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General conditions

General conditions for the provision of flex workers

 

Article 1: Scope.

  1. 1. These general terms and conditions apply to all offers, assignments and other agreements of the employment agencies of Reduzs B.V. established in the Netherlands, insofar as they relate to the supply of secondment and/or temporary employees to principals.
  2. 2. Any purchasing or other terms and conditions of the client shall not apply.
  3. 3. Agreements deviating from these general terms and conditions shall apply only if validly agreed in writing.

Article 2: DefinitionsIn these general terms and conditions, the following definitions shall apply:

  1. 1. Temporary Employment Agency: the temporary employment agency established in the Netherlands of: Reduzs B.V. which, on the basis of a contract, makes secondment and/or temporary workers available to clients.
  2. 2. Temporary worker: any natural person who has entered into a secondment and/or temporary employment contract as referred to in Section 7:690 of the Netherlands Civil Code with the temporary employment agency in order to perform work for a third party under the management and supervision of that third party
  3. .3. Client: any natural or legal person that has a secondment and/or temporary worker perform work under its management and supervision under an assignment, as referred to in paragraph 4 of this article.
  4. 4. Assignment: the agreement between a principal and the temporary employment agency pursuant to which a single secondment and/or temporary employee, as referred to in subsection 2 of this Article, is placed at the principal's disposal by the temporary employment agency in order to perform work under the principal's management and supervision in exchange for payment of the principal's rate.
  5. 5. Posting: the employment of a temporary worker in the context of an assignment.
  6. 6. Temporary employment clause: the written provision in the employment contract between the temporary employment agency and the temporary employee and/or in the collective employment 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).
  7. 7. CLA: the collective bargaining agreement for temporary workers concluded between the Algemene Bond Uitzendondernemingen (ABU) on the one hand and FNV Bondgenoten, CNV Dienstenbond and De Unie on the other.
  8. 8. Client rate: The rate payable by the Client to the temporary employment agency, excluding surcharges, expense allowances and VAT. The rate is calculated per hour unless otherwise stated.
  9. 9. Hirer's Remuneration: The hirer's remuneration as defined in the collective bargaining agreement.
  10. 10. Week: The calendar week that begins on Monday at 0:00 a.m. and ends on Sunday at midnight.

Article 3: The assignment and the postingAssignment

  1. The assignment is entered into for a definite or indefinite period.
  2. 2. The assignment for a definite period is the assignment that is entered into:a) either for a fixed period;b) or for a definable period;c) or for a definable period that does not exceed a fixed period.The assignment for a definite period ends by operation of law by the expiration of the agreed period or by the occurrence of a predetermined objectively determinable event.End of assignment
  3. Cancellation of an assignment for an indefinite period must be done in writing, taking into account a notice period of 15 calendar days.
  4. 4. Premature termination of the assignment for a definite period is not possible, unless otherwise agreed in writing. If premature termination has been agreed upon, termination is possible with a notice period of 15 calendar days. Notice of termination must be given in writing.
  5. 5. Any assignment will end immediately on account of dissolution at the time that either party invokes the dissolution of the assignment because:a) the other party is in default;b) the other party has been liquidated;c) the other party has been declared bankrupt or has applied for a suspension of payments.If the temporary employment agency invokes dissolution on one of these grounds, the principal's conduct on which the dissolution is based implies that the principal's request to terminate the posting is implied. This does not result in any liability on the part of the temporary employment agency for any damage suffered by the principal as a result. The temporary employment agency's claims will be immediately due and payable as a result of the dissolution.
  6. 6. 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 terminated.
  7. 7. If the temporary employment clause applies between the temporary employee and the temporary employment agency the posting of the temporary employee will end at the principal's request at the time that the temporary employee states that he is unable to perform the work due to incapacity for work.Insofar as necessary the principal is deemed to have made this request. If requested the principal will confirm this request to the temporary employment agency in writing.
  8. 8. The posting will end by operation of law if and as soon as the temporary employment agency can no longer post the temporary employee because the employment contract between the temporary employment agency and the temporary employee has ended and that employment contract is not subsequently continued for the benefit of the same principal. In that case the temporary employment agency will not have failed imputably towards the principal nor will it be liable for any damage that the principal sustains as a result.
  9. 9. The principal will inform the temporary employment agency in a timely manner about the termination or continuation of the assignment with due observance of Article 6 subsection 1 in order to enable the temporary employment agency to properly and fully comply with its obligations in respect of a statutory notice period.

