General conditions

Chapter 1 General Provisions.

Article 1. Definitions.

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

1. Temporary Employment Agency: any natural or legal person that supplies temporary workers to a hirer in the exercise of its profession or business to perform work for that hirer;
2. Temporary worker: any natural person who performs or will perform work for a hirer through the agency of a temporary employment agency;
3. Hirer: Any natural or legal person that provides itself with temporary workers through a temporary employment agency;
4. Temporary employment contract: the contract between a temporary employment agency and a hirer under which a temporary worker will perform work for that hirer through the agency;
5. Hirer rate: the hourly amount payable by the hirer to the temporary employment agency for the posting of the temporary worker;
6. Temporary employment contract: the employment contract in which the temporary worker is made available by the temporary employment agency to a hirer in order to perform work under the supervision and management of that hirer pursuant to a temporary employment contract concluded by it with the temporary employment agency;
7. Employment agency enterprise: any natural or legal person that assists an employer, a job seeker, or both, in the search for labor or employment, respectively, with the aim of establishing a contract of employment under civil law or appointment as a civil servant;
8. Client: any natural or legal person using the services of an employment agency;
9. Employment placement agreement: the agreement between an employment placement company and a client and/or job seeker to provide the services mentioned in paragraph 7;
10. Where reference is made in these general terms and conditions to temporary workers, it means male and female temporary workers and where reference is made to him and/or him, it means him/her or him/her.

Article 2. Applicability of these terms and conditions.

1. These terms and conditions apply to every offer made by the temporary employment agency to and every hiring contract between the temporary employment agency and a hirer to which the temporary employment agency has declared these terms and conditions applicable, as well as to the resulting supplies and services of any kind between the temporary employment agency and a hirer, insofar as these terms and conditions have not been expressly deviated from by the parties in writing.
2. The hirer with whom a contract was once concluded on these terms and conditions is deemed to tacitly agree to their applicability to a subsequent hiring contract concluded with the temporary employment agency.
3. All offers, regardless of how they are made, are without obligation.
4. The temporary employment agency is not bound by general terms and conditions of the hirer to the extent that they differ from these terms and conditions.
5. If any provision of these terms and conditions is void or is nullified, the other provisions of these terms and conditions shall remain in full force and the parties shall consult in order to agree new provisions to replace the void or nullified provisions, taking into account as far as possible the purpose and purport of the void or nullified provision.

Article 3. Method of billing.

1. The temporary employment agency's invoices are based in part on the timekeeping forms completed and approved by the hirer;
2. The hirer is responsible for the correct, timely and complete completion and approval of timekeeping forms, unless otherwise agreed;
3. In the event of a discrepancy between a timesheet submitted to the temporary employment agency and the copy retained by the hirer, the copy submitted to the temporary employment agency shall be deemed correct, unless the hirer demonstrates otherwise;
4. If the temporary worker disputes the information on the timekeeping form, the temporary employment agency may invoice the number of hours worked and other expenses according to the temporary worker's statement, unless the hirer proves that the timekeeping forms are correct.
5. If the hirer fails to comply with the provisions of paragraph 3 of this article, the temporary employment agency may decide to invoice a hirer on the basis of the facts and circumstances known to it. The temporary employment agency will not do so until there has been reasonable consultation with the hirer in this regard;
6. The hirer shall ensure that the invoices of the temporary employment agency are paid without any deduction, discount or setoff within 14 days from the invoice date;
7. Rate changes as a result of collective bargaining obligations and changes in or pursuant to laws and regulations, such as tax and social laws and regulations, shall be passed on to the hirer as of the time of such changes and shall be payable by the hirer accordingly, even if such changes occur during the term of a hiring agreement.

Article 4. Payment Terms.

