General terms and conditions - Recruit a Student

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General Terms and Conditions Recruit a Student, Friday 26 October 2018

(Annex 2) General Terms and Conditions Recruit a Student Personeelsdiensten BV
(for the provision of temporary agency workers / recruitment and selection of candidates and payrolling)

INDEX
ARTICLE – DESCRIPTION – PAGE

Chapter 1 – GENERAL PROVISIONS

Definitions – 5
Applicability of these terms and conditions – 5
Method of invoicing – 6
Payment terms – 6
Termination – 6
Liability – 7
Force majeure – 7
Disputes – 8

Chapter 2 – TERMS AND CONDITIONS FOR THE PROVISION OF TEMPORARY AGENCY WORKERS
9. Hiring temporary agency workers – 8
10. (Hourly) remuneration and other compensation for the temporary agency worker – 8
11. Content of the agreement and notice periods – 9
12. Entering into a direct employment relationship by the hirer with the temporary agency worker – 10
13. Selection of temporary agency workers – 10
14. Duty of care of the hirer and indemnification towards the temporary employment agency – 10
15. Identification and personal data – 11
16. Company car and company closure – 11

Chapter 3 – TERMS AND CONDITIONS FOR RECRUITMENT SERVICES
17. Applicability of general provisions – 11
18. Fee and content of the recruitment services agreement – 12
19. Entering into an employment relationship by the client with the job seeker – 12
20. Selection of job seeker – 12

Chapter 4 – TERMS AND CONDITIONS FOR PAYROLLING
21. Applicability of Chapter 1 and 2 – 12
22. Invoicing – 12
23. Additional employment conditions – 12
24. Entering into and termination of the hiring agreement – 13

CHAPTER 1 – GENERAL PROVISIONS

Article 1. Definitions

In these general terms and conditions, the following terms are defined as:

Temporary employment agency: any natural or legal person who, in the course of its business, provides temporary agency workers to a hirer to perform work for that hirer.
Temporary agency worker: any natural person who performs or will perform work for a hirer via a temporary employment agency.
Hirer: any natural or legal person who obtains temporary agency workers via a temporary employment agency.
Hiring agreement: the agreement between a temporary employment agency and a hirer on the basis of which a temporary agency worker, via that temporary employment agency, will perform work for the benefit of that hirer.
Hirer’s rate: the amount per hour owed by the hirer to the temporary employment agency for the provision of the temporary agency worker.
Temporary employment contract: the employment contract under which the temporary agency worker is placed by the temporary employment agency at a hirer to perform work under the hirer’s supervision and direction, on the basis of a hiring agreement between the hirer and the temporary employment agency.
Recruitment agency: any natural or legal person who, on behalf of an employer, a job seeker, or both, assists in the search for employees or employment, with the aim of concluding an employment contract under civil law or an appointment as a civil servant.
Client: any natural or legal person who makes use of the services of a recruitment agency.
Recruitment services agreement: the agreement between a recruitment agency and a client and/or a job seeker to perform the services referred to under 7.
Payroll company: any natural or legal person who, in the course of its business, provides employees to a hirer to perform work for that hirer. The recruitment of the employee is carried out by the hirer, not by the payroll company.
Payroll agreement: the employment contract under which the employee is placed by the payroll company (employer) with a hirer to perform work under the hirer’s supervision and direction, on the basis of a hiring agreement between the hirer and the payroll company. The payroll agreement comes about after recruitment of the employee by the hirer, not by the payroll company.
Payrolling: making an employee available by an employer to a hirer under a payroll agreement as referred to under 11.
NBBU CLA: the collective labour agreement for temporary agency workers that applies to temporary employment agencies that are members of the Dutch Association of Mediation and Temporary Employment Agencies (NBBU).
Wherever these general terms and conditions refer to “temporary agency workers”, this includes both male and female workers. Wherever “him” and/or “he” is used, this should be read as “him/her” or “he/she”.

