General conditions for the
provision of temporary workers as of 01-01-2023
Introduction and commentary
To specifically supplement from the applicable articles.
The general terms and conditions of Job Vision B.V. apply to the recruitment, selection and supply of workers and related services unless otherwise agreed and confirmed. These conditions are partly based on the General Terms and Conditions for the Supply of Temporary Employees of the ABU (Algemene Bond van Uitzendondernemingen).
Job Vision B.V. is a member of the ABU.
A (contract of) assignment exists between the client and Job Vision B.V., to which the general terms and conditions apply. The main subjects of the general terms and conditions are briefly explained below.
Recruitment and Selection
The recruitment and/or selection can be aimed at secondment/distribution of the candidate or direct employment of the candidate with your organization. This depends on your requirements.
In both cases Job Vision B.V. will make every effort to find you a suitable candidate in time, who will continue to work for you for the agreed period. Job Vision B.V. is an expert in this field and in this context does its utmost to meet the wishes of its clients, for example with regard to education, skills and availability, to the best of its ability. However, the labor market is too capricious to guarantee that this is always successful. In addition, Job Vision B.V. is dependent on the clients, the nature of the work and the wishes of the candidate. You decide for yourself whether you deploy a candidate presented by Job Vision B.V. on a temporary or secondment basis, or hire him/her yourself. Unless otherwise agreed and recorded.
If the recruitment and/or selection efforts of Job Vision B.V. lead to an employment relationship between you and the candidate, you will pay a one-time fee.
In case of secondment, the rate for recruitment and/or selection is included in the hourly rate you owe. For Job Vision B.V. to recoup its investments in recruitment, selection and binding of employees, it is necessary that the employee can actually be made available to you for some time afterwards. Therefore there is a minimum period of time before you can hire the employee yourself.
If you still want to hire the employee earlier, you can. You will pay a fee.
Staffing and Posting
The content of these general conditions is largely due to the special nature of the agency relationship, which is substantially different, for example, from the supply of goods or the
hiring work. The employment relationship involves 3 parties: the client, the employee (temporary worker) and the employment agency. For a proper understanding of the relationship between all parties involved and the how and why of these general terms and conditions, the following is important. A temporary employment contract exists between the employee (temporary employee) and Job Vision B.V.. This is a special employment contract, whereby the employee (temporary worker) is placed at your disposal by Job Vision B.V. to perform work under your management and supervision. The employee (Temporary Employee) is therefore formally employed by Job Vision B.V. This makes Job Vision B.V. the legal employer for the employee (Temporary Employee). The employee works on the basis of a temporary employment contract with an 'temporary employment clause', a fixed-term temporary employment contract or a permanent temporary employment contract. As long as the temporary employment clause applies, the temporary employment contract ends when the deployment ends. If the employee (temporary worker) is working on the basis of a temporary employment contract for a definite or indefinite period, the end of the temporary employment does not automatically mean the end of the agreement between the employee (temporary worker) and Job Vision B.V. This is usually referred to as 'secondment'. You will not find this term in the general terms and conditions. They are connected to the legal terminology ('temporary employment contract', 'posting'). The legal status and working conditions of the employee (temporary worker) are regulated in the (ABU) CLA for Temporary Workers. The core of this CLA is that the longer the employee works for the temporary employment agency, the more rights he accrues.
A (contract of) assignment exists between you and Job Vision B.V., on the basis of which an employee (temporary employee) is made available. No (employment) contract exists between the employee and you as client. However, the employee is actually working for you as the client (material employment). Management and supervision of the work therefore lie with you.
Exercise of management and supervision/liability.
Every employment agency is dependent on the client for, a number of (legal) obligations arising from its formal employer role. Consider, for example, the termination of the
posting 'at the request of the client', complying with the rules concerning working hours, providing information about the job and the remuneration scheme and providing the employee (temporary worker) with a so-called Health and Safety document. Job Vision B.V. must be able to count on your cooperation where necessary. As stated above, management and supervision of the (performance of the) work by the employee lie with you as the client.
