General terms and conditions
FOR THE PROVISION OF MANPOWER (TEMPING AND PAYROLLING) AND EMPLOYMENT SERVICES
2nd edition: January 2022
TABLE OF CONTENTS
CHAPTER 1 GENERAL PROVISIONS.... 1
Article 2 Applicability of these terms and conditions. 1
Article 3 Formation of the hiring agreement 1
Article 4 Method of invoicing. 1
Article 10 Applicable law and competent court 3
Article 11 Final provisions. 3
CHAPTER 2 PROVISION OF LABOUR: GENERAL.... 3
Article 12 The provision of labour. 3
Article 13 Content, duration and end of provision of labour force(s) 3
Article 14 Information obligation of Borrower 3
Article 15 Civil chain liability for wages. 3
Article 16 Establishment of (direct) employment relationship by hirer with the worker 3
Article 17 Hirer's duty of care and indemnity towards the company. 4
Article 18 Identification and personal data. 4
CHAPTER 2A PROVISION OF LABOUR: SENDING OUT.... 4
Article 19 Applicability of general provisions. 4
Article 20 Selection of labour. 4
Article 21 The hirer's rate in case of deployment. 4
CHAPTER 2B PROVISION OF LABOUR: SENDING OUT.... 4
Article 22 Applicability of general provisions. 4
Article 23 Information obligation of hirer in payrolling. 4
Article 24 The hiring rate in payrolling. 4
CHAPTER 3 CONDITIONS OF EMPLOYMENT.... 5
Article 25 Applicability of general provisions. 5
Article 26 Remuneration and content of employment contract 5
Article 27 Commencement of employment relationship by client with job seeker. 5
CHAPTER 1 GENERAL PROVISIONS
Article 1 Definitions
In these general terms and conditions, the following definitions shall apply:
- Company: the natural or legal person that supplies labour to a hirer for the purpose of performing work under the hirer's supervision and management, other than under a labour agreement concluded with the hirer.
- Labour force: the natural person who performs or will perform work in the service of the company for and under the supervision and management of the hirer.
- Hirer: 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 pursuant to an employment contract concluded with the hirer.
- Temporary employment contract: the agreement between the company and the hirer containing the specific conditions under which a worker is made available to perform work for, and under the supervision and management of, the hirer.
- Hirer's rate: the amount per unit of time owed by the hirer to the company for the provision of labour. It includes the cost of labour including labour costs, wage tax and social security contributions, as well as a margin for the company's services.
- Temporary employment contract: the employment contract whereby the worker is made available by the company to the hirer in order to perform work under a hiring contract concluded by the company with the hirer, for and under the supervision and management of that hirer.
- Payroll contract: The payroll contract is the temporary employment contract, where the hiring contract between the company and the hirer is not established in the context of bringing together supply and demand in the labour market and where the company is authorised to make the labour force available to another person only with the consent of the hirer.
- Employment agency: any natural or legal person that assists a client, a job seeker or both in the search for labour 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 agency agreement: the agreement between an employment agency and a client and/or a jobseeker to provide the services referred to under paragraph 8.
- NBBU collective labour agreement: the NBBU collective labour agreement for temporary workers that applies to companies that are members of the Nederlandse Bond van Bemiddelings- en Uitzendondernemingen (NBBU).
- Where reference is made in these general terms and conditions to labourers, male and female labourers are meant and where reference is made to him and/or him, his/her or him/her is meant.
Article 2 Applicability of these terms and conditions
- These terms and conditions shall 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 who has once contracted on these terms is deemed to tacitly agree 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 to the extent that 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 subsequently also apply to hiring agreements already concluded, subject to a period of one month after written notification of the amendment.
Article 3 Formation of the hiring agreement
- The hiring contract is established by written acceptance from the hirer or by the company actually making labour available to the hirer.
- The specific conditions under which the worker is made available by the company to the hirer 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 completed time sheet and approved by the hirer, the hirer's rate and any additional surcharges and (dis)costs.
- The hirer is responsible for the correct, timely and complete completion and approval of the time sheet. Approval takes place via (digital) signature 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 shall 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 labourer disputes the timekeeping data, the company may invoice the number of hours worked and other expenses according to the labourer's statement, unless the hirer proves that the timekeeping used by the hirer is 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 proceed to do so until reasonable consultation with the hirer has taken place in this regard.
- The hirer shall ensure that the company's invoices are paid without any deduction, discount or set-off within 14 days from the invoice date.