Article 4: Replacement and availability

  1. 1. The temporary employment agency will be entitled to offer a replacement temporary employee during the term of the assignment. This does not require the principal's consent. The principal will refuse cooperation on replacement only on reasonable grounds.
  2. 2. The temporary employment agency is at all times entitled to propose to the principal that a temporary employee who has been posted to work be replaced by another temporary employee to continue the assignment with a view to the temporary employment agency's company policy or personnel policy, the safeguarding of jobs or compliance with applicable laws and regulations, in particular the dismissal guideline for the temporary employment sector. The principal will reject such a proposal only on reasonable grounds. If requested the principal will motivate any rejection in writing.
  3. The temporary employment agency is not attributable to any shortcomings towards the client and is not obliged to compensate the client for any damage or costs if, for whatever reason, the temporary employment agency cannot (or no longer) hire a (replacement) temporary worker, or at least not (anymore) in the manner and in the can make available to the client as agreed upon at the time of the assignment or subsequently.
  4. If the temporary worker is replaced by another temporary worker, the hourly remuneration for the replacing temporary worker will be redetermined on the basis stated in Article 9 of these general terms and conditions and the client rate will be adjusted accordingly in consultation.

Article 5: Right of suspension

  1. 1. The principal is not entitled to temporarily suspend all or part of the employment of the temporary worker unless there is a case of force majeure within the meaning of Section 6:75 of the Dutch Civil Code.
  2. 2. Contrary to subsection 1 of this Article suspension is possible if:- it is agreed in writing and the term of the suspension is specified;-and the principal demonstrates that there is temporarily no work available or that the temporary employee cannot be put to work;-and the temporary employment agency can successfully invoke the exclusion of the obligation to continue paying wages on the ground of the Collective Employment Agreement towards the temporary employee.
  3. 3. If the principal is not entitled to temporarily suspend the employment but the principal temporarily does not have any work for the temporary employee or is unable to employ the temporary employee, for the term of the assignment the principal will be obliged to pay the temporary employment agency the principal's rate in full for the number of hours and overtime hours that most recently apply or are customary for each period (week, month, etc.) pursuant to the assignment.

Article 6: Working procedure

  1. 1. The principal will provide the temporary employment agency with an accurate description of the position, job requirements, working hours, working hours, work, work location,working conditions and the intended duration of the assignment before the assignment begins.
  2. 2. The temporary employment agency will determine which temporary employees it will propose to the principal for the execution of the assignment on the basis of the information provided by the principal and the capacity, knowledge and skills of the temporary employees that are eligible for posting. The principal is entitled to reject the proposed temporary worker, as a result of which the posting of the proposed temporary worker will not take place.
  3. 3. The temporary employment agency will not be in default towards the principal and will not be obliged to compensate any damage if the contacts between the principal and the temporary employment agency prior to a possible assignment, including a concrete request from the principal to supply a temporary employee, do not lead to the actual availability of a temporary employee for any reason whatsoever or not within the term desired by the principal.
  4. 4. The temporary employment agency is not liable for any damage as a result of the deployment of workers that do not appear to meet the requirements stipulated by the principal unless the principal submits a written complaint in that respect to the temporary employment agency within a reasonable term after the commencement of the posting and proves in that respect that there was intent or deliberate recklessness on the part of the temporary employment agency in the selection.

Article 7: Working hours and working hours

  1. 1. The scope of work and the temporary employee's working hours at the principal will be laid down in the order confirmation or agreed otherwise. The temporary employee's working hours, working time and rest times will be the same as the relevant times and hours customary at the principal's premises unless otherwise agreed. The principal guarantees that the temporary employee's working hours and rest and break times meet the statutory requirements. The principal will ensure that the temporary employee does not exceed the legally permitted working hours and the agreed scope of work.
  2. 2. Vacation and leave of the temporary worker will be arranged in accordance with the law and the collective bargaining agreement.
  3. 3. If and insofar as the temporary employee requires specific training or (work) instructions in order to perform the assignment, the hours spent by the temporary employee on such training and/or work instructions will be charged to the principal as hours worked. Hours spent on other training not specifically required for the assignment will not be charged to the client unless otherwise agreed. The periods of absence required for other training will be determined in consultation between the principal and the temporary employment agency and, if possible, agreed at the commencement of the assignment.