1. Only direct payments to the temporary employment agency shall operate to discharge the hirer;
2. Direct payments or the provision of advances by the hirer to the temporary worker are not permitted, regardless of the reason or manner in which they are made. Such payments and provisions do not concern the temporary employment agency and provide no grounds for any debt repayment or setoff;
3. If the hirer disputes an invoice, the hirer shall notify the temporary employment agency in writing within eight days of the date of dispatch of the relevant invoice, on pain of forfeiting the right to dispute. A dispute of the invoice does not suspend the hirer's relief from payment;
4. If the hirer fails to pay any amount owed by it or fails to pay it on time or in full, it shall be in default by operation of law from the due date of the relevant invoice. From that moment the hirer shall also owe the temporary employment agency default interest of 1% per month, counting part of a month as a whole month, on the gross amount of the invoice;
5. All judicial and extrajudicial costs, including the costs of legal assistance, incurred by the temporary employment agency as a result of the hirer's failure to fulfil its payment obligations will be borne by the hirer. The temporary employment agency's extrajudicial collection costs, to be calculated on the amount to be collected, will be set at a minimum of € 500.00 and at least 15% of the principal sum.

Article 5. Dissolution.

1. If a party fails to fulfill its obligations under the hiring agreement, the other party -in addition to what is provided in the hiring agreement- is entitled to terminate the hiring agreement extrajudicially by registered letter. The dissolution will only take place after the defaulting party has been notified in writing of the notice of default and has been given a reasonable period of time to remedy the serious deficiency;
2. Furthermore, the one party is entitled, without any reminder or notice of default being required, to dissolve the hiring agreement in whole or in part with immediate effect by registered letter if: a. the other party applies for a (provisional) moratorium or is granted a (provisional) moratorium; b. the other party applies for its own bankruptcy or is declared bankrupt; c. the other party's business is liquidated; d. the other party's current business is seized, without the the business of the other party is liquidated; d. the other party discontinues its current business; e. a considerable part of the assets of the other party is seized through no fault of the other party, or if the other party must otherwise no longer be considered capable of fulfilling the obligations under the hiring agreement;
3. 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 that has not yet been performed by or on behalf of the temporary employment agency;
4. Amounts that the temporary employment agency has invoiced to the hirer before the dissolution in connection with what it has already performed in the execution of the hiring contract shall continue to be owed to it by the hirer in full and shall become immediately payable at the time of dissolution;
5. If the user company, after having been put in default in this respect, fails to fulfill any obligation ensuing from the hiring contract, or fails to do so in full or on time, the temporary employment agency will be entitled to suspend its obligations towards the user company, without being obliged to pay any compensation to the user company as a result. The temporary employment agency shall also be entitled to do so in the circumstances referred to in paragraph 2 of this article.

Article 6. Liability.

1. Subject to mandatory rules of law and with due observance of the general standards of reasonableness and fairness, the temporary employment agency is not obliged to pay any compensation for damage of whatever nature, direct or indirect, caused to the temporary worker or to goods or persons at or on behalf of the hirer or a third party, which damage is the result of The supply of the temporary worker by the temporary employment agency to the hirer, even if the temporary worker turns out not to meet the requirements set for him by the hirer; b. Unilateral termination of the temporary employment contract by the temporary worker; c. Acting or omitting to act on the part of the temporary worker, the hirer itself or a third party, including entering into obligations by the temporary worker;
2. Any liability of the temporary employment agency for any direct damage shall in any event be limited, per event, to 50% of the amount invoiced or to be invoiced in question. The temporary employment agency will never be liable for indirect damage, including consequential damage;
3. The hirer is obliged to ensure adequate, total coverage liability insurance for all direct and indirect damages referred to in paragraph 1 of this article;
4. In any event, the hirer must indemnify the temporary employment agency against any claims by the temporary worker or third parties for compensation for damage as referred to in paragraph 1 of this article suffered by that temporary worker or third parties;
5. The limitations of liability included in paragraphs 1 and 2 of this Article will cease to apply if there is intent or gross negligence on the part of the temporary employment agency and/or its managerial staff;
6. The temporary employment agency shall at all times be entitled, if and insofar as possible, to undo any damage suffered by the hirer. This also includes the temporary employment agency's right to take measures to prevent or limit any damage.