- If the company has a G account, the hirer may request the company to enter into consultation on the possibility of the hirer depositing a percentage of the invoiced amount in the relevant account, as well as on 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 the company with a written authorisation to debit the amounts of the invoices from the hirer's bank account by direct debit within the agreed period. The parties will use a SEPA authorisation form for this purpose.
Article 5 Payment terms
- Only direct payments to the company work in liberation for the hirer.
- No direct payment or provision of advances by the hirer to the labourer shall be permitted, irrespective of the reason or manner in which it is made. Such payments and provisions do not concern the company and do not constitute grounds for any debt repayment or set-off.
- If the hirer disputes an invoice, this shall be notified in writing by the hirer to the company within eight days from the date of dispatch of the relevant invoice, on pain of forfeiture of 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 with effect 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 fulfil its payment obligations shall be borne by the hirer. The company's extrajudicial collection costs, to be calculated on the amount to be collected, shall be set at a minimum of €500.00 and at least 15% of the principal sum.
- If the financial position and/or payment behaviour of the hirer gives cause to do so - in the company's opinion - the hirer is obliged to do so upon the company's first written request:
- provide a direct debit authorisation as referred to in Article 4(8) of these terms and conditions; and/or
- provide an advance; and/or
- provide adequate security for the fulfilment of its obligations towards the company, for example by means of a bank guarantee or pledge. The size of the requested security and/or advance payment shall be in proportion to the size of the relevant obligations of the hirer.
- If the hirer does not comply with a request of 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 owing any compensation to the hirer. All claims of the company shall become immediately due and payable as a result of the termination.
Article 6 Dissolution
- If a party fails to comply with its obligations under the hiring contract, the other party shall be entitled - in addition to the provisions of the hiring contract - to dissolve the hiring contract 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, the one party is entitled, without any reminder or notice of default being required, to terminate the hiring agreement extrajudicially with immediate effect in full or in part by registered letter if:
- the other party applies for (provisional) suspension of payments or is granted (provisional) suspension of payments;
- the other party files for its own bankruptcy or is declared bankrupt;
- the other party's company is liquidated;
- the other party ceases its current business;
- a substantial part of the assets of the other party is seized through no fault of either party, or if the other party must otherwise be deemed unable to fulfil its 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 before the dissolution in connection with what it has already performed in execution of the hiring agreement shall remain due to it by the hirer in full and shall become immediately payable at the time of dissolution.
Article 7 Liability
- Barring provisions of mandatory law, and with due observance of the general standards of reasonableness and fairness, the company is not obliged to pay any compensation for damage of whatever nature, direct or indirect, caused to the worker, the hirer or to goods or persons at or belonging to the hirer or a third party, in connection with a hiring agreement, including damage caused as a result of
- the posting of the labour force by the company to the hirer, even if that labour force turns out not to meet the requirements imposed on it by the hirer.
- unilateral termination of the agency, or payroll contract by the worker.
- acts or omissions of the labour force, the hirer itself or a third party, including entering into commitments by the labour force.
- on-lending by the hirer of the labour force without the company's written consent.
- Any liability of the company for any direct damage shall in any event, per event, be limited to:
- the amount paid out by the company's insurance policy, or;
- if the company is not insured for the damage in question or the insurance does not pay (in full), the amount invoiced by the company. If the amount billed depends on a time factor, liability is limited to the amount billed by the company to the hirer 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.
- The company shall never be liable for consequential damage such as loss of profit and missed savings and for indirect damage.
- The hirer is obliged to ensure adequate, comprehensive liability insurance for all direct and indirect damage as referred to in paragraph 1 of this article.
- In any event, the hirer shall indemnify the company against any claims by the labourer or third parties, for compensation for damage as referred to in paragraph 1 of this article suffered by that labourer or third parties.
- The limitations of liability set out in paragraphs 1 and 2 of this article shall cease to apply if there is intent or gross negligence on the part of the company and/or its managerial staff.
- The company shall at all times be entitled, if and to the extent possible, to undo any damage caused by the hirer. This also includes the right of the company to take measures to prevent or limit any damage.
Article 8 Force majeure
- In the event of force majeure on the part of the company, its obligations under the hiring agreement shall be suspended for as long as the force majeure situation continues. Force majeure means any circumstance beyond the control of the company, which permanently or temporarily prevents the fulfilment of the hiring agreement and which should not be at its risk, neither by law, nor according to standards of reasonableness and fairness.