Article 2. Applicability of these terms and conditions

These terms and conditions apply to every offer by the temporary employment agency to, and every hiring agreement 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 all resulting services and deliveries of any nature whatsoever between the temporary employment agency and a hirer, insofar as the parties have not expressly deviated from these terms and conditions in writing.
A hirer with whom an agreement has once been concluded on the basis of these terms and conditions is deemed to have accepted their applicability to any subsequent hiring agreement with the temporary employment agency.
All offers, regardless of how they are made, are without obligation.
The temporary employment agency is not bound by any general terms and conditions of the hirer that deviate from these terms and conditions.
If any provision of these terms and conditions is void or is annulled, the remaining provisions shall remain fully in force. The parties will then consult each other in order to agree a replacement provision, taking into account as much as possible the purpose and intent of the void or annulled provision.

Article 3. Method of invoicing

Unless otherwise agreed, the invoices of the temporary employment agency are based on the time sheets completed and approved by the hirer.
The hirer is responsible for the correct, timely and complete completion and approval of the time sheets. Approval takes place via (digital) signing of the time sheet, unless otherwise agreed.
In case of discrepancies between the time sheet submitted to the temporary employment agency and the copy retained by the hirer, the time sheet submitted to the temporary employment agency is deemed correct, unless the hirer proves otherwise.
If the temporary agency worker disputes the data on the time sheet, the temporary employment agency may invoice the hours worked and other costs on the basis of the worker’s statement, unless the hirer proves that the time sheet is correct.
Invoices will only be provided digitally (by email or via a website).
If the hirer does not comply with paragraph 2 of this article, the temporary employment agency may decide to invoice the hirer on the basis of the facts and circumstances known to it. The temporary employment agency will not do this until reasonable consultation has taken place with the hirer.
The hirer must ensure that the invoices of the temporary employment agency are paid in full, without any deduction, discount or set-off, within 14 days of the invoice date.
Tariff changes resulting from obligations under collective labour agreements or changes in, or resulting from, laws and regulations (including tax and social security laws) will be passed on to the hirer with effect from the date of those changes, and are owed by the hirer accordingly, even if these changes occur during the term of a hiring agreement.
Only if the temporary employment agency has a G-account (blocked account) or a dedicated escrow account, can the hirer request the temporary employment agency to discuss the possibility of paying a percentage of the invoiced amount into that account, and the level of such percentage. This can only be applied if both parties reach agreement on this.

Article 4. Payment terms

Only direct payments made to the temporary employment agency discharge the hirer from its payment obligations.
The hirer is not permitted to make direct payments or advances to the temporary agency worker, regardless of the reason or manner. Such payments or advances do not affect the temporary employment agency and do not constitute repayment or set-off of any debt to the agency.
If the hirer disputes an invoice, this must be notified to the temporary employment agency in writing within eight days after the invoice date, failing which the right to dispute lapses. Disputing an invoice does not suspend the hirer’s payment obligation.
If the hirer fails to pay any amount due, or fails to pay in full or on time, it is in default by operation of law from the due date of the relevant invoice. From that moment, the hirer owes default interest of 1% per month on the gross invoice amount, whereby part of a month is counted as a full month.
All costs, both judicial and extrajudicial (including legal assistance), incurred by the temporary employment agency as a result of the hirer’s failure to meet its payment obligations, are for the hirer’s account. The temporary employment agency’s extrajudicial collection costs, calculated on the amount to be collected, will be at least 15% of the principal with a minimum of €500.
Based on an assessment by credit insurer Euler Hermes regarding solvency and payment behaviour, the hirer is classified. If the hirer is uninsurable according to Euler Hermes’ criteria, services can only be provided if the invoice is collected via direct debit within 14 working days, or if a deposit is paid equal to the outstanding amount. If the hirer’s status changes during the assignment from insurable to uninsurable, the direct debit or deposit requirement will apply immediately.