Article 7. Force Majeure.

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

Article 8 Disputes.

1. The hiring agreement is governed by Dutch law;
2. With respect to disputes between the parties related to the hiring agreement, the Dutch courts shall have exclusive jurisdiction;
3. Insofar as the adjudication of such disputes falls within the jurisdiction of the court, they shall be adjudicated exclusively by the court within the district in which the temporary employment agency is established.

Chapter 2. Conditions for the provision of temporary workers.

Article 9. Hiring of temporary workers.

1. The temporary employment contract is entered into between the temporary worker and the temporary employment agency. The NBBU collective labor agreement for temporary workers applies to the temporary employment contract. No employment contract exists between the hirer and the temporary worker;
2. When the temporary worker is made available by the temporary employment agency to the hirer, the temporary worker actually works under the management and supervision of the hirer. In doing so, the hirer exercises the same due care as it does towards its own employees. As a formal employer, the temporary employment agency has no insight into the workplace and the work to be performed;
3. The work will be performed as agreed in the hiring contract. If the hirer wishes to deviate from this during the hiring contract, this shall only be done in consultation with the temporary employment agency.

Article 10. (Hourly) remuneration and other allowances of the temporary worker.

1. 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, see subsections 4 and 6 below) and the applicable laws and regulations, on the basis of the job description provided by the principal;
2. The wage and other allowances include the following components: a. only the applicable period wage in the scale; b. the applicable working hour reduction. At the temporary employment agency's own discretion, this may be compensated in time and/or money; c. allowances for overtime, shifted working hours, irregular hours (including the public holiday bonus) and shift work; d. initial wage increase; e. tax-free expense allowances: travel costs, boarding house costs and other costs that are necessary on account of performing the work; f. period-linked salary amounts.
3. The hirer shall inform the temporary employment agency in good time about the components referred to in Paragraph 2. If the hirer provides the temporary employment agency with incorrect information about these components, the temporary employment agency will be entitled, with retroactive effect, to correct the temporary worker's wages and other allowances as well as the hirer's rate accordingly and charge them to the hirer from the time of commencement of the job in question;
4. If the pay and allowances of the temporary worker cannot be determined in accordance with the pay ratio rule, they will be determined in consultation between the temporary employment agency, temporary worker and hirer. The guiding principle here is the educational level and experience of the temporary worker, as well as the responsibilities and required capacities that fulfillment of the position entails;
5. If, after the temporary worker has appeared at the workplace, the hirer makes use of the temporary worker's offer of work for less than three hours, the hirer is obliged to pay the hiring rate for at least three hours per call if: a. the agreed scope of work is less than 15 hours per week and the working hours have not been fixed; or b. the hirer has not fixed the scope of work or has not unambiguously fixed the scope of work.
6. If the user company's business obliges the temporary worker to have certain supplies, such as a certificate of good conduct or personal protective equipment, these will be provided by the user company insofar as possible. If the supplies are provided by the temporary employment agency, the temporary employment agency is entitled to charge the hirer for the related costs.

Article 11. Content of the hiring agreement and notice periods.