- As soon as a situation of force majeure 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 similar situation, power failures, failures in electronic communication lines, fire, explosion and other calamities, water damage, flooding, earthquake and other natural disasters, as well as extensive illness of epidemiological nature of personnel.
- As long as the force majeure condition continues, the obligations of the company will be suspended. However, this suspension will not apply to obligations to which the force majeure does not apply and which already arose before the force majeure situation occurred.
- 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 shall be 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.
- The company shall not be obliged to compensate any damage of or at the hirer during the force majeure situation, 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 Confidentiality
- The company and the user company shall not disclose any confidential information of or about the other party, its activities and relations, which has come to their knowledge pursuant to an offer or hiring agreement, to third parties. This unless - and then insofar as - disclosure of such information is necessary for the proper performance of the hiring agreement or they are under a statutory duty to disclose.
- At the request of the hirer, the company will oblige the labourer to maintain confidentiality regarding all that becomes known or known to him while performing the work, unless the labourer is under a legal duty to disclose.
- The hirer is free to impose a direct obligation of confidentiality on the worker. 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 relating to a legal relationship between the parties shall be tried in first instance exclusively by the court within the district in which the company has its registered office, unless the law imperatively requires otherwise.
Article 11 Final provisions
- If any provision of these terms and conditions is null and void or annulled, the other provisions of these terms and conditions shall remain in full force and the parties shall consult in order to agree on new provisions to replace the null and void or annulled provisions, taking into account as much as possible the purpose and meaning of the null and 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 allowed to transfer its rights and obligations under the hiring agreement to a third party.
CHAPTER 2 SUPPLY OF LABOUR: GENERAL
Article 12 The provision of labour
- The worker actually works under the hirer's supervision and management. In doing so, the hirer exercises the same due care as towards its own employees. As a formal employer, it has no insight into the workplace and the work to be done, on the basis of which the user company should ensure a safe working environment.
- The posted worker entered into a temporary employment contract pursuant to Section 7:690 of the Netherlands Civil Code or a payroll contract pursuant to Section 7:692 of the Netherlands Civil Code with the company. The hiring agreement between company and hirer is decisive for this: if the company does not have an allocative function in the context of the assignment (does not do any recruitment and selection) and there is an exclusive posting 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 labour force 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 labour force 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, on-lend the labour force hired by it to a third party to work under the latter's supervision and management or have it work abroad. An infringement of this paragraph shall result in the company being entitled to immediately terminate the supply of the labour force and/or the hiring contract, 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 provision of labour force(s)
- The specific conditions under which the labour force is made available to the hirer are included in the hiring agreement. The posting of the labour force to the hirer is entered into for a definite period (the start and end of the posting are objectively determinable) or for an indefinite period (the end of the posting is not objectively determinable).
- The hirer shall inform the company about the intended duration, (weekly or at least monthly) working hours 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 labourer has appeared at the workplace, the hirer makes use of his labour offer for less than three hours, the hirer is obliged to pay the hiring rate for at least three hours per call if:
- a volume of work of less than 15 hours per week has been agreed and working hours are not fixed; or
- there is an on-call contract pursuant to Article 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 due to special circumstances on the side 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 Netherlands 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 labour force has an on-call agreement pursuant to Section 7:628a of the Netherlands Civil Code, the company is obliged to make the labour force an offer for a fixed scope of work including the continued payment of wages obligation after twelve months, 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 labour force, the hiring rate will be calculated on the fixed labour scope and not on the actual number of hours worked.
- The hiring contract cannot be terminated as long as labour is provided to the hirer.
- The temporary assignment referred to in article 13.1 cannot be terminated prematurely. If the hirer nevertheless so wishes, the placement may only be terminated prematurely under the condition that the payment obligations connected with the placement continue until the agreed duration of the placement. The company shall then be entitled to (continue to) charge the user company the user fee in accordance with the customary or expected work pattern of the worker until the agreed duration of the placement, unless the company and the user company have made alternative written agreements.
- The company and hirer shall agree in the hiring contract on the notice period for the indefinite posting referred to in article 13.1 . If no notice period has been agreed, the notice period as referred to in article 21.6 or 24.6 of the general terms and conditions shall apply.