Job Vision B.V. has no control over the work and the conditions under which it is performed. You are therefore responsible for the work and the working conditions. You are expected to instruct, supervise and treat an employee of Job Vision B.V. as well as your own employees. For example, the Working Conditions Act regulates that the client is considered the employer of the employees provided to him. As an extension of this responsibility, the client is also liable if damage occurs. We recommend checking your insurance policy on this and adjusting it if necessary.
The duration of the assignment
The length of the assignment will be coordinated with you as best we can. There are two options:
- An assignment for a fixed period ('definite period'): this cannot be terminated prematurely, unless the employee (Temporary Employee) is working on the basis of a temporary employment contract with a temporary employment clause or it has been expressly agreed that premature termination is permitted;
- An assignment for an as yet unknown period ("indefinite period"): it can always be terminated - subject to a notice period - unless it has been precisely agreed that this cannot be done during a certain period.
The notice period, depending on the service and the duration of the (extended) assignment, is 15 or 30 days. Recruitment and selection assignments are terminable immediately.
In all cases the assignment may be terminated if the other party is accountably not keeping to the agreements or is in power of payment (for example in case of bankruptcy). The assignment will also end if the employment relationship between Job Vision B.V. and the employee (temporary employee) ends, for example because the employee finds a job elsewhere.
In conjunction with our services in the areas of recruitment, selection and staffing/secondment, Job Vision
B.V. can also provide additional services.
Upon request, Job Vision B.V. can also handle the scheduling of your flexible and even permanent staff.
Sometimes you will receive - solicited or unsolicited - suggestions or tips from Job Vision B.V., for example with regard to the deployment of flexible personnel. If you want more extensive advice, we will make arrangements in writing. Tips and advice are meant to inform and support you in your operational management. You decide whether you follow the advice. But even if you do, we cannot guarantee that it will always achieve the result you intended. After all, this depends on several circumstances, which Job Vision B.V. cannot always influence.
In temporary employment and secondment, the rate payable by you includes the cost of the temporary work (labor costs, payroll taxes, social contributions, etc.) and a margin.
The remuneration and other terms of employment of the employee (temporary employee) are determined in accordance with the (ABU) CLA for Temporary Employees and the law. Pursuant to that CLA, every employee is - in principle - entitled to the same remuneration (this, incidentally, only applies to the remuneration elements that are part of the so-called "hirer's remuneration". This consists on January 1, 2023 of the salary, periodic and general wage increases, possibly ATV, allowances, compensation for travel hours/travel time, one-time payments, expense allowances and fixed end-of-year benefits) as your own employees doing the same or similar work. In order to determine the correct remuneration, Job Vision B.V. depends on your information about the position, the applicable remuneration scheme and any wage increases. Based on that information, the rate will also be set or changed. As the (expected) costs of the temporary work may also increase during an assignment as a result of - for example - (periodic or general) wage increases, CAO amendments, changes in premiums or an increase in the expenses to be incurred by Job Vision B.V. and/or provisions to be made for training, sick leave and suchlike, Job Vision
B.V. will be entitled to implement rate amendments during the assignment as a result of such cost price increases. In case of recruitment and selection (aimed at an employment relationship between you and the candidate) a one-time fee will be charged. For planning, this is generally an hourly rate and for consulting, a rate per hour or day(s). Fees may be indexed annually in connection with an (expected) increase in overhead costs of operations. If certain cost reimbursements are charged to you, they will increase only if the relevant cost reimbursement actually increases.
Payment and billing
In the case of temporary employment and secondment, payment and invoicing are made on the basis of the time sheets and the agreements made, in these terms and conditions and in the assignment confirmation/agreement, regarding the hours to be invoiced. You are responsible for the accuracy of the information contained therein. Generally, the time sheets are submitted digitally.
