the hirer shall notify the company in writing within eight days of the date of dispatch of the relevant invoice, on pain of forfeiting the right to dispute. A dispute of the invoice does not suspend the hirer's payment obligation.
  • In the event of non-payment, late payment or incomplete payment by the user company of any amount owed by it, the user company shall be in default by operation of law from the due date of the relevant invoice. From that moment, the hirer shall also owe default interest equal to the statutory commercial interest pursuant to Section 6:119a of the Dutch Civil Code on the invoice amount to the company.
  • All costs, both in and out of court, including the costs of legal assistance, incurred by the company as a result of the hirer's failure to fulfill its payment obligations shall be borne by the hirer. The extrajudicial collection costs of the company, to be calculated on the amount to be collected, with a minimum of € 500.00, shall be set at a minimum of 15% of the principal sum.
  • If the financial position and/or payment record of the hirer gives cause to do so - in the opinion of the company - the hirer is obliged to do so upon the first written request of the company:
  1. Provide a direct debit authorization as referred to in Article 4 paragraph 8 of these terms and conditions; and/or
  2. Provide an advance payment; and/or
  3. Provide adequate security for the fulfillment of obligations to the company, through, for example, a bank guarantee or pledge.
    • The size of the requested security and/or advance payment shall be proportional to the size of the relevant obligation of the hirer.
    • If the hirer fails to comply with a request from the company as referred to in the previous paragraph, or if a collection fails, the hirer shall be in default by operation of law without notice of default being required. If the hirer is in default, the company shall be entitled to suspend the performance of its obligations under the hiring agreement or to immediately terminate all or part of the hiring agreement, without the company being liable to pay any compensation to the hirer. All claims of the company shall become immediately due and payable as a result of the termination.

ARTICLE 6

DESCRIPTION

  • If a party fails to fulfill its obligations under the hiring agreement, the other party shall be entitled - in addition to what is provided in the hiring agreement - to dissolve the hiring agreement in whole or in part out of court by registered letter. The dissolution will only take place after the defaulting party has been given written notice of default and has been offered a reasonable period to remedy the default, and compliance has not been forthcoming.
  • Furthermore, without any demand or notice of default being required, one party shall be entitled to terminate the hiring agreement out of court, in whole or in part, with immediate effect, by registered letter if:
  1. The other party applies for (provisional) suspension of payment or is granted (provisional) suspension of payment;
  2. The other party files for its own bankruptcy or is declared bankrupt;
  3. The other party's company is liquidated;
  4. The other party ceases its current business;
  5. through no fault of one party, a substantial part of the assets of the other party are seized, or if the other party must otherwise be deemed unable to fulfill the obligations under the hiring agreement.
    • If, at the time of dissolution, the hirer had already received services in performance of the hiring contract, it may only partially dissolve the hiring contract and only for that part, which has not yet been performed by or on behalf of the company.
    • Amounts that the company has invoiced to the hirer prior to the dissolution in connection with what it has already performed in performance of the hiring agreement shall continue to be owed to it by the hirer in full and shall become immediately due and payable at the time of dissolution.

ARTICLE 7

LIABILITY

  • Subject to provisions of mandatory law, as well as with due observance of the general standards of reasonableness and fairness, the company is not obliged to pay any compensation for damage of any kind whatsoever, direct or indirect, caused to the worker, the hirer or to goods or persons at or of the hirer or a third party, in connection with a hiring agreement, including damage caused as a result of
  1. The posting of the laborer by the company to the hirer, even if it turns out that such laborer does not meet the requirements imposed on him by the hirer.
  2. Unilateral termination of the agency, or payroll agreement by the worker.
  3. Acts or omissions of the laborer, the hirer itself or a third party, including entering into commitments by the laborer.
  4. The on-lending by the hirer of the laborer without the company's written consent.
    • In any event, any liability of the Company for any direct damages shall be limited, per occurrence, to:
  5. The amount paid out by the company's insurance, then;
  6. If the company is not insured for the damage in question or the insurance does not pay (in full), the amount billed by the company. If the amount billed depends on a time factor, liability is limited to the amount billed to the hirer by the company in the month preceding the claim. In the absence of a preceding month, what the company would charge or has charged the hirer under the hiring agreement in the month in which the loss-causing event occurred shall be decisive.
    • For consequential damages such as lost profits and lost savings and for indirect damages, the company is never liable.
    • The hirer is obliged to ensure adequate, total coverage liability insurance for all direct and indirect damages referred to in paragraph 1 of this article.
    • In any case, the hirer must indemnify the company against any claims by the laborer or third parties, for compensation for damages as referred to in paragraph 1 of this article suffered by such laborer or third parties.
    • The limitations of liability contained in paragraphs 1 and 2 of this article shall cease to apply in the event of intent or gross negligence on the part of the company and/or its managerial staff.
    • The company has at all times the right, if and to the extent possible, to undo any damage caused by the hirer. This includes the right of the company to take measures to prevent or limit any damage.