Article 8: Company closures and mandatory days off

  1. 1. When entering into the assignment the principal must inform the temporary employment agency of any company closure and collective mandatory days off during the term of the assignment so that the temporary employment agency can, if possible, make that circumstance part of the employment contract with the temporary employee. If an intention to adopt a company closure and/or collective mandatory days off becomes known after the assignment is entered into, the principal must inform the temporary employment agency immediately after that becomes known. If the principal fails to inform the temporary employment agency in a timely manner, for the term of the company closure the principal will be obliged to pay the temporary employment agency the principal's rate in full for the number of hours and overtime hours per period that most recently applied or were customary pursuant to the assignment and conditions.

Article 9: Job and remuneration

  1. 1. Before the commencement of the assignment, the Client shall provide the description of the position to be performed by the temporary worker and the corresponding classification in the Client's remuneration scheme.
  2. 2. The temporary employee's remuneration, including any bonuses and expense allowances, is determined in accordance with the collective employment agreement (including the provisions regarding the hirer's remuneration, see subsections 4 and 6 below) and the applicable laws and regulations, on the basis of the job description provided by the principal.
  3. 3. If at any time it appears that the job description and the related pay scale do not correspond with the position actually held by the temporary employee the principal will immediately provide the temporary employment agency with the correct job description and related pay scale. The temporary worker's remuneration will be determined anew on the basis of the new job description. The job and/or grade may be adjusted during the assignment,if the temporary agency worker reasonably claims such adjustment on the grounds of statutory regulations, the Collective Labour Agreement and/or the hirer's remuneration. If the adjustment results in a higher remuneration the temporary employment agency will correct the temporary employee's remuneration and the principal's rate accordingly. The principal will owe the temporary employment agency this corrected rate from the time the actual position is held.
  4. The temporary employment agency is obliged under the collective labor agreement to apply the hirer's remuneration from the first day of posting.
  5. The client will provide the temporary employment agency in a timely manner, before the first day of placement, with information about all elements of the hirer's remuneration (with regard to the amounts and timing of initial wage increases; to the extent known at that time).
  6. If the temporary employment agency has agreed with the client to apply the hirer's remuneration with effect from the first working day of the temporary worker and/or if there is a skilled worker scheme, the temporary employment agency will apply the hirer's remuneration from the first working day of the temporary worker and the client will inform the client before the start of the activities, provide the temporary employment agency with the information referred to in paragraph 5 of this article.
  7. The client will inform the temporary employment agency in a timely manner and in any case immediately upon becoming aware of changes in the hirer's remuneration and of established initial salary increases and/or one-off payments.
  8. If and insofar as the client provides incorrect or incomplete information in the context of this article, all consequences arising from this will be borne by the client. The client will indemnify the temporary employment agency in this regard.
  9. Allowances and allowances such as overtime, travel time/travel time, physically demanding conditions, shift work or irregularity, at special times or days (including public holidays), shifted hours and/or on-call or availability shifts are rewarded in accordance with the ABU Collective Labor Agreement and/or other applicable employment conditions regulations. and are passed on to the client.

Article 10: Good management and supervision/good principalship

  1. The client will behave towards the temporary worker in the exercise of supervision or management, as well as with regard to the execution of the work, in the same careful manner as he is obliged to do towards his own employees.
  2. The client is not permitted to 'lend' the temporary worker to a third party; that is to say, to make it available to a third party for the performance of work under the supervision or direction of this third party. Lending also includes the client making a temporary worker available to a (legal) person with whom the client is affiliated in a group (concern).
  3. The client may only employ the temporary worker in deviation from the provisions of the assignment and conditions if the temporary employment agency and the temporary worker have agreed to this in writing in advance. Conditions may be imposed on this consent.
  4. Employment of the temporary worker abroad by a client established in the Netherlands is only possible under the strict management and supervision of the client and for a fixed period of time, if this has been agreed in writing with the temporary employment agency and the temporary worker has agreed to this in writing.
  5. The client will compensate the temporary worker for any damage he or she suffers because an item belonging to him, which was used in the context of the assigned work, was damaged or destroyed.
  6. The temporary employment agency is not liable to the client for damage and losses to the client, third parties or to the temporary worker himself that arise from actions or omissions of the temporary worker.
  7. The temporary employment agency is not liable to the client for obligations that temporary workers have entered into with or that have arisen for them towards the client or third parties, whether or not with the consent of the client or those third parties.
  8. The client indemnifies the temporary employment agency against any liability (including costs, including the actual costs of legal assistance) of the temporary employment agency as employer of the temporary worker - directly or indirectly - with regard to the damages, losses and obligations referred to in paragraphs 5, 6 and 7 of this article.
  9. The client will, as far as possible, take out adequate insurance against liability on the basis of the provisions of this article. At the request of the temporary employment agency, the client will provide valid proof (policy) of the insurance.