It is important that you check the timesheet/schedule no later than the Monday after the end of the working week to which this overview relates and correct it if necessary. If you fail to do so on time, we will assume that the timesheets offered are approved and will pay and invoice on a weekly basis. If Job Vision B.V. also takes care of the planning, we ask you to actively approve the realized planning - in good time. In order to keep the costs of pre-financing under control, Job Vision B.V. has a payment term of 14 days (unless otherwise agreed and laid down). A payment term of 14 days is also applied for recruitment and selection and other services (provided it has been agreed and recorded otherwise). For consultancy assignments in principle invoices are sent monthly in advance (an advance payment).
Table of contents
Article 1 Definitions
Article 2 Scope
Article 3 The assignment and posting
Article 4 Replacement and availability
Article 5 Right of Suspension
Article 6 Working procedure
Article 7 Working hours and working time
Article 8 Company closures and mandatory days off
Article 9 Job and remuneration
Article 10 Proper exercise of direction and supervision
Article 11 Working conditions
Article 12 Client liability
Article 13 Client rate
Article 14 Billing
Article 15 Obligation of effort and liability of temporary employment agency
Article 16 Intellectual and industrial property
Article 17 Secrecy
Article 18Special obligations regarding identity and processing personal data
Article 19 Treatment of temporary worker
Article 20 Participation
Article 21Eligations relating to the Law on allocation of workers by intermediaries
Article 22 Applicable law and choice of forum
Article 23 Final provision
Article 1 Definitions
In these general terms and conditions, the following definitions shall apply:
- Temporary Employment Agency: any natural or legal person that provides temporary workers to clients on the basis of assignments.
- Temporary worker: any natural person who has entered into a temporary employment contract, as referred to in Section 7:690 of the Netherlands Civil Code, with a temporary employment agency in order to perform work for a third party under the management and supervision of that third party.
- Assignment: the agreement between a principal and the temporary employment agency pursuant to which a single temporary employee is placed at the principal's disposal by the temporary employment agency, as referred to in subsection 2 of this Article, in order to perform work in exchange for payment of the principal's rate.
- Client: any natural or legal person who is a party to the assignment in addition to the temporary employment agency.
- Posting: the employment of a temporary worker in the context of an
- Temporary employment clause: the written provision in the employment contract between the temporary employment agency and the temporary employee and/or in the collective agreement pursuant to which the employment contract ends by operation of law because the posting of the temporary employee by the temporary employment agency to the principal ends at the principal's request (Article 7:691 subsection 2 of the Dutch Civil Code).
- Collective Labor Agreement: the Collective Labor Agreement for Temporary Workers concluded between the ABU (Algemene Bond Uitzendondernemingen) on the one hand and relevant employee organizations on the other hand.
- Client rate: the rate payable by the Client to the temporary employment agency, excluding surcharges, expense allowances and The rate is charged per hour unless otherwise stated.
- Hirer's Compensation: the hirer's compensation as defined in the collective bargaining
Article 2 Scope
- 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 their realization, including offers, proposals, quotations and quotations.
- Any purchase or other conditions of the client do not apply and are expressly rejected by the temporary employment agency.
- Agreements differing from these general terms and conditions shall apply only if agreed in writing and shall apply only to that assignment.
Article 3The assignment and the posting
- The contract is entered into for a definite or indefinite
- The fixed-term assignment is the assignment that is entered into:
- Either for a fixed period of time;
- OR for a determinable period of time;
- either for a determinable period not exceeding a fixed
The fixed-term assignment ends by operation of law by the expiration of the agreed time or by the occurrence of a predetermined objectively determinable event.
End of assignment
- The assignment for an indefinite period of time ends by written notice with reasonable notice.
- Each assignment shall terminate forthwith by reason of termination at such time as either party terminates the assignment because:
- the other party is in default;
- the other party is liquidated;
- the other party is declared bankrupt or has filed for suspension of
If the temporary employment agency terminates on one of these grounds, the principal's conduct, on which the termination is based, implies the principal's request to terminate the posting. This does not result in any
liability of the temporary employment agency for any damage suffered by the principal as a result. As a result of the termination, the claims of the temporary employment agency will be immediately due and payable.