ARTICLE 8

OVERVIEW

  • In the event of force majeure on the part of the company, its obligations under the hiring agreement will be suspended for as long as the force majeure situation continues. Force majeure means any circumstance independent of the will of the company, which permanently or temporarily prevents the fulfillment of the hiring agreement and which should not be at its risk by virtue of the law or by the standards of reasonableness and fairness.
  • As soon as a force majeure situation occurs at the company as referred to in paragraph 1 of this article, it will notify the hirer.
  • Insofar as not already included therein, force majeure shall also include: strike, occupation, blockades, embargo, government measures, war, revolution and/or any condition equivalent thereto, power failures, failures in electronic communication lines, fire, explosion and other calamities, water damage, flood, earthquake and other natural disasters, as well as extensive illness of epidemiological nature of personnel.
  • As long as the force majeure condition continues, the company's obligations will be suspended. However, this suspension will not apply to obligations that are not affected by the force majeure and have already arisen prior to the occurrence of the force majeure condition.
  • If the force majeure situation has lasted three months, or as soon as it is established that the force majeure situation will last longer than three months, each of the parties is entitled to terminate the hiring agreement prematurely without observing any notice period. Even after such termination of the hiring agreement, the hirer shall be obliged to pay to the company the fees owed by it to the company, which relate to the period prior to the force majeure situation.
  • During the force majeure condition, the company shall not be obliged to compensate any damage from or to the hirer, nor shall it be obliged to do so after termination of the hiring agreement as referred to in paragraph 5 of this article.

ARTICLE 9

WITHDRAWAL

  • The company and the hirer will not provide any confidential information of or about the other party, its activities and relations, which has come to their knowledge as a result of an offer or hiring agreement, to third parties. This unless - and then insofar as - the provision of that information is necessary for the proper performance of the hiring agreement or they are under a legal obligation to disclose.
  • At the request of the hirer, the company will oblige the laborer to maintain secrecy regarding all that becomes known or sensed by him in the performance of the work, unless the laborer is under a legal duty to disclose.
  • The hirer is free to impose confidentiality on the worker directly. The hirer shall inform the company of its intention to do so and provide a copy of what is recorded in this regard to the company.
  • The company shall not be liable for any fine, penalty or any damages incurred by the hirer as a result of breach of confidentiality by the worker.

ARTICLE 10

APPLICABLE LAW AND COMPETENT COURT

  • These general terms and conditions, assignments, hiring agreements and/or other agreements are governed by Dutch law.
  • All disputes arising from or related to a legal relationship between the parties shall be tried in the first instance exclusively by the court within the district in which the company is located, unless otherwise required by mandatory law.

ARTICLE 11

FINAL PROVISIONS

  • If any provision of these terms and conditions is void or is annulled, the other provisions of these terms and conditions shall remain in full force and the parties shall consult in order to agree new provisions to replace the void or annulled provisions, taking into account as far as possible the purpose and purport of the void or annulled provision.
  • The company is entitled to transfer its rights and obligations under a hiring agreement to a third party. Unless otherwise agreed in writing, the hirer is not permitted to transfer its rights and obligations under the hiring agreement to a third party.