Article 11: Working conditions

  1. The client declares that he is aware of the fact that he is regarded as an employer in the Working Conditions Act.
  2. The client 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 field of safety in the workplace and good working conditions in general. As a result, the client will, among other things, arrange and maintain the premises, equipment and tools in or with which he allows the temporary worker to carry out work, and take such measures and provide instructions for the temporary worker to carry out the work as is reasonably necessary to prevent the temporary worker suffers damage in the broadest sense of the word when carrying out the work.
  3. The client is obliged to provide the temporary worker and the temporary employment agency with written information in a timely manner, in any case one working day before the start of the work, about the required professional qualifications and the specific characteristics of the job to be occupied. The client actively provides the temporary worker with information regarding the Risk Inventory and Evaluation (RIE) used within his company.
  4. If the temporary worker suffers an industrial accident or an occupational disease, the client will, if legally required, immediately inform the competent authorities of this and ensure that a written report is drawn up without delay. The report records the circumstances of the accident in such a way that it can be determined with a reasonable degree of certainty whether and to what extent the accident is the result of insufficient measures being taken to prevent the accident or the occupational disease. The client informs the temporary employment agency as soon as possible about the industrial accident or occupational disease and submits a copy of the report drawn up.
  5. The client will compensate the temporary worker - and indemnify the temporary employment agency against - all damage (including costs including the actual costs of legal assistance) that the temporary worker suffers in the context of the performance of his work, if and insofar as the client and/or the temporary employment agency is or are liable for this on the basis of Article 7:658 and/or Article 7:611 of the Dutch Civil Code.
  6. If the industrial accident leads to death, the client is obliged to compensate the damage (including costs including the actual costs of legal assistance) in accordance with Article 6:108 of the Dutch Civil Code to the persons mentioned in that article.
  7. The client will take out adequate insurance against liability on the basis of the provisions of this article. At the request of the temporary employment agency, the client will provide valid proof (policy) of insurance.

Article 12: Client's liability

  1. The client who fails to comply with the obligations arising from these general terms and conditions is obliged to compensate the temporary employment agency for all resulting damage (including all costs, including those of legal assistance), without prior notice of default being required, and he must indemnify the temporary employment agency in this regard if necessary. . This does not affect the fact that the temporary employment agency can bring any other claims, such as invoking dissolution. The provisions of this article are of general application, both – if necessary additionally – with regard to subjects for which the obligation to pay compensation has already been regulated separately in these general terms and conditions and with regard to subjects for which this is not the case.