End of posting
- The end of the assignment means the end of the posting. Termination of the assignment by the principal implies the principal's request to the temporary employment agency to terminate the current posting(s) by the date on which the assignment is validly terminated or the date on which the assignment is validly dissolved, respectively.
- If the temporary employment clause applies between the temporary employee and the temporary employment agency, the posting of the temporary employee shall end at the principal's request at the time that the temporary employee reports that he is unable to perform the work due to incapacity for work. Insofar as necessary, the principal shall be deemed to have made this If requested the principal will confirm this request to the temporary employment agency in writing.
- The posting ends by operation of law if and as soon as the temporary employment agency can no longer post the temporary worker because the employment contract between the temporary employment agency and the temporary worker has ended and that employment contract is not subsequently continued for the benefit of the same
The principal shall inform the temporary employment agency in a timely manner regarding the termination or continuation of the assignment with due observance of Article 6 subsection 1 in order to enable the temporary employment agency to correctly and fully comply with its obligations regarding a statutory notice period.
Article 4Replacement and availability
- The temporary employment agency is entitled to replace a posted temporary employee at any time. This does not require the principal's consent. The principal will refuse to cooperate in a replacement only on reasonable If requested the principal will motivate any refusal in writing.
- The temporary employment agency will not have failed imputably towards the principal and will not be obliged to compensate the principal for any damage or costs if the temporary employment agency for any reason whatsoever cannot (or can no longer) supply the principal with a temporary employee (or a replacement temporary employee) in the manner and to the extent agreed in the assignment or subsequently.
Article 5 Right of Suspension
- The Client is not entitled to temporarily suspend all or part of the temporary worker's employment unless there is a case of force majeure within the meaning of Article 6:75 of the Civil Code.
- Notwithstanding paragraph 1 of this article, suspension is possible if:
- this is agreed upon in writing and the term is specified AND;
- the principal demonstrates that there is temporarily no work available or that the temporary worker cannot be employed and;
- the temporary employment agency can successfully invoke against the temporary worker the exclusion of the continued payment of wages obligation under the collective bargaining agreement.
Article 6 Working procedure
- The principal shall provide the temporary employment agency with the information necessary for the posting prior to the commencement of the assignment, including an accurate description of the position, job requirements, working hours, hours of work, activities, place of work, working conditions and the intended duration of the
- On the basis of the information provided by the principal and the capacities, knowledge and skills of the (candidate) temporary employees eligible for placement the temporary employment agency will determine which (candidate) temporary employees it will propose to the principal for the execution of the assignment. The principal is entitled to reject the proposed (candidate) temporary worker, as a result of which the posting of the proposed (candidate) temporary worker will not take place.
- The temporary employment agency will not be in default towards the principal if the contacts between the principal and the temporary employment agency prior to a possible assignment, including a concrete request from the principal for the posting of a temporary employee, do not result in the actual posting of a temporary employee for whatever reason or within the term desired by the principal.
- If the temporary employment agency requires information from the principal in connection with the performance of its obligations under the law or the collective labor agreement, the principal will provide that information to the temporary employment agency free of charge upon its first request.
Article 7 Duration of work and working hours
- The scope of work and the temporary employee's working hours at the principal will be laid down in the assignment or agreed otherwise. The temporary employee's working hours, working time, break and rest periods shall be equal to the times and hours customary at the principal's place of work unless otherwise agreed. The principal guarantees that the duration of the temporary employee's work and his or her break and rest times meet the statutory The principal shall ensure that the temporary employee does not exceed the legally permitted working hours and the agreed scope of work.
- Vacation and leave of the temporary worker are regulated in accordance with the law and the collective bargaining agreement.
Article 8 Business closures and mandatory days off
- When entering into the assignment the principal must inform the temporary employment agency about any company closures and collectively required days off during the term of the assignment so that the temporary employment agency can, if possible, make this circumstance part of the employment contract with the
temporary worker. If an intention to establish a company closure and/or collectively required days off becomes known after entering into the assignment, the principal must inform the temporary employment agency immediately after it becomes known.