Article 5. Termination

If a party fails to comply with its obligations under the hiring agreement, the other party is entitled – in addition to what is provided in the hiring agreement – to terminate the hiring agreement out of court by means of a registered letter. Termination may only take place after the defaulting party has been notified in writing, has been given a reasonable period to remedy the serious breach, and has failed to do so.
Furthermore, a party is entitled to terminate the hiring agreement out of court, in whole or in part, with immediate effect and without notice of default, by means of a registered letter, if:
a. the other party applies for (provisional) suspension of payments, or such suspension is granted;
b. the other party files for bankruptcy or is declared bankrupt;
c. the other party’s business is liquidated;
d. the other party discontinues its current business;
e. a substantial part of the other party’s assets is seized through no fault of the first party, or if the other party otherwise can no longer reasonably be deemed capable of fulfilling its obligations under the hiring agreement.
If, at the time of termination, the hirer has already received services in execution of the hiring agreement, it may only terminate the agreement partially, namely for the part that has not yet been performed by or on behalf of the temporary employment agency.
Amounts invoiced by the temporary employment agency to the hirer prior to termination in connection with services already rendered remain fully owed by the hirer and become immediately due at the time of termination.
If, after being put in default, the hirer fails to comply with any obligation under the hiring agreement (not, not fully, or not on time), the temporary employment agency is entitled to suspend its obligations towards the hirer, without being liable for any damages, or to demand financial security from the hirer by means of an advance payment or (bank) guarantee. The amount of the advance or guarantee must be proportionate to the hirer’s obligations under the hiring agreement. The same applies in the circumstances mentioned in paragraph 2 of this article.
If, in the temporary employment agency’s opinion, there are reasonable doubts as to the hirer’s financial position, the hirer shall, at the agency’s request, provide the financial security referred to in paragraph 5.

Article 6. Liability

Subject to mandatory legal provisions and with due observance of general standards of reasonableness and fairness, the temporary employment agency is not liable for any damage of any nature whatsoever, direct or indirect, suffered by the temporary agency worker, or by goods or persons at or of the hirer or a third party, arising as a result of:
a. the provision of the temporary agency worker by the temporary employment agency to the hirer, even if it turns out that the worker does not meet the requirements set by the hirer;
b. unilateral termination of the temporary employment contract by the temporary agency worker;
c. acts or omissions of the temporary agency worker, the hirer itself, or a third party, including entering into commitments by the temporary agency worker.
Any liability of the temporary employment agency for direct damage is, in any event, limited per incident to 50% of the invoiced or to-be-invoiced amount concerned. The temporary employment agency is never liable for indirect damage, including consequential damage.
The hirer is obliged to maintain adequate, comprehensive liability insurance for all direct and indirect damage as referred to in paragraph 1 of this article.
In any event, the hirer shall indemnify the temporary employment agency against any claims by the temporary agency worker or third parties for compensation of damage referred to in paragraph 1 of this article suffered by that worker or those third parties.
The limitations of liability in paragraphs 1 and 2 of this article do not apply in the event of intent or gross negligence on the part of the temporary employment agency and/or its management.
The temporary employment agency is always entitled, where possible, to remedy any damage suffered by the hirer. This also includes the right of the temporary employment agency to take measures that can prevent or limit any damage.

Article 7. Force majeure

In the event of force majeure on the part of the temporary employment agency, its obligations under the hiring agreement are suspended for as long as the force majeure situation continues. Force majeure means any circumstance beyond the control of the temporary employment agency that permanently or temporarily prevents fulfilment of the hiring agreement and which, under the law or according to standards of reasonableness and fairness, cannot be attributed to the agency.
As soon as a force majeure situation arises at the temporary employment agency as referred to in paragraph 1, it will notify the hirer of this.
In addition to what is already included above, force majeure includes: strikes, occupation of premises, blockades, embargoes, government measures, war, revolution or similar situations, power failures, failures in electronic communication lines, fire, explosions and other calamities, water damage, flooding, earthquakes and other natural disasters, as well as widespread epidemics among staff.
For as long as the force majeure situation continues, the obligations of the temporary employment agency are suspended. This suspension does not apply to obligations that are unrelated to the force majeure situation and that have already arisen before the force majeure occurred.
If the force majeure situation lasts three months or more, or as soon as it is clear that it will last longer than three months, either party is entitled to terminate the hiring agreement prematurely without any notice period. After such termination, the hirer remains obliged to pay the temporary employment agency the fees owed relating to the period prior to the force majeure situation.
During the force majeure situation, the temporary employment agency is not obliged to compensate any damage suffered by the hirer, nor is it obliged to do so after termination of the hiring agreement as referred to in paragraph 5.