Article 13: Client rate

  1. The client rate owed by the client to the temporary employment agency is calculated on the basis of the hours to which the temporary employment agency is entitled on the basis of the assignment and/or conditions and is always calculated at least on the hours actually worked by the temporary worker. The client rate is multiplied by the allowances and increased by the cost reimbursements that the temporary employment agency owes to the temporary worker. VAT is charged on the client rate, surcharges and expense reimbursements.
  2. If at any time, in accordance with Article 9 paragraph 4 of these general terms and conditions, the hirer's remuneration must be applied, the temporary employment agency will re-determine the remuneration of the temporary worker and the client rate on the basis of the information provided by the client regarding the job classification and hirer's remuneration. The remuneration and the client rate include all elements of the hirer's remuneration that apply to the client.
  3. In addition to the case referred to in paragraph 2, the temporary employment agency is in any case also entitled to adjust the client rate during the term of the assignment if the costs of the temporary agency work increase: - as a result of changes to the collective labor agreement or to the wages regulated therein or changes of the collective labor agreement and/or employment conditions scheme applicable to the client or the wages regulated therein; - as a result of changes in or as a result of legislation and regulations, including changes in or as a result of social and tax legislation and regulations, the collective labor agreement or any binding provision; - as a result of a (periodic) wage increase and/or a (one-off) mandatory benefit, resulting from the collective labor agreement, the collective labor agreement and/or employment conditions scheme applicable to the client and/or law and regulations.
  4. If the client does not agree to payment of the adjusted client rate, in violation of paragraphs 2 and 3 of this article, this constitutes the client's request to terminate the provision.
  5. If during the term of an assignment, with the express prior written consent of the temporary employment agency, the temporary worker's position changes in the sense that the position corresponds to work that is lower classified, the hourly wages and client rate will remain unchanged.
  6. Any adjustment to the client rate will be announced by the temporary employment agency to the client as soon as possible and will be confirmed in writing to the client. If the remuneration and/or the client rate is/are set too low due to any cause attributable to the client, the temporary employment agency is entitled to retroactively bring the remuneration and the client rate to the correct level afterwards. The temporary employment agency can also charge the client for any underpayment by the client as a result and any costs incurred by the temporary employment agency as a result.

Article 14: Special minimum payment obligation of at least three hours

  1. If the scope of the work to be performed by the temporary worker and/or the working hours are not clearly recorded and the client does not give the temporary worker the opportunity to perform the agreed work or does less than three (consecutive) hours per call, the client is obliged to temporary employment agency owes the client rate per call for at least three or as many more hours as agreed to be paid.

Article 15: Entering into an employment relationship between the Client and a Temporary Worker

  1. The client is only entitled to enter into an employment relationship with a temporary worker made available to him by the temporary employment agency, if and insofar as the conditions stated in this article are met.
  2. In the context of this article, a temporary worker also includes: - the prospective temporary worker who is registered with the temporary employment agency; - the (prospective) temporary worker who has been introduced to the client;
  3. In the context of this article, entering into an employment relationship with a temporary worker means: - entering into an employment contract, a contract for work and/or an assignment agreement by the client with the temporary worker for the same or other work; - appointing of the temporary worker as a civil servant for the same or different work; - having the temporary worker in question made available to the client by a third party (for example another temporary employment agency) for the same or different work; - the temporary worker entering into an employment relationship with a third party for the same or different work, where the client and that third party are connected in a group or where one is a subsidiary of the other.
  4. The client will not enter into an employment relationship with a temporary worker as long as the temporary employment contract between the temporary worker and the temporary employment agency has not been legally terminated.
  5. The client will inform the temporary employment agency in writing in a timely manner of his intention to enter into an employment relationship with the temporary worker. So before he actually carries out that intention.
  6. If the client, in accordance with the provisions of the previous paragraphs of this article, enters into an employment relationship with a temporary worker who is made available to him on the basis of an assignment for an indefinite period, before that temporary worker has actually worked 1,560 hours on the basis of that assignment. the client owes the temporary employment agency compensation amounting to 25% of the last applicable client rate for 1560 hours minus the hours already worked by that temporary worker based on the assignment.
  7. If the client enters into an employment relationship with a temporary worker who is made available to him on the basis of a fixed-term assignment, the client owes compensation amounting to 25% of the last applicable client rate (calculated over the agreed or usual hours and additional hours). / overtime) over the remaining duration of the assignment or - in the case of an assignment that can be terminated prematurely - over the notice period not observed, on the understanding that the client always owes at least the compensation referred to in paragraph 6.
  8. If the client enters into an employment relationship with a temporary worker in accordance with the provisions of paragraphs 1 to 5, the assignment between the client and the temporary employment agency ends on the day on which that employment relationship commences.
  9. If the client enters into an employment relationship with the temporary worker within 3 months after his assignment to the client (regardless of whether it was based on an assignment for a fixed or indefinite period) has ended, he is liable to pay the compensation referred to in paragraph 6. This applies both in the event that the client has approached the temporary worker for this purpose - directly or via third parties - and when the temporary worker has applied to the client - directly or via third parties.
  10. If a (potential) client initially came into contact with a (prospective) temporary worker through the agency of the temporary employment agency, for example because he was introduced to him by the temporary employment agency, and that (potential) client within three months after the contact was established enters into an employment relationship with that (prospective) temporary worker without the provision being made available, that potential client owes compensation of 25% of the client rate that would have applied to the temporary worker concerned if the provision had been made, over 1,560 hours .
  11. The client also owes this compensation if the temporary worker approaches and/or applies for a job directly or via third parties, and as a result a direct or indirect employment relationship is entered into with the temporary worker in question. In the event that the temporary employment agency and the client have not yet agreed on a client rate with regard to the provision of the temporary worker, the client shall, without prejudice to the right of the temporary employment agency to claim full compensation, pay an amount of € 7,500.00 excluding VAT, immediately and in one lump sum. , without further notice or notice of default, is owed to the temporary employment agency.