ARTICLE 12

PROVISION OF LABOR

  • The worker actually works under the supervision and direction of the hirer. In doing so, the hirer observes the same care as towards its own employees. As a formal employer, the company has no oversight of the workplace and the work to be performed, based on which the hirer must ensure a safe working environment.
  • The posted worker has entered into a temporary employment contract with the company pursuant to Section 7:690 of the Netherlands Civil Code or a payroll contract pursuant to Section 7:692 of the Netherlands Civil Code. The hiring agreement between company and hirer is decisive for this: if the company does not have an allocative function within the scope of the assignment (does not do any recruitment and selection) and there is an exclusive placement with the hirer, then it is a payroll agreement. If there is none of the above, then it is a temporary employment contract.
  • If the company and the worker have entered into a temporary employment contract, chapter 2A of these general terms and conditions shall apply to the legal relationship between the company and the hirer. If the company and the worker have entered into a payroll agreement, chapter 2B of these general terms and conditions shall apply to the legal relationship between the company and the hirer.
  • The hirer shall not, without the written consent of the company, lend the worker hired by it to a third party to work under the latter's supervision and management or to perform work abroad. A violation of this paragraph will result in the company being entitled to immediately terminate the posting of the worker and/or the hiring agreement, as well as to charge the hirer for all resulting or related damages. The hirer shall then indemnify the company in full.

ARTICLE 13

CONTENT, DURATION AND END OF THE POSTING OF THE LABOR FORCE(S)

  • The specific conditions under which the labor force is made available to the hirer shall be included in the hiring contract. The posting of the labor force to the hirer is entered into for a definite period (the beginning and end of the posting are objectively determinable) or for an indefinite period (the end of the posting is not objectively determinable).
  • The hirer informs the company of the intended duration, (weekly or at least monthly) work scope and times of each posting, on the basis of which the company can determine the nature and duration of the temporary, or payroll agreement with the worker.
  • If, after the laborer has appeared at the work site, the hirer makes use of the laborer's supply of labor for less than three hours, the hirer is obligated to pay the hiring rate for at least three hours per call if:
  1. A scope of work of less than 15 hours per week has been agreed upon and working hours are not fixed; or
  2. Sprake is an on-call agreement pursuant to Section 7:628a of the Civil Code.
    • If a worker has already been called up but cannot perform the work or the working hours are adjusted on account of special circumstances on the part of the hirer, the hirer shall notify the company thereof at least four days prior to the time that the work would commence. If the hirer fails to do so and the worker has a call-out agreement pursuant to Section 7:628a of the Dutch Civil Code, the hirer shall owe the hirer's rate for the number of hours related to the original call-out including the working hours.
    • If the laborer has an on-call contract pursuant to Article 7:628a of the Dutch Civil Code, the company is obliged to make the laborer an offer after twelve months for a fixed scope of work including the continued payment of wages obligation, whereby the fixed scope of work is at least equal to the average scope of work in the preceding twelve-month period. If the offer is accepted by the labor force, the hiring rate will be calculated on the fixed labor scope and not on the actual number of hours worked.
    • The hiring contract cannot be terminated as long as labor is provided to the hirer.
    • The temporary assignment as referred to in Article 13.1 cannot be terminated prematurely. If the hirer nevertheless so wishes, the placement may only be terminated prematurely on condition that the payment obligations associated with the placement continue until the expiry of the agreed duration of the placement. The company shall then be entitled to (continue to) charge the user company the user fee for the agreed duration of the placement, in accordance with the customary or expected work pattern of the worker, unless the company and the user company have made other agreements in this respect in writing.
    • Company and hirer shall agree in the hiring contract on the notice period for the indefinite posting referred to in Article 13.1. The continued payment of wages owed to the worker by the company will be taken into account. If no notice period is agreed upon, the notice period as referred to in article 21.6 or 24.6 of the general terms and conditions shall apply.
    • If the hirer, without the knowledge of the company, has played a role in the allocation process or the recruitment and selection of the labor force, by virtue of which the temporary employment contract converts into a payroll agreement, the user rate will be reset with retroactive effect in accordance with Article 24. The hirer shall then be obliged to continue to pay the hiring rate for the duration of the payroll agreement, as agreed between company and labor force. The hirer may offer the laborer an employment contract in order to terminate the continuing payment obligation. In the event of a desired end of the posting, the company will make every effort to terminate the payroll agreement, or to redeploy the worker, in which case all additional costs will be passed on to the hirer.
    • In connection with its obligation to give notice to the temporary worker under a fixed-term temporary employment contract or payroll contract, the company may ask the hirer at least five weeks before the end of the temporary employment contract or payroll contract to indicate whether it wishes to continue the posting. The hirer is then obliged to indicate within three days whether it wishes to continue the posting. Failure to inform the company in good time or incorrectly shall result in the hirer having to reimburse the company in full for the costs associated with the worker's remuneration pursuant to Section 7:668(3) of the Dutch Civil Code.
    • If the reason for termination is due to a dispute with the worker, or a conflict situation, the hirer must notify the company in a timely manner. The company will then investigate whether the dispute or conflict situation can be resolved.
    • If a company closure or mandatory day off occurs during the deployment, the hirer shall inform the company of this when entering into the hiring agreement, so that the company can take it into account when determining the terms of employment. If the hirer fails to do so, it will owe the company the number of hours as agreed in the hiring contract, multiplied by the most recently applicable hiring rate, for the duration of the company closure or mandatory day off.