1. The hiring contract shall state the duration of the posting of the temporary worker and, if it is not clear in advance, as precise an estimate of it as possible. Insofar as possible and desirable, it shall further specify the starting and ending dates of the posting, the number of hours to be worked, the notice period and the temporary worker's terms of employment;
2. If the temporary employment clause applies to the temporary employment contract, the temporary employment agency or the hirer need not observe a notice period if they wish to terminate the posting prematurely, unless otherwise agreed in writing;
3. If the temporary employment clause does not apply to the temporary employment contract, it is a fixed-term or indefinite-term temporary employment contract. In this case, the hiring contract ends only by the expiration of the agreed duration of the posting, unless otherwise agreed in writing;
4. If the hirer wishes to prematurely terminate the posting of the temporary worker working under a fixed-term or open-ended temporary employment contract, the hirer shall owe the temporary employment agency an immediately payable compensation. This fee amounts to 100% of the most recently applicable user fee for the temporary worker concerned, multiplied by the number of hours agreed upon in the hiring contract, situated in the period from the time of premature termination to the time of expiry of the hiring contract as initially agreed upon;
5. If the hirer wishes to terminate the posting while nothing has been agreed regarding the duration of the posting and the temporary worker is working on the basis of the temporary employment contract for a fixed or indefinite period, a notice period of 20 working days applies, unless otherwise agreed in writing.

Article 12. Establishment of direct employment relationship by hirer with temporary worker.

1. If the hirer wishes to enter into an employment contract directly or any other type of employment relationship with a temporary worker posted or to be posted to it by the temporary employment agency, it shall immediately notify the temporary employment agency in writing. The parties will then consult to discuss the hirer's wishes;
2. A different type of employment relationship as referred to in this article means, among other things: a. appointment as a civil servant b. assignment contract c. contract for work d. having the temporary worker made available to the hirer by a third party (for example, another temporary employment agency) for the same or different work;
3. The hirer does not enter into an employment contract directly with the temporary worker if the temporary worker has not validly terminated the temporary employment contract with the temporary employment agency.

Article 13. Selection of temporary workers.

1. The temporary worker is selected by the temporary employment agency on the one hand on the basis of the qualities and skills of the temporary workers available for assignment known to the temporary employment agency and on the other hand on the basis of the information provided by the hirer to the temporary employment agency concerning the work to be assigned;
2. Non-functional requirements when providing information on the work to be assigned, as referred to in paragraph 1 of this article, cannot be made by the hirer. In any case, they will not be honored by the temporary employment agency;
3. If a temporary worker does not meet the requirements set by the hirer, the hirer is entitled to notify the temporary employment agency within 4 hours of the start of the work. In that case, the hirer shall be obliged to pay the temporary employment agency at least the remuneration and allowances owed to the temporary worker, plus the employer's share of the social security charges and contributions and obligations arising from the collective labor agreement;
4. During the term of the hiring contract, the temporary employment agency is entitled to make a proposal to replace the temporary worker, for example, if the temporary worker is no longer able to perform the work. The hiring rate will then be reset.

Article 14. Hirer's duty of care and indemnity to the temporary employment agency.

1. The hirer is aware of its obligation under the Working Conditions Act and Section 7: 658 of the Dutch Civil Code to ensure a safe workplace for the temporary worker. The hirer provides the temporary worker with concrete instructions to prevent the temporary worker from suffering harm in the performance of his work. The hirer also provides the temporary worker with personal protective equipment insofar as necessary;
2. In good time before the posting commences, the hirer provides the temporary worker and the temporary employment agency with the necessary information on the required professional qualification of the temporary worker, as well as the Risk Inventory and Evaluation (RI&E), containing the specific characteristics of the work place to be hired;
3. The hirer shall not on-lend the temporary worker hired by it to a third party to work under its supervision and management without the consent of the temporary employment agency;
4. The hirer is liable to the temporary worker and temporary employment agency for, and consequently obliged to compensate, the damage suffered by the temporary worker in the performance of his work, unless the damage is to a significant extent the result of intent or deliberate recklessness on the part of the temporary worker, all subject to the provisions of Article 6;
5. If the temporary worker suffers such injury in the performance of his work that death results, the hirer shall be liable to the persons referred to in Section 6:108 of the Netherlands Civil Code and to the temporary employment agency, pursuant to Section 6:108 of the Netherlands Civil Code, 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 temporary worker, all subject to the provisions of Article 6;
6. The hirer shall at all times indemnify the temporary employment agency against any claims made against the temporary employment agency on account of the failure of the hirer to fulfil the obligations referred to in Paragraph 1 of this Article and shall authorize the temporary employment agency to assign its claims in this respect to the party or parties directly concerned or to enforce them against the hirer also on behalf of the temporary employment agency.
7. The hirer is obliged to ensure adequate, total coverage liability insurance for all direct and indirect damages referred to in this article.