Article 8. Disputes

Dutch law applies to the hiring agreement.
Any disputes between the parties relating to the hiring agreement shall be submitted exclusively to the Dutch courts.
Insofar as such disputes fall within the jurisdiction of a district court, they will be heard exclusively by the court in the district in which the temporary employment agency is established.

CHAPTER 2 – TERMS AND CONDITIONS FOR THE PROVISION OF TEMPORARY AGENCY WORKERS

Article 9. Hiring temporary agency workers

The temporary employment contract is concluded between the temporary agency worker and the temporary employment agency. The NBBU CLA for temporary agency workers applies to the temporary employment contract. There is no employment contract between the hirer and the temporary agency worker.
When the temporary agency worker is made available by the temporary employment agency to the hirer, the worker in fact works under the supervision and direction of the hirer. In doing so, the hirer must exercise the same duty of care as it does for its own employees. As formal employer, the temporary employment agency has no direct insight into the workplace or the work to be performed.
The work is carried out as agreed in the hiring agreement. If the hirer wishes to deviate from this during the term of the hiring agreement, this can only be done in consultation with the temporary employment agency.

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

The wage and allowances of the temporary agency worker are determined prior to and, if necessary, during the assignment and are equal to the wage and allowances that are granted to comparable employees, working in equivalent positions, employed by the hirer (the so-called “payrolling of hirer’s conditions” / “loonverhoudingsvoorschrift”).
The wage and other allowances include the following components:
a. only the applicable periodic wage in the relevant scale;
b. the applicable reduction in working hours (ADV/ATV). This may – at the discretion of the temporary employment agency – be compensated in time and/or money;
c. supplements for overtime, shifted hours, irregular hours (including public holiday allowances) and shift work;
d. initial wage increases;
e. tax-free expense allowances: travel expenses, accommodation expenses and other costs necessary due to the performance of the position;
f. increments/periodic increases.

Note: different conditions apply to temporary agency workers employed in the construction sector.
The hirer informs the temporary employment agency in good time about the components referred to in paragraph 2. If the hirer provides incorrect information about these components, the temporary employment agency is entitled to correct, with retroactive effect from the start of the relevant position, the wage and allowances of the temporary agency worker as well as the hirer’s rate and to charge the corrected amounts to the hirer.
If the wage and allowances of the temporary agency worker cannot be determined according to the “hirer’s conditions” rule, they will be determined by agreement between the temporary employment agency, the temporary agency worker and the hirer. The level of education and experience of the worker, as well as the responsibilities and required competences of the position, will be used as a guideline.
If the hirer makes use of the temporary agency worker’s services for less than three hours after the worker has arrived at the workplace, the hirer is obliged to pay the hirer’s 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 are not fixed; or
b. the hirer has not set down the scope of work or has not done so unambiguously.
If under the hirer’s company policy the temporary agency worker is obliged to have certain items, such as a certificate of good conduct (VOG) or personal protective equipment, these will – insofar as possible – be provided by the hirer. If these items are provided by the temporary employment agency, the agency is entitled to charge the associated costs to the hirer.