Article 9Function and remuneration
- Before the commencement of the assignment the principal provides the temporary employment agency with the description of the position to be held by the temporary employee, the corresponding grading and information about all elements of the hirer's remuneration (as regards amount and time: only and to the extent known at that time).
- The temporary employee's remuneration, including any bonuses and expense allowances, will be determined in accordance with the collective labor agreement (including the provisions regarding the hirer's remuneration) and the applicable laws and regulations, on the basis of the job description provided by the
- If at any time it appears that that job description and the corresponding grading do not correspond with the position actually held by the temporary employee, the principal shall provide the temporary employment agency with the correct job description and corresponding grading without delay. The temporary employee's remuneration will be determined anew on the basis of the new job description. The job description and/or grading may be adjusted during the assignment if the temporary worker reasonably claims such adjustment with reference to laws and regulations and/or the collective bargaining agreement. If the adjustment results in higher remuneration the temporary employment agency will be entitled to adjust the temporary employee's remuneration and the principal's rate accordingly. The principal will owe this corrected rate to the temporary employment agency from the time that the temporary employee is entitled to the higher remuneration on the basis of laws and regulations and/or the collective employment
- The principal shall inform the temporary employment agency in a timely manner, at least as soon as it becomes known, of changes in the hirer's remuneration and of established initial wage This paragraph does not apply if and as long as the temporary worker is remunerated in accordance with the collective agreement remuneration for the allocation group.
- If and insofar as remuneration is determined for the temporary employee on account of nonclassification, the principal will inform the temporary employment agency in a timely manner and in any event immediately upon becoming aware of a change in the principal's job matrix that results in the job performed by the temporary employee still being classifiable in the principal's job matrix.
In that case, the remuneration and client rate shall be adjusted in accordance with paragraph 3 of this article.
- Allowances and surcharges such as those for overtime, travel hours/travel time, physically taxing conditions, work in shifts or irregular hours, at special times or days (including holidays), shifted hours and/or on-call or standby shifts shall be remunerated in accordance with the ABU-CAO and/or other applicable working conditions regulations and shall be passed on to the client.
Article 10 Proper exercise of direction and supervision
- The principal shall act with the same care with respect to the temporary employee in the exercise of management and supervision, as well as with respect to the performance of the work, as it is bound to do with its own employees.
- Subject to its consent the principal is not permitted to "lend" the temporary employee to a third party; in other words, to make him available to a third party for the performance of work under the management and supervision of that third party. Third party is also understood to mean a person or legal entity with which the principal is affiliated in a
- The principal may only employ the temporary worker in derogation of the provisions of the assignment and conditions if the temporary employment agency and the temporary worker have agreed to this in writing in advance.
- Employment of the temporary worker abroad by a client based in the Netherlands is only possible for a limited period under the conditions that the client has organised management and supervision and the employment has been agreed in writing with the temporary employment agency and with the temporary worker.
- The principal shall compensate the temporary worker for any damage suffered by the temporary worker as a result of the damage or destruction of any property belonging to him that was used in the context of the assigned work.
- To the extent possible the principal shall take out adequate insurance against liability pursuant to the provisions of this At the request of the temporary employment agency the principal will provide proof of insurance.
Article 11 Working conditions
- The client declares its familiarity with the fact that it is considered an employer under the Working Conditions Act.
The principal is responsible towards the temporary worker and the temporary employment agency for compliance with the obligations arising from Article 7:658 of the Dutch Civil Code, the Working Conditions Act and related regulations in the area of safety in the workplace, health, welfare and good working conditions in general.
- The principal is obliged to provide the temporary employee and the temporary employment agency with information in writing in a timely manner, at least one working day before the commencement of the work, regarding the required professional qualifications and the specific characteristics of the work place to be taken on. The principal actively informs the temporary employee regarding the Risk Inventory and Evaluation (RIE) used within its company.