ARTICLE 14

INFORMATION OBLIGATION OF HIRER

  • The hirer shall provide the company with timely, accurate and complete information on the terms and conditions of employment as referred to in Article 21 or 24 of the General Terms and Conditions ex Article 12a of the Wet allocatie arbeidskrachten door intermediairs (Law on the allocation of labor forces by intermediaries), so that the company can determine the worker's wage. The hirer shall use the employment conditions document provided to it by the company for this purpose.
  • The company is entitled to retroactively correct and charge the hiring rate to the hirer if it appears that the hirer has incorrectly informed the company about (one of) the terms and conditions of employment referred to in paragraph 1.
  • If the hirer intends to provide the worker with a car, the hirer shall notify the company immediately. Only in consultation with the company will the hirer agree with the worker that the car may be driven privately, so that the company can take this into account in the payroll tax. If the hirer fails to do so, he will be obliged to compensate the company for the resulting damage, costs and (tax) consequences.

ARTICLE 15

THE CIVIL CHAIN LIABILITY FOR WAGES

  • In addition to the company, the hirer, pursuant to Article 7:616a of the Civil Code, is jointly and severally liable to the worker for the payment of the wages owed to the worker, unless the hirer qualifies as non-accountable regarding any underpayment.
  • The hirer, for the purpose of demonstrating its non-repudiation, must in any case provide the company with timely, accurate and complete information regarding the conditions of employment as referred to in Article 21 or 24 of the General Terms and Conditions.
  • The company is obliged to the hirer to remunerate the worker in accordance with applicable laws and regulations.

ARTICLE 16

ENTERING INTO (DIRECT) EMPLOYMENT RELATIONSHIP BY HIRER WITH THE WORKER

  • If the hirer wishes to enter into an employment contract or other type of employment relationship directly with a worker supplied or to be supplied to it by the company, it shall notify the company immediately in writing. The parties shall then consult to discuss the hirer's wishes. As a starting point, the hirer shall owe the company a reasonable fee for the services provided by the company in connection with the posting, recruitment and/or training of the worker, in accordance with the provisions of article 9a, paragraph 2 of the Dutch Intermediaries (Employment Allocation Act).
  • Other type of employment relationship as referred to in this article includes:
  1. The assignment agreement;
  2. Contracting work;
  3. Having the worker made available to the hirer by a third party (for example, another company) for the same or different work.
    • The hirer does not directly enter into an employment contract with the worker if the worker has not validly terminated the temporary employment contract with the company.
    • The hirer is prohibited from inducing workers to enter into an employment contract or other type of employment relationship with another company with the intention of hiring the workers through that other company.

ARTICLE 17

DUTY OF CARE OF HIRER AND INDEMNITY TO COMPANY

  • The hirer is aware that under Article 7: 658 of the Dutch Civil Code and the applicable health and safety legislation, it has the obligation to ensure a safe workplace for the labor force. The hirer provides the laborer with concrete instructions to prevent the laborer from suffering damage in the performance of his work. The hirer also provides the laborer with personal protective equipment to the extent necessary and other required job-related aids as is provided to the hirer's own personnel. If the supplies are provided by the company, the company is entitled to charge the hirer for the related costs.
  • Before the posting starts, the hirer shall provide the worker and the company with the necessary information on the required professional qualification of the worker, as well as the Risk Inventory and Evaluation (RI&E), containing the specific characteristics of the job to be filled. The worker must be given sufficient opportunity to familiarise himself with its contents before starting work.
  • The hirer shall be liable to the laborer and company for, and consequently liable to compensate, the damage suffered by the laborer in the performance of his work, unless the damage is to a significant extent the result of intent or conscious recklessness on the part of the laborer, all subject to the provisions of Article 7.
  • If, in the performance of his work, the laborer has suffered such injury that death results therefrom, the hirer shall, in accordance with Section 6:108 of the Dutch Civil Code, be liable to the persons referred to in that section and to the company for compensation of the damage to the said persons, unless the damage is to a significant extent the result of intent or deliberate recklessness on the part of the laborer, all with due observance of the provisions of Section 7.
  • The hirer shall indemnify the company in full against any claims made against the company on account of non-compliance by the hirer with the obligations referred to in this article and shall reimburse the company in full for the costs of legal assistance in connection therewith. The hirer grants the company the authority to assign its claims referred to in this article to the party or parties directly concerned.
  • The hirer is obliged to ensure adequate, total coverage liability insurance for all direct and indirect damages referred to in this article.

