General conditions - Level One Uitzendbureau

General conditions for the provision of temporary workers

Article 1: Scope

These General Terms and Conditions shall apply to all offers, assignments and other agreements of Level One Holding B.V.’s employment agencies located in the Netherlands insofar as they relate to the supply of temporary employees to customers, as well as to all legal acts intended to effectuate such supply, including offers, proposals, quotations and quotations.
Any purchasing or other terms and conditions of the client shall not apply.
Agreements differing from these Terms and Conditions shall apply only if agreed in writing.

Article 2: Definitions.

Explanation of definitions mentioned in these Terms and Conditions:

Temporary Employment Agency: The temporary employment agency of Level One Holding B.V. based in the Netherlands that makes temporary workers available to clients on the basis of a contract.
Temporary Employee: Any natural person who has entered into a 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.
Client: Any natural or legal person that has a temporary worker perform work under its management and supervision in the context of an assignment referred to in paragraph 4 of this article.
Assignment: The agreement between a principal and the temporary employment agency pursuant to which a single temporary employee, as referred to in subsection 2 of this Article, is placed at the principal’s disposal by the temporary employment agency to perform work under the principal’s management and supervision in exchange for payment of the principal’s rate.
Posting: The employment of a temporary worker in the context of an assignment.
CLA: The collective bargaining agreement for temporary agency workers, concluded between the Algemene Bond Uitzendondernemingen (ABU) on the one hand and employee organizations involved. The aforementioned CLA applies to the assignment referred to in article 2 paragraph 4.
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.
Hirer’s Compensation: The hirer’s remuneration as defined in the CLA.

Article 3: The assignment and the posting

Assignment

The contract is entered into for a definite or indefinite period.
Fixed-term assignments are those entered into:
– or for a fixed period;
– or for a definable period;
– or for a definable period not exceeding a fixed period.

the fixed-term assignment shall terminate by operation of law by the expiration of the agreed time or by the occurrence of a predetermined objectively determinable event.

End of assignment

Termination of an assignment for an indefinite period of time must be done in writing with 15 calendar days’ notice.
Interim termination of the assignment for a definite period is not possible, unless otherwise agreed in writing. If interim termination has been agreed upon, termination is possible with a notice period of 15 calendar days. Notice of termination must be given in writing.
Any assignment shall terminate forthwith for rescission at the time either party invokes the rescission of the assignment because:
the other party is in default;
the other party is liquidated;
the other party is declared bankrupt or has filed for suspension of payments.

If the temporary employment agency invokes the dissolution on one of these grounds the principal’s conduct on which the dissolution is based implies the principal’s request to terminate the posting. 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. As a result of the dissolution the claims of the temporary employment agency will be immediately due and payable.

End of posting

The end of the assignment means the end of the posting. Termination of the assignment by the principal implies the principal’s request to the temporary employment agency to terminate the current posting(s) by the date on which the assignment is validly terminated or the date on which the assignment is validly dissolved, respectively.
The posting will end by operation of law if and as soon as the temporary employment agency is no longer able to 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. The principal will inform the temporary employment agency in a timely manner regarding the termination or continuation of the assignment in order to enable the temporary employment agency to properly and fully comply with its obligations regarding a statutory notice period.

The temporary employment agency does not imputably fail the principal in this case, nor is it liable for any damage suffered by the principal as a result.

Article 4: Replacement and availability

The temporary employment agency is entitled to offer a replacement temporary worker during the term of the assignment. The principal may reject such a proposal on reasonable grounds.
1. The temporary employment agency is at all times entitled to make a proposal to the principal to replace a posted temporary employee with another temporary employee with continuation of the assignment with a view to the temporary employment agency’s company policy or personnel policy, maintenance of employment 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 shall give reasons for any rejection in writing.
1. The temporary employment agency will not have failed imputably towards the principal and will not be obliged to compensate the principal for any damage or costs if the temporary employment agency for whatever reason cannot or can no longer or at least cannot provide the principal with a temporary employee or a replacement temporary employee in the manner and to the extent agreed in the assignment or subsequently.
1. If the laborer is replaced by another laborer, the hourly rate of pay with respect to the replacement laborer shall be re-determined on the basis as stated in Article 9 of these General Terms and Conditions and the client’s rate shall be adjusted accordingly.