Article 16: Invoicing

  1. Invoicing takes place on the basis of the method of time accounting agreed with the client and furthermore on the basis of what has been determined in the assignment, by agreement or these conditions. Unless otherwise agreed in writing, time registration is done by means of declaration forms approved in writing by the client.
  2. The client and temporary employment agency can agree that timekeeping will be done by means of a time registration system, an electronic and/or automation system or by means of overviews drawn up by or for the client.
  3. The client is responsible for correct and complete timekeeping and is obliged to ensure that the temporary worker's data contained therein is stated correctly and truthfully, such as: name of the temporary worker, the number of hours worked, overtime, irregular hours. and shift hours, the other hours for which the client rate is due under the terms and conditions of the assignment, any surcharges and any expenses actually incurred.
  4. If the client provides the time records, he ensures that the temporary employment agency has the time records following the week worked by the temporary worker. The client is responsible for the manner in which time sheets are provided to the temporary employment agency.
  5. Before the client provides the time sheets, he gives the temporary worker the opportunity to check the time sheets. If and insofar as the temporary worker disputes the information stated in the time sheet, the temporary employment agency is entitled to determine the hours and costs in accordance with the temporary worker's statement, unless the client can demonstrate that the information stated by him is correct.
  6. If time is recorded using declaration forms to be provided by the temporary worker, the client retains a copy of the declaration form. In the event of a discrepancy between the declaration form submitted by the temporary worker to the temporary employment agency and the copy retained by the client, the declaration form submitted by the temporary worker to the temporary employment agency will serve as full proof for the settlement, unless the client provides proof to the contrary.

Article 17: Payment

  1. The client is at all times obliged to pay every invoice from the temporary employment agency within 14 calendar days after the invoice date. If an invoice has not been paid within this period, the client will be legally in default from the first day after the expiry of the payment term, without notice of default, and will owe interest of 1% per calendar month on the outstanding amount, with part of a month for a full month is charged. The printout or copy of the invoice sent by the temporary employment agency to the client in the possession of the temporary employment agency serves as full proof of the interest owed and the day on which the interest calculation begins.
  2. If the client disputes the invoice in whole or in part, he must report this in writing to the temporary employment agency within fourteen calendar days of the invoice date, stating precise reasons. After this period, the client's right to dispute the invoice lapses. The burden of proof regarding timely dispute of the invoice rests on the client. Disputing the invoice does not release the client from his payment obligation.
  3. The client is not entitled to settle the invoice amount, regardless of whether he disputes it, against a counterclaim, whether justified or not, and/or to suspend payment of the invoice. This applies to all alleged counterclaims, including, for example, a fine caused by a temporary worker, costs for cleaning a company car, lost tools, etc.
  4. Only payments to the temporary employment agency or to a third party designated in writing by the temporary employment agency have a liberating effect. Payments by the client to a temporary worker, under whatever title, are non-binding towards the temporary employment agency and can never provide grounds for debt cancellation or settlement.
  5. If the financial position and/or payment behavior of the client gives reason to do so, in the opinion of the temporary employment agency, the client is obliged, at the written request of the temporary employment agency, to provide an advance and/or adequate security, by means of a bank guarantee, pledge or otherwise. , for his obligations towards the temporary employment agency. Security can be requested for both existing and future obligations, an advance only for future obligations. The size of the requested security and/or the requested advance must be proportionate to the size of the relevant obligations of the client.
  6. If the client does not provide the advance referred to in paragraph 5 or does not provide the requested security within the period set by the temporary employment agency, the client is in default without further notice of default being required and the temporary employment agency is therefore entitled to suspend the performance of all its obligations. suspend or request the dissolution of all orders from the client.
  7. All judicial and extrajudicial (collection) costs incurred by the temporary employment agency as a result of the client's failure to comply with its obligations under this article will be fully borne by the client. The compensation for extrajudicial costs is fixed at 15% of the principal amount due, including VAT and interest (with a minimum of € 300.00 per claim), unless the temporary employment agency has demonstrably incurred more costs. The fixed fee will always be payable by the client as soon as the client is in default and will be charged without further proof.