ARTICLE 18

IDENTIFICATION AND PERSONAL DATA

  • Under the Compulsory Identification Act, the hirer is obliged to establish a worker's identity on the basis of the original identity document upon commencement of the posting of a worker. The hirer shall set up its administration in such a way that the identity of the worker can be proven.
  • The company and the hirer shall treat all personal data of workers provided to them in the context of the posting as confidential and process them in accordance with the provisions of the General Data Protection Regulation (GDPR) and other relevant privacy legislation.
  • Depending on the responsibilities and working method, the parties will make agreements in accordance with the AVG and related privacy legislation concerning data leaks, the rights of data subjects and retention periods. If there is joint processing responsibility, the company and user company will make further agreements on such matters as the exercise of the rights of data subjects and the obligation to provide information. These agreements are laid down in a mutual arrangement.
  • The hirer is responsible for providing or requesting personal data from the company only if and to the extent that the hirer is entitled to provide or request them under the AVG.
  • The hirer shall indemnify the company against all claims by candidates, employees, employees of the hirer or other third parties against the company, in connection with a violation by the hirer of the AVG and other privacy laws and shall reimburse the related costs incurred by the company.

ARTICLE 19

APPLICABILITY OF GENERAL PROVISIONS

The provisions of Chapters 1 and 2 of these general terms and conditions apply to the posting of workers with a temporary employment contract within the meaning of Article 7:690 of the Dutch Civil Code, as named in Article 12.

ARTICLE 20

SELECTION OF WORKERS

  • The laborer is selected by the company on the one hand based on his qualities and skills and on the other hand based on the job requirements provided by the hirer.
  • Non-functional requirements that furthermore (may) lead to (in)direct discrimination, among others related to race, religion, gender and/or disability, cannot be set by the hirer. In any case, these requirements will not be honored by the company, unless they are made in the context of a target group policy that is permitted by law, in order to promote equal employment participation.
  • The hirer is entitled, if a worker does not meet the job requirements set by the hirer, to notify the company within 4 hours of commencement of the work. In that case, the hirer is obliged to pay the company at least the wage owed to the worker, plus the employer's share of social security contributions and premiums and obligations arising from the NBBU collective labor agreement.
  • The company may provide the labor force to multiple hirers.
  • During the term of the hiring agreement, the company is entitled to make a proposal to replace the laborer, for example if the laborer is no longer able to perform the work, or in connection with a reorganization or redeployment obligation to be implemented. The hiring rate will then be reset.

ARTICLE 21

THE HIRING RATE WHEN SENDING OUT

  • The hirer owes the company the hirer's rate for the supply of the worker, unless otherwise agreed.
  • The hiring rate is in direct proportion to the terms of employment owed by the company to the worker. According to the NBBU Collective Labor Agreement for Temporary Workers, the posted worker is entitled to equivalent remuneration as applies to the employee employed by the hirer with an equal (worthy) position.
  • The equivalent remuneration shall be determined prior to the posting, and if necessary during the posting. The hirer shall inform the company as referred to in Article 14 paragraph 1 of these general terms and conditions.
  • If the laborer is not classifiable in the job structure at the hirer, the compensation of the laborer is determined on the basis of discussions held by the company with the laborer and hirer. This includes consideration of the required capabilities that the filling of the position entails, responsibilities, experience and level of education.
  • Rate changes as a result of changed employment conditions at the hirer, collective bargaining obligations and changes in or as a result of laws and regulations such as tax and social laws and regulations, will be passed on to the hirer as of the time of those changes and will be owed by the hirer accordingly, even if those changes occur during the term of a hiring agreement.
  • If there is a posting for an indefinite period as referred to in Article 13.1 and the parties have not agreed on the notice period, a notice period of at least ten calendar days shall apply, unless the worker has a temporary employment contract for a definite or indefinite period, in which case a notice period of one month and three months respectively shall apply.