Article 5: Right of suspension

The principal is not entitled to temporarily suspend all or part of the temporary worker’s employment unless there is a case of force majeure within the meaning of Section 6:75 of the Dutch Civil Code.
1. Notwithstanding paragraph 1 of this article, suspension is possible if:
This is agreed upon in writing and the term is specified; and
the principal demonstrates that there is temporarily no work available or the temporary worker cannot be employed; and
the temporary employment agency can successfully invoke the exclusion of the continued payment of wages obligation under the collective bargaining agreement against the temporary worker.

The client shall not owe the client fee for the duration of the suspension.

If the principal is not entitled to temporarily suspend the employment but the principal temporarily has no work for the temporary employee or is unable to employ the temporary employee, for the duration of the assignment the principal will be obliged to pay the temporary employment agency the principal’s fee in full in respect of the number of hours and overtime hours per period (week, month, and the like) that most recently applied or customary pursuant to the assignment.

Article 6: Working procedure

The principal shall provide the temporary employment agency with an accurate description of the position, job requirements, working hours, hours of work, duties, place of work, working conditions and the intended duration of the assignment before the assignment begins.
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 qualities, 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.
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 post a temporary employee, do not lead to the actual posting of a temporary employee for any reason whatsoever or not within the term desired by the principal.
If the temporary employment agency requires information from the principal in connection with the performance of its obligations under the law or the collective labor agreement, the principal will provide that information to the temporary employment agency free of charge upon its first request.
The temporary employment agency is not liable for any damage as a result of the deployment of workers who turn out not to meet the requirements set 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

The scope of work and the temporary employee’s working hours at the principal will be laid down in the order confirmation or otherwise agreed. The temporary employee’s working hours, working time and rest periods shall be equal to 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 working hours meet the statutory requirements. The principal shall ensure that the temporary employee does not exceed the legally permitted working hours and the agreed scope of work.
1. Vacation and leave of the temporary worker are regulated in accordance with the law and the collective bargaining agreement.
1. If the employee requires specific training or work instructions for the performance of the assignment, the hours spent on such training shall be charged to the client as hours worked. Hours spent on other training 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 upon at the start of the assignment.

Article 8: Company closures and mandatory days off

When entering into the assignment the principal must inform the temporary employment agency about 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 has been 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 fee 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

Prior to the commencement of the assignment the principal will provide the description of the position to be held by the temporary employee. The principal is also obliged to provide the temporary employment agency in writing, fully and correctly before the commencement of the assignment with the associated salary, the classification and information regarding all elements of the hirer’s remuneration (as regards amount and time: only and to the extent that that is known at that time). The principal is obliged – with due observance of Article 8 subsection 3 of the Netherlands Workforce Allocation by Intermediaries Act – to investigate whether the temporary employee is entitled to any other forms of remuneration that are not apparent from the collective employment agreement. In that case the principal must apply these forms of remuneration and provide these (wage) details to the temporary employment agency as referred to above.
The temporary employee’s remuneration, including any bonuses, expense allowances and benefits, shall be determined in accordance with the collective labor agreement (including the provisions concerning 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.
If at any time it appears that that job description and the corresponding grading do not correspond with the position actually held by the temporary employee, the principal shall provide the temporary employment agency with the correct job description and corresponding grading without delay. The temporary worker’s remuneration will be redetermined on the basis of the new job description. The job and/or grading may be adjusted during the assignment if the temporary worker reasonably claims such adjustment by reference to laws and regulations, the collective bargaining agreement and/or the hirer’s remuneration. If the adjustment results in 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 job is performed.
The principal shall inform the temporary employment agency in a timely manner, at least as soon as it becomes known, of changes in the hirer’s remuneration and of established initial wage increases. This paragraph does not apply if and as long as the temporary worker is remunerated in accordance with the collective agreement remuneration for the allocation group.
If and insofar as remuneration is determined for the temporary employee on account of nonclassification, the principal will inform the temporary employment agency in a timely manner and in any event immediately upon becoming aware of a change in the principal’s job matrix that results in the position performed by the temporary employee still being classifiable in the principal’s job matrix. In that case the remuneration and the principal’s rate will be adjusted in accordance with paragraph 3 of this article.
The principal shall inform the temporary employment agency of changes in the hirer’s remuneration and established initial wage increases in a timely manner and in any event immediately upon becoming known.
Overtime, work in shifts, at special times or days (including holidays) and/or shifted hours will be remunerated in accordance with the relevant regulation in the CLA or – if applicable – the hirer’s remuneration and will be passed on to the client.
All elements of the Borrower’s Compensation are passed on to the client.