Article 11. Content of the hiring agreement and notice periods

The hiring agreement specifies the duration of the provision of the temporary agency worker and, where this is not yet clear in advance, an estimate of the duration as accurate as possible. Where possible and desirable, the start and end date of the assignment, the number of hours to be worked, the notice period and the terms of employment of the temporary agency worker are also recorded.
If the “temporary employment clause” (“uitzendbeding”) applies to the temporary employment contract, the temporary employment agency or the hirer does not have to observe a notice period if they wish to terminate the provision prematurely, unless otherwise agreed in writing.
If the temporary employment clause does not apply, there is a temporary employment contract for a fixed or indefinite period. In that case, the hiring agreement only ends upon expiry of the agreed duration of the assignment, unless otherwise agreed in writing.
If the hirer wishes to terminate the provision of a temporary agency worker who is working on the basis of a temporary employment contract for a fixed or indefinite period before the agreed end date, the hirer owes the temporary employment agency an immediately payable compensation. This compensation amounts to 100% of the last applicable hirer’s rate for the temporary agency worker, multiplied by the number of hours agreed in the hiring agreement that fall in the period from premature termination until the end of the hiring agreement as originally agreed.
If the hirer wishes to end the provision while nothing was agreed about the duration of the assignment and the temporary agency worker is working on the basis of a temporary employment contract for a fixed or indefinite period, a notice period of 20 working days applies, unless otherwise agreed in writing.

Article 12. Entering into a direct employment relationship by the hirer with the temporary agency worker

If the hirer wishes to enter into an employment contract or another type of employment relationship directly with a temporary agency worker who has been or will be made available to it by the temporary employment agency, the hirer shall immediately inform the temporary employment agency of this in writing. The parties will then consult about the hirer’s wish.
Another type of employment relationship as referred to in this article includes, among other things:
a. appointment as a civil servant;
b. contract for services;
c. contract for work;
d. making the temporary agency worker available to the hirer by a third party (for example another temporary employment agency) for the same or other work.
The hirer shall not enter into a direct employment contract with the temporary agency worker if the temporary agency worker has not validly terminated the temporary employment contract with the temporary employment agency, without prejudice to the other obligations of the hirer as referred to in paragraph 4 of this article.
If the hirer enters into an employment contract or another type of employment relationship with the temporary agency worker immediately following the assignment, within a period of 1,040 hours after the start of the hiring agreement, the hirer owes the temporary employment agency an immediately payable, non-mitigable fee. This fee amounts to 25% of the last hirer’s rate for the temporary agency worker, multiplied by the number of hours remaining between the number of hours the worker has already been made available to the hirer by the temporary employment agency and a total of 1,040 hours.
(illustration: a temporary agency worker has worked 800 hours at a rate of €25. The fee is (25% x €25) x (1,040 – 800) = €6.25 x 240 = €1,500).
If the hirer enters into an employment contract or another type of employment relationship with the temporary agency worker
- six months after the assignment at the hirer has ended while fewer than 1,040 hours have been worked, or
- within six months after the introduction of a temporary agency worker recruited and selected by the temporary employment agency, without an assignment first having taken place,
the hirer owes the temporary employment agency the fee referred to in paragraph 4. This applies both where the hirer approaches the temporary agency worker directly or via third parties, and where the temporary agency worker approaches the hirer directly or via third parties. If no hirer’s rate has yet been agreed, the fee referred to in paragraph 4 amounts to 50% of the gross hourly wage that the temporary agency worker would have earned in accordance with Article 10, multiplied by the number of hours meant in paragraph 4.
A hirer (re-hirer) who does not lend out its own staff, but in turn supplies the temporary agency worker it has itself hired in to another final hirer, owes the temporary employment agency (employer) the fee as referred to in paragraph 4 of this article if a direct employment relationship is entered into between the final hirer and the temporary agency worker within a period of 1,040 hours worked after the start of the hiring agreement.

Article 13. Selection of temporary agency workers

The temporary agency worker is selected by the temporary employment agency on the one hand on the basis of the qualifications and skills of the workers available for assignment, as known to the temporary employment agency, and on the other hand on the basis of the information provided by the hirer to the agency regarding the work to be carried out.
Non job-related requirements may not be imposed by the hirer when providing information about the work to be performed, as referred to in paragraph 1 of this article. In any event, such requirements will not be honoured by the temporary employment agency.
If the temporary agency worker does not meet the requirements set by the hirer, the hirer has the right to notify the temporary employment agency thereof within four hours after the start of the work. In that case, the hirer is obliged to pay the temporary employment agency at least the wage and allowances owed to the temporary agency worker, plus the employer’s share of social security contributions and levies and the obligations arising from the CLA.
During the term of the hiring agreement, the temporary employment agency is entitled to propose a replacement for the temporary agency worker, for example if the temporary agency worker is no longer able to perform the work. The hirer’s rate will then be reassessed.