- If the temporary employee sustains an industrial accident or occupational disease the principal shall, if required by law, notify the competent authorities immediately and ensure that a written report is drawn up without delay. The report will state the circumstances of the occupational accident or illness in such a way that it can be determined with a reasonable degree of certainty whether and to what extent the occupational accident or illness is the result of the fact that insufficient measures were taken to prevent the occupational accident or illness. The principal informs the temporary employment agency as soon as possible about the industrial accident or occupational illness and submits a copy of the report drawn up.
- The principal shall compensate the temporary worker for all damage that the temporary worker suffers in the course of performing his work if and insofar as the principal is liable for it under Article 7:658 and/or Article 7:611 and/or Article 6:162 of the Civil Code.
- The principal shall take out adequate insurance against liability pursuant to the provisions of this Article. At the request of the temporary employment agency the principal will provide proof of insurance.
Article 12 Liability of client
- A principal who fails to perform or properly performs the obligations ensuing for it from these general terms and conditions, assignments and/or other agreements will be obliged to compensate the temporary employment agency for any damage arising as a result. The provisions of this Article are of general application, both - supplementary if necessary - in respect of subjects in respect of which the obligation to pay compensation has already been provided for separately in these general terms and conditions, assignments and/or other agreements and in respect of subjects in which that is not the case.
Article 13 Client rate
- The principal's rate owed by the principal to the temporary employment agency will be calculated on the basis of the hours worked by the temporary employee and/or (if that number is higher) on the basis of the hours to which the temporary employment agency is entitled pursuant to the general terms and conditions, assignments and/or other agreements and/or the surcharges owed by the temporary employment agency to the temporary The principal's rate plus the expense allowances that the temporary employment agency owes the temporary worker. VAT will be charged on the principal's rate and expense allowances.
- The temporary employment agency is entitled to adjust the client rate during the term of the assignment if the costs of the temporary work increase:
- as a result of changes in the collective bargaining agreement or in the wages regulated thereunder, or changes in the collective bargaining agreement and/or employment conditions regulation in force at the client or the wages regulated thereunder;
- as a result of 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 collective bargaining agreement or any binding regulations;
- as a result of a (periodic) wage increase and/or a (one-time) mandatory payment arising from the collective bargaining agreement, the collective bargaining agreement and/or employment conditions scheme and/or laws and regulations applicable at the client.
- If the principal does not agree to pay the adjusted principal's rate pursuant to paragraph 2 and/or Article 9, therein lies the principal's request to terminate the posting.
- Any adjustment to the principal's rate will be announced by the temporary employment agency to the principal as soon as possible and confirmed to the principal in writing.
- If due to any cause attributable to the principal the remuneration has been set too low the temporary employment agency will also be entitled to set the remuneration retroactively and to adjust and charge the principal's rate accordingly with retroactive effect. The temporary employment agency may also charge the principal for that which the principal has underpaid as a result and for any costs that the temporary employment agency has incurred as a result.
Article 14 Billing
- Invoicing takes place based on the method of timekeeping agreed with the client in compliance with these general terms and conditions, assignments and/or other
- If no manner of time registration has been agreed the time registration will take place by means of timesheets that have been approved by the principal in writing. The principal and the temporary employment agency may agree that the time registration will take place by means of a time registration system, an electronic and/or automation system or by means of overviews drawn up by or for the principal.
- The principal shall ensure that the timekeeping records are correct and complete and shall be obliged to see to it or have it seen to that the temporary employee's details contained therein are stated correctly and truthfully, such as: the temporary employee's name, the number of hours worked, overtime hours, irregular hours and shift hours, the other hours in respect of which the principal's rate is due pursuant to these general terms and conditions, assignments and/or other agreements, any surcharges
and any actual costs incurred.
- If the principal provides the timekeeping records it shall ensure that the temporary employment agency has the timekeeping records at its disposal immediately following the week worked by the temporary employee. The principal is responsible for the manner in which the timekeeping records are provided to the temporary employment agency.