Article 10: Proper exercise of direction and supervision

The principal shall conduct itself with respect to the temporary worker in the exercise of supervision or management, as well as with respect to the performance of the work, in the same careful manner as it is bound to do with its own employees.
The principal is not permitted to “on-lend” the temporary employee to a third party; in other words, to make the temporary employee available to a third party for the performance of work under the supervision or management of that third party. On-lending is also understood to mean the supply of a temporary employee by the principal to a person or legal entity with which the principal is affiliated in a group.
The principal may only employ the temporary worker in derogation of the provisions of the assignment and conditions if the temporary employment agency and the temporary worker have agreed to this in writing in advance.
Employment of the temporary worker abroad by a principal established in the Netherlands is only possible under the principal’s strict management and supervision and for a definite period of time if this has been agreed in writing with the temporary employment agency and the temporary worker has agreed to it in writing.
The principal shall compensate the temporary worker for any damage suffered by the temporary worker as a result of the damage or destruction of any property belonging to him that was used in the context of the assigned work.
The temporary employment agency is not liable to the principal for any damage or loss to the principal, third parties or the temporary employee himself arising from acts or omissions of the temporary employee.
The temporary employment agency is not liable to the principal for obligations that temporary employees have entered into with or that have arisen for them towards the principal or third parties, whether or not with the consent of the principal or those third parties.
The principal indemnifies the temporary employment agency against any liability (including costs including the actual costs of legal assistance) of the temporary employment agency as the temporary employee’s employer – directly or indirectly – in respect of the damages, losses and obligations referred to in paragraphs 5, 6 and 7 of this Article.
To the extent possible the principal will take out adequate insurance against liability pursuant to the provisions of this Article. At the request of the temporary employment agency the principal will provide proof of the insurance.

Article 11: Working conditions

The client declares its familiarity with the fact that it is considered an employer under the Working Conditions Act.
1. The principal is responsible towards the temporary employee and the temporary employment agency for compliance with the obligations arising from Section 7:658 of the Dutch Civil Code, the Working Conditions Act and the related regulations in respect of safety in the workplace, health, welfare and good working conditions in general. Client is also responsible towards the temporary employee and the temporary employment agency for compliance with laws and regulations in the field of employment conditions, including but not limited to the Law on allocation of workers by intermediaries, the Law on minimum wage and minimum holiday allowance and the Law on collective bargaining.
1. The principal is obliged to provide the temporary employee and the temporary employment agency with written information in a timely manner, at least one working day before the commencement of the work, regarding the required professional qualifications and the specific characteristics of the work place to be taken on. The principal actively informs the temporary employee regarding the Risk Inventory and Evaluation (RIE) used within its company.
1. If the temporary employee sustains an industrial accident or occupational disease, the principal shall, if required by law, notify the competent authorities forthwith and shall ensure that a written report is drawn up without delay. The report will state the circumstances of the occupational accident or illness in such a way that it can be determined with a reasonable degree of certainty whether and to what extent the occupational accident or illness was the result of the fact that insufficient measures were taken to prevent the accident or illness. The principal 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.
1. The principal shall compensate the temporary worker for all damage that the temporary worker suffers in the course of performing his work if and insofar as the principal is liable for it under Article 7:658 and/or Article 7:611 and/or Article 6:162 of the Civil Code.
1. The principal shall take out adequate insurance against liability pursuant to the provisions of this Article. At the request of the temporary employment agency the principal will provide proof of insurance.