Article 14. Duty of care of the hirer and indemnification towards the temporary employment agency

The hirer is aware that under the Dutch Working Conditions Act and Article 7:658 of the Dutch Civil Code it is obliged to provide a safe workplace for the temporary agency worker. The hirer must give the worker clear instructions to prevent the worker from suffering damage in the performance of the work. The hirer must also provide the temporary agency worker with personal protective equipment where necessary.
In good time before the start of the assignment, the hirer must provide the temporary agency worker and the temporary employment agency with the necessary information on the required professional qualifications of the worker, as well as the Risk Inventory and Evaluation (RI&E) containing the specific characteristics of the workplace.
The hirer shall not in turn make the temporary agency worker it has hired in available to a third party to work under that third party’s supervision and direction, without the consent of the temporary employment agency.
The hirer is liable to the temporary agency worker and the temporary employment agency and obliged to compensate the damage suffered by the temporary agency worker in the performance of the work, unless the damage is largely the result of intent or deliberate recklessness on the part of the temporary agency worker, all without prejudice to the provisions of Article 6.
If the temporary agency worker suffers such injury in the performance of the work that it results in death, the hirer is, in accordance with Article 6:108 of the Dutch Civil Code, obliged to compensate the damage to the persons referred to in that article and to the temporary employment agency, unless the damage is largely the result of intent or deliberate recklessness on the part of the temporary agency worker, all without prejudice to the provisions of Article 6.
The hirer shall at all times indemnify the temporary employment agency against claims made against the temporary employment agency for failure by the hirer to comply with the obligations referred to in paragraph 1 of this article, and grants the temporary employment agency the authority to assign its claims in this respect to the directly interested party/parties, or to enforce them jointly against the hirer in the name of the temporary employment agency.
The hirer is obliged to maintain adequate, comprehensive liability insurance for all direct and indirect damage as referred to in this article.

Article 15. Identification and personal data

At the start of the assignment, the hirer must establish the identity of the temporary agency worker on the basis of the original identity document and must keep a copy of this document in its administration.
The hirer must treat the personal data of temporary agency workers that come to its knowledge in the context of the assignment as confidential and process them in accordance with the provisions of the Dutch Personal Data Protection Act.
The temporary employment agency is not liable for fines or claims imposed on the hirer because the hirer has failed to comply with the obligations referred to in the preceding paragraphs.

Article 16. Company car and company closure

If the hirer intends to provide a company car to the temporary agency worker, it must immediately inform the temporary employment agency. Only in consultation with the temporary employment agency can the hirer agree with the temporary agency worker that the car may also be used for private purposes, so that the temporary employment agency can take this into account in the payroll. If the hirer fails to do so, it is obliged to compensate the resulting damage, costs and (fiscal) consequences suffered by the temporary employment agency.
If there is a company closure or compulsory day off during the assignment, the hirer must inform the temporary employment agency of this when concluding the hiring agreement, so that the temporary employment agency can take this into account in determining the employment conditions. If the hirer fails to do so, it owes the temporary employment agency, during the company closure or compulsory day off, the number of hours agreed in the hiring agreement multiplied by the last applicable hirer’s rate.

CHAPTER 3 – TERMS AND CONDITIONS FOR RECRUITMENT SERVICES

Article 17. Applicability of general provisions

The provisions set out in Chapter 1 of these general terms and conditions apply mutatis mutandis to the relationship between the recruitment agency and the client, with the exception of the provisions of Article 3 paragraphs 1, 2, 3, 4, 5 and 7.
Where Chapter 1 of these general terms and conditions refers to “temporary employment agency”, “hirer”, “temporary agency worker” or “provision”, the terms “recruitment agency”, “client”, “job seeker” and “recruitment services” should be read respectively where recruitment services are concerned.