Article 15. Identification and personal data.

1. 1. Upon commencement of the posting of a temporary worker, the hirer establishes his identity on the basis of an original identity document and includes a copy of this document in its records;
2. The hirer shall treat the personal data of temporary workers coming to its knowledge in connection with the posting as confidential and shall process them in accordance with the provisions of the Personal Data Protection Act;
3. The temporary employment agency is not liable for any fines or claims imposed on the hirer for failing to fulfill its obligations as referred to in the preceding paragraphs.

Article 16. Company car and company closure.

1. If the hirer intends to provide the temporary worker with a car, the hirer shall notify the temporary employment agency without delay. Only in consultation with the temporary employment agency will the hirer agree with the temporary worker that the car may be driven privately, so that the temporary employment agency can take this into account in the payroll tax. If the hirer fails to do so, it will be obliged to compensate the temporary employment agency for the resulting damage, costs and (tax) consequences;
2. If a company closure or mandatory day off occurs during the posting, the hirer will inform the temporary employment agency of this when entering into the hiring contract so that the temporary employment agency can take it into account when determining the terms of employment. If the hirer fails to do so, it will owe the temporary employment agency the number of hours agreed in the hiring contract multiplied by the most recently applicable hiring rate for the duration of the company closure or mandatory day off.

Chapter 3. Conditions for job placement.

Article 17. Applicability of general provisions.

1. The provisions contained in Chapter 1 of these General Terms and Conditions shall apply mutatis mutandis to the relationship between employment agency and client, with the exception of the provisions of Article 3 paragraphs 1, 2, 3, 4, 5 and 7;
2. Where Chapter 1 of these General Terms and Conditions refers to "temporary employment agency", "hirer", "temporary worker" or "posting", in the case of employment mediation, these terms should be read respectively as "employment agency", "client", "job seeker" and "employment placement".

Article 18. Fee and content of employment contract.

1. The fee payable by the client to the job placement company may consist of either a pre-agreed fixed amount or a pre-agreed percentage of the full-time gross annual salary offered to the job seeker plus vacation allowance;
2. Unless otherwise agreed in writing, the fee referred to in paragraph 1 of this article shall be due only if the job placement has resulted in an employment contract or appointment as an official with a job seeker selected by the job placement company;
3. The job placement contract shall include, where relevant, the duration of job placement, the manner in which it is performed by the job placement company and the fee payable by the client to the job placement company for it;
4. The fee does not include the placement and production costs of advertisements, the travel and accommodation expenses of the job seeker and the cost of a psychological test. These and any other pro memorandum items will be charged on an after-the-fact basis.

Article 19. Establishment of employment relationship by client with job seeker.

1. If, during the term of the job placement order or within six months of its termination, the client itself enters into an employment contract directly with, or proceeds to appoint, a job-seeker selected by the job placement agency, it shall owe the job placement agency an immediately payable penalty, not subject to judicial mitigation, equal to the fee agreed with the client for the job placement or equal to the fee that would have been charged if no direct employment relationship as referred to above had been entered into.

Article 20. Selection of job seeker.

1. The job seeker will be selected by the employment placement company on the one hand based on the client's wishes provided to the employment placement company regarding his skills and abilities and information provided regarding the nature of the position and on the other hand based on the skills and abilities of the job seeker known to the employment placement company;
2. Non-functional requirements when providing wishes and information regarding the desired candidate and the nature of the position as referred to in the previous paragraph of this article cannot be made by the client. In any case, these will not be honored by the employment agency.