- Before providing the timekeeping records the principal shall give the temporary employee an opportunity to check the timekeeping records. If and insofar as the temporary employee disputes the information contained in the timekeeping records the temporary employment agency will be entitled to determine the hours and costs in accordance with the temporary employee's statement unless the principal can prove that the information it has provided is correct. At the request of the temporary employment agency the principal will allow the principal to inspect the principal's original time records and provide the principal with a copy thereof.
- If the timekeeping is done by means of declaration forms to be provided by the temporary employee the principal will retain a copy of the declaration form. In the event of a discrepancy between the timesheet submitted by the temporary employee to the temporary employment agency and the copy retained by the principal the timesheet submitted by the temporary employee to the temporary employment agency will constitute full evidence for the purposes of settlement unless the principal furnishes evidence to the
Article 15 Obligation of effort and liability of temporary employment agency
The temporary employment agency is obliged to make every effort to properly perform the assignment. If and insofar as the temporary employment agency fails to comply with this obligation the temporary employment agency will be obliged to compensate the principal's damage that ensues from that, provided that the principal submits a written complaint in that respect to the temporary employment agency as soon as possible but not later than three months after that damage arises or becomes known and demonstrates that the damage is the direct result of an attributable failure on the part of the temporary employment agency.
Article 16Intellectual and industrial property
- At the principal's request the temporary employment agency will have the temporary employee sign a written statement in order to ensure or promote - insofar as necessary and possible - that all intellectual and industrial property rights in respect of the results of the temporary employee's work are or will be transferred to the If the temporary employment agency owes the temporary employee a fee in that respect or otherwise incurs costs the principal will owe the temporary employment agency the same fee or the same costs.
- The principal is free to enter into an agreement directly with the temporary employee or to submit a statement to it for signature in respect of the intellectual and industrial property rights referred to in subsection 1 of this The principal will inform the temporary employment agency of its intention to do so and will provide the temporary employment agency with a copy of the agreement/statement drawn up in that respect.
- The temporary employment agency shall not be liable to the principal for any fine or penalty that the temporary worker forfeits or any damage suffered by the principal as a result of the temporary worker invoking any right of intellectual and/or industrial
Article 17 Secrecy
- The temporary employment agency and the principal 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 the assignment, to third parties, unless - and then insofar as - the provision of that information is necessary in order to be able to properly perform the assignment or they are under a legal obligation to disclose it.
- At the principal's request the temporary employment agency will oblige the temporary employee to observe confidentiality with respect to everything that comes to his knowledge or awareness while performing the work, unless the temporary employee is under a legal duty to disclose.
- The principal is free to impose confidentiality on the temporary employee directly. The principal informs the temporary employment agency of its intention to do so and provides the temporary employment agency with a copy of the declaration agreement drawn up in this respect.
- The temporary employment agency shall not be liable for any fine, penalty or any damages incurred by the client as a result of a breach of a duty of confidentiality by the temporary worker.
Article 18 Specialobligations regarding identity and processing personal data
- The principal to which the temporary employment agency supplies a temporary employee will verify and establish the temporary employee's identity in accordance with the applicable laws and regulations, including but not limited to the Dutch Foreign Nationals (Employment) Act [Wet arbeid vreemdelingen], the Dutch Wav (Wet op de loonbelasting) and the Dutch Compulsory Identification Act [Wet op de identificatieplicht]. The principal will also comply with its obligations in respect of administration and
- In respect of foreign nationals, the principal expressly declares that it is familiar with the Wav, including that the principal must receive a copy of the document referred to in Section 1 subsections 1 through 3 of the Compulsory Identification Act from the foreign national upon commencement of the foreign national's work. The principal is responsible for carefully checking this document, establishing the identity of the foreign national on the basis thereof and including a copy of the document in its records. The temporary employment agency is not responsible or liable for any fine imposed on the principal under the Wav.