- If the hirer, unbeknownst to the company, has played a role in the allocation process or the recruitment and selection of the labour force, pursuant to which the temporary employment contract converts into a payroll agreement, the user rate shall be reset with retroactive effect in accordance with article 24. The hirer shall then be obliged to continue paying the hiring rate for the duration of the payroll agreement, as agreed between company and labour force. The hirer may offer the labour force an employment contract in order to terminate the continuous payment obligation. In the event of a desired end of the posting, the company will make every effort to terminate the payroll agreement or redeploy the labour force, in which case all additional costs will be passed on to the hirer.
- In connection with its obligation to give 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 placement. Failure to inform the company in time or incorrectly shall result in the hirer having to reimburse the company in full for the costs related to the remuneration of the worker pursuant to Section 7:668(3) of the Dutch Civil Code.
- If the reason for termination is due to a dispute with the labourer or a conflict situation, the hirer must inform the company in good time. 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, he shall 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 the Borrower
- The hirer shall inform the company in a timely, correct and complete manner regarding the terms 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, so that the company can determine the labour force's wages.
- The company is entitled to retroactively correct the user rate and charge it to the hirer if it appears that (one of) the components referred to in article 21 or 24 were determined incompletely or incorrectly.
- If the hirer intends to provide the worker with a car, the hirer shall inform the company immediately. Only in consultation with the company shall the hirer agree with the worker that the car may be driven privately, so that the company can take this into account in its payroll tax. If the hirer fails to do so, he shall be obliged to compensate the resulting damage, costs and (tax) consequences suffered by the company.
Article 15 Civil chain liability for wages
- In addition to the company, the hirer is jointly and severally liable to the worker for the payment of the wages due to the worker, unless the hirer qualifies as non-accountable with regard to any underpayment.
- For the purpose of demonstrating its non-reputability, the hirer must in any case inform the company in time, correctly and completely about the terms and conditions of employment as referred to in article 21 or 24 of the general terms and conditions.
- The company is obliged towards the hirer to remunerate the labour force 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 directly into an employment contract or any other type of employment relationship with a worker supplied or to be supplied to it by the company, it shall immediately notify the company 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 labour force, in accordance with the provisions of Article 9a, paragraph 2 of the Dutch Intermediaries (Allocation of Labour Force Act).
- Other type of employment relationship as referred to in this article includes:
- the assignment agreement;
- contracting work;
- having the worker made available to the hirer by a third party (e.g. 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 agency contract with the company.
- The hirer is prohibited from inducing workers to enter into an employment contract or any other type of working relationship with another company with the intention of hiring the workers through that other company.
Article 17 Hirer's duty of care and indemnity towards the company
- The hirer is aware that it has an obligation under Article 7: 658 of the Dutch Civil Code and applicable health and safety legislation to ensure a safe workplace for the labour force. The hirer shall provide the labourer with specific instructions to prevent the labourer from suffering harm in the performance of his work. The hirer shall also provide the labour force 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 commences, the hirer shall provide the labour force and the company with the necessary information on the labour force's required professional qualifications, as well as the Risk Inventory and Evaluation (RI&E), containing the specific characteristics of the workplace to be filled. The employee must be given sufficient opportunity to familiarise himself with the contents before the work can commence.
- The hirer is liable to the labourer and company for, and consequently obliged to compensate, any damage suffered by the labourer 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 labourer, all subject to the provisions of Article 7.
- If, in the performance of his work, the worker suffers injury resulting in death, the hirer shall be liable, in accordance with Section 6:108 of the Dutch Civil Code, 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 worker, 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/parties directly concerned.
- The hirer is obliged to ensure adequate, comprehensive liability insurance for all direct and indirect damage as referred to in this article.
Article 18 Identification and personal data
- The hirer shall establish a worker's identity on the basis of the original identity document at the start of the posting of a worker. The hirer shall set up its records in such a way that the identity of the worker can be demonstrated.
- 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, data subjects' rights and retention periods, among other things. If there is joint processing responsibility, the company and user company make further agreements on, among other things, the exercise of data subjects' rights 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 legislation and shall reimburse the related costs incurred by the company.
CHAPTER 2A SUPPLY OF LABOUR: TEMPORARY EMPLOYMENT
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 Netherlands Civil Code, as named in Article 12.
Article 20 Selection of labour
- The worker is selected by the company on the one hand according to his qualities and skills and on the other hand according to the job requirements put forward by the hirer.
- Non-functional requirements that also (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 honoured 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.