ARTICLE 22

APPLICABILITY OF GENERAL PROVISIONS

The provisions of Chapters 1 and 2 of these General Terms and Conditions shall apply to the posting of workers with a payroll contract within the meaning of Article 7:692 of the Dutch Civil Code, as named in Article 12.

ARTICLE 23

INFORMATION OBLIGATION OF HIRER IN PAYROLLING

If there is successive employership, the hirer shall correctly and fully inform the company about the laborer's employment history with the hirer. If the hirer fails to do so, the resulting unforeseen costs and possible damages will be passed on to the hirer.

 ARTICLE 24

THE HIRING RATE IN PAYROLLING

  • The hirer shall owe the company the user rate for the supply of the worker, unless otherwise agreed. The user rate is in direct proportion to the wages owed to the worker.
  • According to Article 8a of the Wet allocatie arbeidskrachten door intermediairs, the worker is entitled to at least the same terms and conditions of employment as apply to employees employed by the hirer, working in equal or equivalent positions. Notwithstanding this, an adequate pension plan may apply.
  • Prior to the commencement of the posting, the hirer shall inform the company in writing of the collective agreement or remuneration scheme that applies in its company, the legal status scheme contained therein, the pension scheme and furthermore all (interim changes to the) terms and conditions of employment under this collective agreement or remuneration scheme that are relevant to the posting such as: wages, overtime, sick pay and leave arrangements.
  • Rate changes as a result of changed conditions of employment, collective bargaining obligations and changes in or as a result of laws and regulations such as tax and social laws and regulations, shall be passed on to the hirer as of the time of such changes and shall be payable by the hirer accordingly, even if such changes occur during the term of a hiring agreement.
  • If a laborer does not meet the job requirements set by the hirer and the hirer did not play a role in the allocation process (the recruitment and selection) of the laborer, the hirer has the right to notify the company within 4 hours after the commencement of work. In that case, the hirer is obliged to pay the company at least the wage due to the worker, plus the employer's share of social security contributions and premiums and obligations arising from the applicable collective bargaining agreement/reward rule.
  • If there is a posting for an indefinite period of time as meant in article 13.1 and parties did not agree on a notice period, the payment obligations of the hirer related to the posting will continue until the termination of the payroll contract between payroll company and payroll employee. The payroll company will then be entitled to (continue to) charge the hirer the user fee in accordance with the usual or expected work pattern of the payroll employee.

ARTICLE 25

APPLICABILITY OF GENERAL PROVISIONS

The scope of the provisions contained in Chapter 1 of these General Terms and Conditions, more specifically Articles 1, 2, 3, 4.6, 5 to 11 and Article 18, shall apply mutatis mutandis to the employment placement agreement between the employment placement company and the client.

ARTICLE 26

REMUNERATION AND CONTENT OF THE EMPLOYMENT CONTRACT

  • The fee payable by the client to the job placement company may consist of either a pre-agreed fixed amount or a pre-agreed percentage of the full-time gross annual salary offered to the job seeker plus vacation allowance.
  • Unless otherwise agreed in writing, the fee referred to in paragraph 1 of this article shall be due only if the job placement has resulted in an employment contract or other type of employment relationship as referred to in article 16 paragraph 2 with a job-seeker selected by the job placement agency. The fee shall also be due if the job-seeker selected by the job placement agency is going to perform work for the client in some other way, for example by being made available.
  • The specific conditions under which the job placement company performs the job placement are included in the job placement contract.
  • Any pro memoria items will be charged on an after-the-fact basis.

ARTICLE 27

ESTABLISHMENT OF EMPLOYMENT RELATIONSHIP BY CLIENT WITH THE JOB SEEKER

If, during the term of the job placement order or within six months of its termination, the client itself (still) enters into an employment contract or cooperation as mentioned in Article 16 paragraph 2) with a job seeker selected by the job placement company, it shall immediately owe the job placement company the agreed fee.