Article 12: Principal’s liability

If the Principal fails to comply or comply properly with the obligations that ensue for it from these General Terms and Conditions, assignments and/or other agreements, it will be obliged to compensate the temporary employment agency for any damage that ensues (including all the costs, including the costs of legal assistance), without any prior notice of default being necessary, and it must indemnify the temporary employment agency in that respect if necessary. This does not affect the temporary employment agency’s right to bring any other claims, such as invoking dissolution. The provisions of this Article are of general application, both – supplementary if necessary – in respect of subjects where the obligation to pay compensation has already been provided for separately in these General Conditions and in respect of subjects where that is not the case.
1. The principal shall 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 performing his work. If the industrial accident results in death, the principal shall be obliged to compensate the damage and costs (including costs including the actual costs of legal assistance) in accordance with Article 6:108 of the Dutch Civil Code to the persons named in that Article.
1. The principal shall take out adequate insurance against liability pursuant to the provisions of this Article. At the request of the temporary employment agency the principal will provide proof of insurance.

Article 13: Client rate

The principal’s rate owed by the principal to the temporary employment agency will be calculated on the basis of the hours worked by the temporary employee and/or (if that number is higher) on the basis of the hours to which the temporary employment agency is entitled pursuant to the general terms and conditions, assignments and/or other agreements and/or the surcharges owed by the temporary employment agency to the temporary employee. The principal’s rate plus the expense allowances that the temporary employment agency owes the temporary worker. VAT will be charged on the principal’s rate and expense allowances.
The temporary employment agency is entitled to adjust the client rate during the term of the assignment if the costs of the temporary work increase:

– as a result of changes in the collective bargaining agreement or in the wages regulated thereunder, or changes in the collective bargaining agreement and/or employment conditions regulation in force at the client or the wages regulated thereunder;

– as a result of changes in or as a result of laws and regulations, including changes in or as a result of social and fiscal laws and regulations, the collective bargaining agreement or any binding regulations;

– as a result of a (periodic) wage increase and/or a (one-time) mandatory payment arising from the collective bargaining agreement, the collective bargaining agreement and/or employment conditions scheme and/or laws and regulations in force at the client.

If the principal does not agree to pay the adjusted principal’s rate pursuant to paragraph 2 and/or Article 9, therein lies the principal’s request to terminate the posting.
Any adjustment to the principal’s rate will be announced by the temporary employment agency to the principal as soon as possible and confirmed to the principal in writing.
If due to any cause attributable to the principal the remuneration has been set too low the temporary employment agency will also be entitled to determine the remuneration retroactively and to adjust and charge the principal’s rate accordingly with retroactive effect. The temporary employment agency may also charge the principal for that which the principal has underpaid as a result and for any costs that the temporary employment agency has incurred as a result.

Article 14: Employment of temporary workers by principal

The client is entitled to enter into an employment relationship with a temporary worker, provided that the conditions mentioned in this article are met.
The principal who intends to enter into an employment relationship with the temporary worker shall inform the temporary employment agency of this in writing in a timely manner before implementing this intention.
The principal shall not enter into an employment relationship with a temporary worker until the temporary employment contract between the temporary worker and the temporary employment agency has been validly terminated.
If the principal enters into an employment relationship with a temporary employee who is posted to it on the basis of an assignment for an indefinite period of time in accordance with the provisions stipulated above in subsections 1 through 3 of this Article before that temporary employee has worked 4,260 hours – on the basis of that assignment – the principal will owe the temporary employment agency a fee in the amount of 25% of the most recently applicable principal’s rate in respect of 4,260 hours less the hours – on the basis of the assignment – already worked by that temporary employee.
If the principal enters into an employment relationship with a temporary employee, who is posted to it on the basis of an assignment for a definite period, the principal shall owe a fee in the amount of 25% of the most recently applicable principal’s rate (calculated over the agreed or usual hours and overtime) for the remaining duration of the assignment or – in the event of an assignment that can be terminated prematurely – for the notice period that has not been observed, on the understanding that the principal shall always owe at least the fee referred to in paragraph 9.
If the principal enters into an employment relationship with a temporary employee in accordance with the provisions stipulated above in subsections 1 through 5 the assignment between the principal and the temporary employment agency will end as of the day on which that employment relationship commences.
If the principal enters into an employment relationship with the temporary employee within three months after his posting (regardless of whether it was based on an assignment for a fixed term or indefinite term) to the principal has ended, it will owe the fee referred to in subsection 4. This applies both in the event that the principal has approached the temporary employee for this purpose – either directly or through third parties – and when the temporary employee has applied for a job with the principal – either directly or through third parties.
If a (potential) principal has initially come into contact with a (prospective) temporary employee through the intervention of the temporary employment agency, for example because the temporary employment agency has introduced him or her to it, and that (potential) principal enters into an employment relationship with that (prospective) temporary employee within three months after the contact came about without the posting coming into effect, that potential principal will owe a fee of 25% of the principal’s rate that would have applied to the temporary employee in question if the posting had been made, in respect of 4,160 hours.
For the purposes of this article, entering into an employment relationship with a temporary worker means:
entering into an employment contract, a contract for work and/or a contract of assignment by the client with the temporary worker for the same or different work;
appointing the temporary worker as a public servant for the same or different work;
having the relevant temporary worker made available to the client by a third party (for example, another temporary employment agency) for the same or different work;
entering into an employment relationship by the temporary worker with a third party for the same or different work, where the client and that third party are connected in a group or one is a subsidiary of the other.