- If a worker does not meet the job requirements set by the hirer, the hirer is entitled to notify the company within 4 hours of commencement of the work. In that case, the hirer shall be obliged to pay the company at least the wage due to the worker, plus the employer's share of the social security contributions and premiums levied and resulting from the NBBU collective labour agreement.
- The company may make the labour force available to several hirers.
- During the term of the hiring agreement, the company is entitled to make a proposal to replace the labour force, for example if the labour force is no longer able to perform the work, or in connection with a reorganisation to be implemented or a redeployment obligation. The hiring rate will then be reset.
Article 21 The user rate in the event of temporary employment
- The hirer shall owe the user company the user rate for the supply of the labour force, unless otherwise agreed.
- The hiring rate is in direct proportion to the wages payable to the worker in accordance with the NBBU Collective Labour Agreement for Temporary Agency Workers. The labour force's wage and benefits are determined prior to the placement and, if necessary, during the placement and are equal to the remuneration of the comparable employee working in an equal or equivalent position in the hirer's service (the so-called hirer's remuneration).
- The hirer's remuneration consists of:
- only the applicable period wage in the scale;
- the applicable working time reduction;
- all allowances for working irregular hours and/or under (physically) stressful circumstances related to the nature of the work. Examples include (non-exhaustive): overtime, working evening, weekend and holiday hours, shift work, low and/or high temperatures, dangerous substances, dirty work);
- initial wage increase (from the same time as at the hirer);
- untaxed expense allowances;
- periodicals;
- reimbursement of travel time and/or travelling time associated with work;
- one-off benefits;
- If the manpower is not classifiable in the job structure at the hirer, the manpower's remuneration is determined on the basis of discussions held by the company with the manpower and hirer. This will include consideration of the required capabilities entailed in filling the position, responsibilities, experience and level of education.
- Rate changes as a result of a change in the hirer's remuneration, collective labour agreement obligations and changes in or as a result of legislation and regulations such as tax and social legislation and regulations, shall be passed on to the hirer with effect from the time of those changes and shall 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.
CHAPTER 2B PROVISION OF LABOUR: PAYROLLING
Article 22 Applicability of general provisions
The provisions of Chapters 1 and 2 of these general terms and conditions shall apply to the provision of workers with a payroll contract within the meaning of Article 7:692 of the Netherlands Civil Code, as named in Article 12.
Article 23 Information obligation of hirer in case of payrolling
If there is successive employership, the hirer shall correctly and fully inform the company about the labour force'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 user company shall owe the user rate to the company 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 labour force is entitled to at least the same working conditions as apply to employees employed by the hirer, working in equal or equivalent positions. Notwithstanding this, an adequate pension scheme may apply.
- Before the posting starts, the hirer informs the company in writing about the collective agreement or remuneration scheme applicable in its company, the legal status scheme included therein, the pension scheme and furthermore about all (interim changes to the) terms and conditions of employment of 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 employment conditions, collective labour agreement obligations and changes in or as a result of legislation and regulations, such as tax and social legislation and regulations, shall be passed on to the hirer as from the time of those changes and shall be owed by the hirer accordingly, even if those changes occur during the term of a hiring agreement.
- If a worker does not meet the job requirements set by the hirer and the hirer did not play a role in the allocation process (recruitment and selection) of the worker, the hirer is entitled to notify the company within 4 hours of commencement of the work. In that case, the hirer shall be obliged to pay the company at least the wage due to the labour force, plus the employer's share of social security contributions and premium tax and obligations arising from the applicable collective labour agreement/reward rule.
- If there is an indefinite posting 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 agreement 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 working pattern of the payroll employee.
CHAPTER 3 CONDITIONS OF EMPLOYMENT
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 agency and the client.
Article 26 Remuneration and content of the employment contract
- The fee payable by the client to the employment placement agency may consist of either a pre-agreed fixed amount or a pre-agreed percentage of the full-time gross annual salary offered to the jobseeker plus holiday allowance.
- Unless agreed otherwise in writing, the fee referred to in paragraph 1 of this article shall only be due 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 jobseeker selected by the job placement agency. The fee shall also be due if the job-seeker selected by the 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 carries out the job placement are set out in the job placement contract.
- Any pro memoria items will be charged on a post-calculation basis.
Article 27 Commencement of employment relationship by client with 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 referred to in Article 16(2)) with a jobseeker selected by the job placement agency, it shall immediately owe the job placement agency the agreed fee.