Article 18: Best efforts obligation and liability

  1. The temporary employment agency is obliged to make every effort to properly carry out the assignment. If and insofar as the temporary employment agency does not comply with this obligation, the temporary employment agency, with due observance of the provisions below in paragraphs 2 and 3 and the provisions elsewhere in the general terms and conditions, is obliged to compensate the client for the resulting direct damage, provided that the client possible, but no later than three months after the damage occurred or became known, submits a written complaint to the temporary employment agency and demonstrates that the damage is the direct result of an attributable shortcoming on the part of the temporary employment agency.
  2. Any liability of the temporary employment agency arising from the assignment is limited to the client rate to be charged by the temporary employment agency to the client for the execution of the assignment, for the agreed number of working hours and the agreed duration of the assignment up to a maximum of three months. The maximum amount to be paid out by the temporary employment agency will in no case exceed the amount to be paid out by its insurance.
  3. Liability of the temporary employment agency for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation, is in all cases excluded.

Article 19: Intellectual and industrial property

  1. At the request of the client, the temporary employment agency will have the temporary worker sign a written statement in order to ensure or promote - as far as necessary and possible - that all intellectual and industrial property rights to the results of the temporary worker's work are or will be vested. transferred to the client. If the temporary employment agency owes the temporary worker compensation in this regard or otherwise has to incur costs, the client owes the temporary employment agency equal compensation or equal costs.
  2. The client is free to enter into an agreement directly with the temporary worker or to submit a statement to him for signature regarding the intellectual and industrial property rights referred to in paragraph 1. The client informs the temporary employment agency of its intention to do so and provides a copy of the relevant agreement/statement to the temporary employment agency.
  3. The temporary employment agency is not liable to the client for any fine or penalty that the temporary worker forfeits or any damage suffered by the client as a result of the temporary worker invoking any intellectual and/or industrial property right.

Article 20: Confidentiality

  1. The temporary employment agency and the client will not provide confidential information from or about the other party, its activities and relationships, which has come to their attention as a result of the assignment, to third parties, unless - and then insofar as - provision of that information is necessary to complete the assignment. should be able to perform or they are subject to a legal obligation to disclose.
  2. At the request of the client, the temporary employment agency will oblige the temporary worker to maintain confidentiality regarding everything that he or she becomes aware of during the performance of the work, unless the temporary worker has a legal obligation to disclose.
  3. The client is free to directly oblige the temporary worker to maintain confidentiality. The client informs the temporary employment agency of his intention to do so and provides a copy of the relevant statement/agreement to the temporary employment agency. The temporary employment agency is not liable for a fine, penalty or any damage suffered by the client as a result of violation of this duty of confidentiality by the temporary worker.

Article 21: Special obligations regarding identity and processing of personal data

  1. The client to whom a temporary worker is made available by the temporary employment agency verifies and determines the identity of the temporary worker in accordance with the applicable legislation and regulations, including but not limited to the Foreign Nationals Employment Act (Wav), the Wage Tax Act. and the Compulsory Identification Act. The client will also comply with the administration and retention obligations imposed on him.
  2. With regard to foreigners, the client expressly declares that he/she is familiar with the Wav, including that, upon commencement of work by a foreigner, the client must receive a copy of the document referred to in Article 1, subsections 1 to 3 of the De-Identification Act, from the foreigner. receive. The client is responsible for carefully checking this document, determines the identity of the foreigner on the basis of this and includes a copy of the document in his administration. The employment agency is not responsible or liable for any fine imposed on the client under the Wav.
  3. The client expressly declares that it is familiar with the applicable laws and regulations regarding the processing of personal data. The temporary employment agency and the client will enable each other to comply with the aforementioned legislation. The client will in any case only use the personal data obtained through the temporary employment agency for the purpose for which it was obtained, will not store it for longer than permitted by law and regulations and will ensure adequate security of this personal data.