Article 15: Invoicing

Invoicing takes place on the basis of the method of timekeeping agreed with the client and furthermore on the basis of what is stipulated in the assignment, by agreement, assignments or these terms and conditions. Unless otherwise agreed in writing, timekeeping shall be done by means of claim forms approved in writing by the client.
The principal and temporary employment agency may agree that the timekeeping is 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 principal.
Client shall ensure correct and complete timekeeping records and shall be obliged to see to it or have it seen to that the temporary employee’s details contained therein are stated correctly and truthfully, such as: the temporary employee’s name, the number of hours worked, overtime hours, irregular hours and shift hours, the other hours in respect of which the client rate is owed pursuant to the assignment, conditions and other agreements, any surcharges and any expenses actually incurred.
If the principal provides the timekeeping records it will ensure that the temporary employment agency has the timekeeping records at its disposal immediately following the week worked by the temporary employee. The principal is responsible for the manner in which the timekeeping records are provided to the temporary employment agency.
Before providing the timekeeping records the principal shall give the temporary employee an opportunity to check the timekeeping records. If and insofar as the temporary employee disputes the information contained in the timekeeping records the temporary employment agency will be entitled to determine the hours and costs in accordance with the temporary employee’s statement unless the principal can prove that the information it has provided is correct. At the request of the temporary employment agency the principal will allow the principal to inspect the principal’s original time records and provide the principal with a copy thereof.
If the timekeeping is done by means of declaration forms to be provided by the temporary employee the principal will retain a copy of the declaration form. In the event of a discrepancy between the timesheet submitted by the temporary employee to the temporary employment agency and the copy retained by the principal the timesheet submitted by the temporary employee to the temporary employment agency will constitute full evidence for the purposes of settlement, unless evidence to the contrary is produced.

by the client.

Article 16: Payment

Client is required to pay any invoice from the temporary employment agency within 14 calendar days of the invoice date.
Only payments made to the temporary employment agency shall have discharging effect. Payments made by the principal to a temporary worker, under whatever title, are non-binding vis-à-vis the temporary employment agency and cannot constitute grounds for debt redemption or set-off.
If an invoice is not paid within the term referred to in subsection 1, the principal will be in default by operation of law from the first day after the payment term has expired and will owe interest of 1% per calendar month on the outstanding amount, whereby part of a month will be counted as a full month. The hard copy or copy of the invoice that the temporary employment agency sends to the principal will serve as full evidence of the interest being due and of the date on which the interest calculation commences.
If the principal disputes all or part of the invoice, it must notify the temporary employment agency in writing within fourteen calendar days of the invoice date, giving detailed reasons. After this period the Client’s right to dispute the invoice will lapse. The burden of proof regarding timely dispute of the invoice lies with the Client. Disputing the invoice does not release the Client from its payment obligation.
The client is not authorized to set off the invoice amount, regardless of whether it disputes it, against any counterclaim, whether justifiable or not, and/or to suspend payment of the invoice.
If in the opinion of the temporary employment agency the principal’s financial position and/or payment record gives reason to do so, the principal will be obliged, at the temporary employment agency’s written request, to provide an advance payment and/or adequate security, by means of a bank guarantee, pledge or otherwise, for its obligations towards the temporary employment agency. Security may be requested for both existing and future obligations, an advance payment only for future obligations. The extent of the security and/or advance payment requested must be in proportion to the extent of the Client’s relevant obligations.
If the principal does not provide the advance payment referred to in subsection 6 or does not provide the requested security within the term set by the temporary employment agency, the principal will be in default as a result without any further notice of default being required and the temporary employment agency will consequently be entitled to suspend the performance of all of its obligations or to invoke the dissolution of all of its assignments with the principal.
All judicial and extrajudicial (collection) costs that the temporary employment agency incurs as a result of the principal’s failure to comply with its obligations under this Article will be borne in full by the principal. The compensation in respect of the extrajudicial costs will be fixed at 15% of the principal amount due including VAT and interest (with a minimum of €3,250 per claim) unless the temporary employment agency has incurred demonstrably higher costs. The fixed compensation will always be payable by the Client as soon as the Client is in default and will be charged without further proof.