Article 18. Fee and content of the recruitment services agreement

The fee owed by the client to the recruitment agency may consist either of a fixed amount agreed in advance, or of a percentage, agreed in advance, of the full-time gross annual salary offered to the job seeker, plus holiday allowance.
Unless otherwise agreed in writing, the fee referred to in paragraph 1 of this article is only owed if the recruitment services have led to an employment contract or an appointment as a civil servant with a job seeker selected by the recruitment agency.
The recruitment services agreement shall, insofar as relevant, specify the duration of the recruitment services, the way in which the recruitment agency will perform these, and the fee owed by the client to the recruitment agency.
The fee does not include the placement and production costs of advertisements, the travel and accommodation costs of the job seeker and the costs of any psychological assessments. These and any other items specified as “to be confirmed” will be charged on a post-calculation basis.

Article 19. Entering into an employment relationship by the client with the job seeker

If, during the term of the recruitment assignment or within six months after its termination, the client itself directly enters into an employment contract or proceeds to appoint as a civil servant a job seeker selected by the recruitment agency, the client owes the recruitment agency an immediately payable, non-mitigable penalty equal to the fee agreed with the client for the recruitment services, or equal to the fee that would have been charged if such a direct employment relationship had not been entered into.

Article 20. Selection of job seeker

The job seeker is selected by the recruitment agency on the one hand on the basis of the wishes stated by the client to the recruitment agency regarding the job seeker’s qualifications and skills and the information provided regarding the nature of the position, and on the other hand on the basis of the qualifications and skills of the job seeker known to the recruitment agency.
Non job-related requirements may not be imposed by the client when stating wishes and providing information about the desired candidate and the nature of the position as referred to in paragraph 1 of this article. In any event, such requirements will not be honoured by the recruitment agency.

CHAPTER 4 – TERMS AND CONDITIONS FOR PAYROLLING

Article 21. Applicability of Chapter 1 and 2

If there is a payroll agreement between the employee and the payroll company, the provisions set out in Chapters 1 and 2 of these general terms and conditions apply mutatis mutandis to the relationship between the payroll company and the hirer, with the exception of the provisions of Article 11 paragraphs 2 to 5, Article 12 paragraphs 4 to 6 and Article 13.
Where Chapters 1 and 2 of these general terms and conditions refer to “temporary employment agency”, “temporary agency worker” and “temporary employment contract”, the terms “payroll company”, “employee” and “payroll agreement” should be read respectively where payrolling is concerned.

Article 22. Invoicing

If, due to unforeseen circumstances, the employee is unable to work, such as in the case of illness or idle time, the hours not worked will also be invoiced, if the payroll company has a wage payment obligation towards the employee.

Article 23. Additional employment conditions

Application of an employment condition from the hirer’s CLA is only possible if it does not conflict with the applicable NBBU CLA for temporary agency workers and insofar as this has been agreed in writing.

Article 24. Entering into and termination of the hiring agreement

Before the payroll company enters into a payroll agreement with the employee, the hirer must provide correct and complete information about the employee’s employment history with the hirer. If the hirer provides incorrect or incomplete information, it shall compensate the payroll company for the damage arising therefrom.
The hiring agreement can only be terminated or, contrary to Article 5, be dissolved after the payroll agreement between the payroll company and the employee has been validly terminated. If necessary, the hirer shall cooperate in the payrolling of the employee via a third employer or in (re)employing the employee itself.
Only if, according to standards of reasonableness and fairness, a party cannot be expected to continue the hiring agreement, may it be terminated earlier than as referred to in paragraph 2. If the payroll company has a wage payment obligation towards the employee, the hirer shall observe a notice period of at least three months, unless otherwise agreed in writing.

These General Terms and Conditions were filed with the Chamber of Commerce in Breda on 14 July 2011 under number 20092214.