Article 22: Treatment of temporary agency workers

  1. The client and the temporary employment agency will not make any prohibited discrimination based on religion, belief, political opinion, gender, race, nationality, heterosexual or homosexual orientation, marital status, disability, chronic illness, age or any other reason. The client and temporary employment agency will only impose requirements relevant to the position or take them into account when issuing or carrying out the assignment, and when selecting and treating temporary workers.
  2. The client is familiar with the Whistleblower Act and guarantees that the temporary worker has access to the whistleblower scheme in the same way as his own staff if the client knows of such a scheme or applies to him.
  3. If the client has a complaints procedure with regard to the treatment of employees, he will guarantee that the temporary worker has access to this complaints procedure in the same way as his own staff. This only concerns complaints that do not concern the employment agency of the temporary employment agency. All this, insofar as there are no legal obligations otherwise.

Article 23: Participation

  1. The client is obliged to give the temporary worker who is a member of the works council of the temporary employment agency or of the works council of the client the opportunity to exercise these participation rights in accordance with legislation and regulations.
  2. If the temporary worker exercises participation in the client's company, the client also owes the client rate for the hours in which the temporary worker performs work during working hours or follows training in connection with exercising participation.
  3. The Client declares that it is aware of its information obligations under the Works Councils Act (hereinafter: WOR) regarding the (expected) deployment of temporary workers in its company. If and insofar as the client wishes to base the fulfillment of these information obligations on information provided or to be provided by the temporary employment agency, the provision of information will not go beyond what the WOR requires.

Article 24: Obligations with regard to the Act on Allocation of Labor by Intermediaries

  1. The client expressly declares that it is familiar with Article 8b of the Allocation of Labor Forces by Intermediaries Act 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 who work for its company. in equal or equivalent positions, unless the difference in treatment is justified for objective reasons.
  2. The client expressly declares that it is familiar with Article 8c of the Workforce Allocation Act by Intermediaries and ensures that any vacancies arising within its company are communicated to the temporary worker in a timely and clear manner, so that he or she has the same opportunities for an employment contract for an indefinite period as the employees of that company. .
  3. The client expressly declares that it is familiar with Article 10 of the Act on Allocation of Labor by Intermediaries. The temporary employment agency is not permitted to make employees available to the client or in the part of the client's company where there is a strike, lockout or company occupation. The client will inform the temporary employment agency in a timely and complete manner about the intention, commencement, continuation or termination of collective actions organized or unorganized by the trade unions, including but not limited to a strike, exclusion or company occupation. In the performance of its supervision and management of the temporary worker, the client will expressly not issue any assignments to the temporary worker that would violate Article 10 of the Waadi. Such as, but not limited to, having temporary workers carry out work that is normally carried out by employees who are currently participating in the collective actions. The client expressly declares that it is familiar with Article 12a of the Allocation of Labor Act by intermediaries. The client will provide timely and complete written or electronic information about the employment conditions to the temporary employment agency before the start of the posting and thereafter when necessary.

Article 25: Disputes and applicable law

  1. All disputes arising from or related to a legal relationship between parties to which these general terms and conditions apply will in the first instance be settled exclusively by the competent court of the district in which the head office of the temporary employment agency is located.
    2. These general terms and conditions and all offers, orders and other agreements are exclusively governed by Dutch law.

Article 26: (partial) voidability of general terms and conditions

  1. If one or more provisions of these general terms and conditions are void or annulled, the assignment and the general terms and conditions will otherwise remain in force. The provisions that are not legally valid or cannot be legally applied will be replaced by provisions that are as close as possible to the scope of the provisions to be replaced.

Article 27: Anti-discrimination policy

  1. Reduzs is convinced that diversity makes a positive contribution to successful collaboration between flexible workers, hirers and colleagues. Discrimination, in any form, is not tolerated within our organization and we do everything we can to prevent and combat discrimination. This is in line with general norms, values and legislation in the field of discrimination. For more information see: www.werkjemeezegnee.nl of the ABU.”Back office partner

    Recruitment Backoffice BV is our partner in the field of temporary employment software and HR services. This specialist is affiliated with ABU, NEN 4400-1, WKA, SNA and VCU certification, among others. They also have a G account. This means that you do business with a reliable party and you as a hirer are entitled to a tax indemnity regarding the hirer's liability.

    https://www.recruitmentbackoffice.nl/contact/