Article 17: Duty of effort and liability.

The temporary employment agency is obliged to make every effort to perform the assignment properly. If and insofar as the temporary employment agency fails to perform this obligation, the temporary employment agency will be obliged, with due observance of the provisions below in subsections 2 and 3 and elsewhere in the General Terms and Conditions, to compensate the principal’s direct damage that ensues from that failure, provided that the principal submits a written complaint in that respect to the temporary employment agency as soon as possible but not later than three months after that damage arises or becomes known and demonstrates in that respect that the damage is the direct result of an attributable failure on the part of the temporary employment agency.
Any liability on the part of the temporary employment agency that ensues from the assignment will be limited to the assignment rate that the temporary employment agency charges the principal for the execution of the assignment, in respect of 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 by the temporary employment agency will under no circumstances exceed the amount to be paid out under its insurance policy.
Liability of the temporary employment agency for indirect damages, including consequential damages, lost profits, lost savings and damages due to business interruption, is excluded in all cases.

Article 18: Intellectual and industrial property

At the principal’s request the temporary employment agency will have the temporary employee sign a written statement in order to ensure or promote – insofar as necessary and possible – that all intellectual and industrial property rights in respect of the results of the temporary employee’s work are or will be transferred to the principal. If the temporary employment agency owes the temporary employee a fee in this respect or otherwise incurs costs the principal will owe the temporary employment agency the same fee or the same costs.
The principal is free to enter into an agreement directly with the temporary employee or to submit a statement to it for signature in respect of the intellectual and industrial property rights referred to in subsection 1 of this Article. The principal will inform the temporary employment agency of its intention to do so and will provide the temporary employment agency with a copy of the agreement/statement drawn up in that respect.
The temporary employment agency is not liable to the principal for any fine or penalty that the temporary worker forfeits or any damage suffered by the principal as a result of the temporary worker invoking any right of intellectual and/or industrial property.

Article 19: Special obligations regarding identity and processing personal data

The principal to whom the temporary employment agency supplies a temporary employee will verify and establish the temporary employee’s identity in accordance with the applicable laws and regulations, including but not limited to the Dutch Foreign Nationals (Employment) Act [Wet arbeid vreemdelingen], the Dutch Wav (Wet op de loonbelasting) and the Dutch Compulsory Identification Act [Wet op de identificatieplicht]. The principal will also comply with its obligations in respect of administration and storage.
1. In the case of foreign nationals, the principal expressly declares that it is familiar with the Wav, including that the principal must receive a copy of the document referred to in Section 1, subsections 1 through 3 of the Compulsory Identification Act from the foreign national upon commencement of the foreign national’s work. The principal is responsible for carefully checking this document, establishing the identity of the foreign national on the basis thereof and including a copy of the document in its records. The temporary employment agency is not responsible or liable for any fine imposed on the principal under the Wav.
1. The principal expressly declares that it is familiar with the applicable laws and regulations regarding the processing of personal data. The temporary employment agency and the principal will enable each other to comply with the aforementioned legislation. Principal will in any event only use the personal data obtained through the temporary employment agency for the purpose for which it was obtained, will not store it any longer than permitted in accordance with the laws and regulations and will ensure adequate security of this personal data.