- The principal expressly declares that it is familiar with the applicable laws and regulations regarding the processing of personal data. The temporary employment agency and the principal will enable each other to comply with the aforementioned legislation. Principal will in any event only use the personal data obtained through the temporary employment agency for the purpose for which it was obtained, will not store it any longer than permitted in accordance with the laws and regulations and will ensure adequate security of this personal data.
Article 19 Treatment of temporary worker
- Client and temporary employment agency will not make prohibited distinctions, not according to religion, belief, political affiliation, gender, race, nationality,
heterosexual or homosexual orientation, marital status, disability, chronic illness, age or any other ground.
Client and temporary employment agency will only set or take into account requirements relevant to the position when providing or performing the assignment, and in the selection and treatment of temporary employees.
- The Client shall be familiar with the Whistleblower Act and shall ensure that the temporary employee has access to the whistleblower scheme in the same manner as its own staff if the Client has or applies such a scheme to it.
- If the client has a complaints procedure regarding the treatment of employees, it will ensure that the temporary worker has access to this complaints procedure in the same way as its own This only concerns complaints that do not concern the employment agency's employment practices. All this, insofar as there are no legal obligations otherwise.
Article 20 Participation
- The principal is obliged to give the temporary employee who is a member of the works council of the temporary employment agency or of the principal's works council the opportunity to exercise these participation rights in accordance with laws and
- If the temporary employee exercises co-determination in the principal's company, the principal shall also owe the principal's rate for the hours during which the temporary employee performs work during working hours or takes a training course in connection with the exercise of co-determination.
- The Client declares that it is aware of its information obligations under the Works Councils Act (WOR) regarding the (anticipated) deployment of temporary employees in its company. If and insofar as, in performing these information obligations, the Client wishes to rely on information provided or to be provided by the temporary employment agency, such provision of information will not go beyond what the WOR requires.
Article 21 Obligationsrelated to the Law on allocation of labor forces by intermediaries
- The client expressly declares its familiarity with Article 8b of the Law on allocation of labor forces by intermediaries and ensures that temporary workers have equal access to the company facilities or services in its company, in particular canteens, childcare and transport facilities, as the employees, employed by its company in equal or equivalent positions, unless the difference in treatment is justified for objective reasons.
- The client expressly declares that it is familiar with Article 8c of the Wet allocatie arbeidskrachten door intermediairs (Workforce Allocation by Intermediaries Act) and shall ensure that vacancies arising within its company are promptly and clearly notified to the temporary worker, so that the temporary worker has the same opportunities for an employment contract for an indefinite period of time as the employees of that
- The principal expressly declares that it is familiar with Article 10 of the Netherlands Posting of Workers by Intermediaries Act. The temporary employment agency is not permitted to post employees to the principal or in that part of the principal's company where there is a strike, lockout or company The principal will inform the temporary employment agency in a timely and complete manner regarding the intention to commence, commence, continue or end collective actions organised or unorganised by the trade unions, including but not limited to a strike, lockout or company occupation.
In the performance of its supervision and management of the temporary worker, the Client shall expressly not give orders to the temporary worker that will violate Article 10 Waadi. Such as, but not limited to, having temporary workers perform work normally performed by employees who are currently participating in collective actions.
- The principal expressly declares that it is familiar with Article 12a of the Netherlands Posting of Workers by Intermediaries The principal will provide timely and complete written or electronic information about the employment conditions to the temporary employment agency prior to the commencement of the posting and thereafter when necessary.
Article 22 Applicable law and choice of forum.
- These general terms and conditions, orders and/or other agreements are governed by Dutch law.
- All disputes arising from or relating to a legal relationship between the parties will be settled in the first instance exclusively by the competent court of the district in which the temporary employment agency's head office is located.
Article 23 Final provision
- If one or more provisions of these general terms and conditions are null and void or annulled, the remaining provisions of the general terms and conditions, orders and/or other agreements shall remain in force. The provisions that are not legally valid or cannot legally be applied will be replaced by provisions that are as close as possible to the purport of the provisions to be replaced.