Article 20: Treatment of temporary worker

Client and temporary employment agency will not make prohibited distinctions, not based on religion, belief, political affiliation, gender, race, nationality, heterosexual or homosexual orientation, marital status, disability, chronic illness, age or any other ground.
Client and temporary employment agency will only set or take into account requirements relevant to the position when providing or performing the assignment, and in the selection and treatment of temporary employees.
The Client is familiar with the Whistleblowers Protection Act and guarantees that the temporary worker will have access to the whistleblower scheme in the same manner as its own staff if the Client has such a scheme or applies to it.
If the client has a complaints procedure regarding the treatment of employees, it will ensure that the temporary worker has access to this complaints procedure in the same way as its own staff. This only concerns complaints that do not concern the employment agency. All this, insofar as there are no legal obligations otherwise.

Article 21: Confidentiality

The temporary employment agency and the principal will not provide any confidential information of or about the other party, its activities and relations, which has come to their knowledge as a result of the assignment, to third parties, unless – and then only insofar as – the provision of that information is necessary to be able to perform the assignment properly or they are under a legal obligation to disclose it.
At the principal’s request the temporary employment agency will oblige the temporary employee to observe confidentiality with respect to everything that comes to his knowledge or awareness while performing the work, unless the temporary employee is subject to a statutory duty of disclosure.
The principal is free to impose confidentiality on the temporary employee directly. The principal informs the temporary employment agency of its intention to do so and provides the temporary employment agency with a copy of the statement/agreement drawn up in this respect.
The temporary employment agency shall not be liable for any fine, penalty or any damages incurred by the client as a result of the temporary employee’s breach of that duty of confidentiality.

Article 22: Obligations related to the Law on allocation of labor forces by intermediaries

The client expressly declares its familiarity with Article 8b of the Law on allocation of labor forces by intermediaries and ensures that temporary workers have equal access to the company facilities or services in its company, in particular canteens, childcare and transport facilities, as the employees, employed by its company in equal or equivalent positions, unless the difference in treatment is justified for objective reasons.
The client expressly declares that it is familiar with Article 8c of the Wet allocatie arbeidskrachten door intermediairs (Workforce Allocation by Intermediaries Act) and shall ensure that vacancies arising within its company are promptly and clearly notified to the temporary worker, so that the temporary worker has the same opportunities for an employment contract for an indefinite period of time as the employees of that company.
The principal expressly declares that it is familiar with Article 10 of the Netherlands Posting of Workers by Intermediaries Act. The temporary employment agency is not permitted to post employees to the principal or in that part of the principal’s company where there is a strike, lockout or company occupation. The principal 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 work strike, lockout or company occupation.The principal will explicitly not give any assignments to the temporary employee in the performance of its supervision and management of the temporary employee as a result of which section 10 of the Dutch Act on allocation of workers by intermediaries will be violated. Such as, but not limited to, having temporary workers perform work that is normally performed by employees who are currently participating in collective actions.
The principal expressly declares that it is familiar with Article 12a of the Netherlands Posting of Workers by Intermediaries Act. The principal will provide timely and complete written or electronic information about the employment conditions to the temporary employment agency prior to the commencement of the posting and thereafter when necessary.

Article 23: Applicable law

These general terms and conditions, orders and/or other agreements are governed by Dutch law.

Article 24: Disputes.

All disputes arising from or related to a legal relationship between the parties to which these General Terms and Conditions apply will be settled in first instance exclusively by the competent court of the district in which the temporary employment agency’s head office is located.
A dispute with the temporary worker must be handled in accordance with articles 69, 70 and 71 of the CLA. The client and the temporary employment agency are obliged to act in accordance with the aforementioned articles. The above is without prejudice to the temporary agency worker’s right to submit his dispute to the competent court. The foregoing also does not affect the temporary employee’s option of taking the principal or the temporary employment agency to court in accordance with the laws and regulations.

Article 25: Final provision

If one or more provisions of these General Terms and Conditions are null and void or annulled, the assignment and the General Terms and Conditions shall otherwise remain in force. The provisions that are not legally valid or cannot legally be applied will be replaced by provisions that are as close as possible to the purport of the provisions to be replaced.

These General Terms and Conditions are filed with the Chamber of Commerce Gooi-, Eem- and Flevoland under number 52740676.