Terms and Conditions
Article 1 Scope 1.
These General Terms and Conditions apply to all offers, assignments and other Agreements of the private employment agency insofar as this relates to the ter making temporary staff available to clients.
2. Any purchase or other conditions of the client do not apply.
3. Agreements deviating from these General Terms and Conditions only apply if they have been agreed in advance have been agreed in writing and signed by both parties.
4. These general terms and conditions prevail over the general terms and conditions of the ABU for the providing assignments to the provision of labor.
Article 2 Definitions In these General Terms and Conditions :
1. Temporary employment agency : the temporary employment agency established in the Netherlands on the basis of a contract makes temporary workers available to clients. “Temporary employment agency” means one of the contract parties.
2. Temporary worker: every natural person who has a temporary employment contract as referred to in Section 7: 690 BW has entered into with the private employment agency in order to perform work for a third under management and supervision of that third party.
3. Client : any natural or legal person who employs a temporary worker under his / her control management and supervision within the framework of an assignment as referred to in paragraph 4 of this article. By “the client” is meant the one of the contract parties.
4. Assignment: the agreement between a client and the temporary employment agency on the basis of which a temporary worker, as referred to in paragraph 2 of this article, by the private employment agency to the client is made available to work under his direction and supervision perform, against payment of the client rate.
5. Provision : the employment of a temporary agency worker in the context of an assignment under management, supervision and responsibility of the client.
6. Employment clause: the written stipulation in the employment contract between the private employment agency and the temporary agency worker and / or the CAO, meaning that the employment contract will end by operation of law because the posting of the temporary worker by the temporary employment agency to the client comes to an end at the request of the client (article 7: 691 paragraph 2 Dutch Civil Code).
7. CAO : the collective employment contract for Temporary Employees, concluded between the General Association Temporary employment agencies (ABU) on the one hand and FNV Bondgenoten, CNV Dienstenbond and De Unie, on the other on the other hand.
8. Client rate : the rate owed by the client to the temporary employment agency, excluding supplements, expense reimbursements and VAT. The rate is charged per hour, unless otherwise mention.
9. Hirer’s remuneration : the legally valid remuneration of an employee in the service of the client, working in a position that is the same or equivalent to the function that the temporary agency worker performs. The hirer’s remuneration consists, according to the Collective Labor Agreement 2012 – 2017, of the following elements:
• the applicable period wage in the scale;
• the applicable reduction in working hours (at the option of the temporary employment agency compensate in time or money);
• surcharges for overtime, shifted hours, irregularity (including public holiday allowance) and shift shifts;
• initial wage increases, amount and time as determined by the client;
• expense allowances (in so far as the temporary employment agency can exempt them from payroll tax and premiums) pay out);
• periodicals, height and time as determined by the client.
Article 3 The assignment and the availability Order
1. The contract is entered into for a definite or indefinite period.
2. The contract for a definite period of time is the contract that is entered into:
• or for a fixed period;
• or for a definable period;
• or for a determinable period that does not exceed a fixed period.
The assignment for a definite period of time ends by operation of law by the expiration of the agreed time or because a predetermined objectively determinable event occurs. Duration of the assignment The client may not simply hire the temporary agency worker himself or through another person temporary employment agency, other than the temporary employment agency. The starting point here is that the temporary worker at least 1040 hours in a continuous period via the temporary employment agency for the client must be employed, before the temporary worker by the client and / or at the client can be affiliated with companies or via another temporary employment agency at the client and / or at companies associated with the client is being asked. Is the temporary agency worker employed or employed by another person? temporary employment agency at the client or at companies affiliated with the client, then the client owes to the private employment agency the remaining client rate up to 1040 hours, plus all costs that the temporary employment agency has incurred or still has to pay for recruitment, selection, qualification, training and certification of the temporary agency worker. In such a case, the total sum is immediately due and payable. End of assignment
3. Termination of an assignment for an indefinite period must be done in writing with due observance of a notice period of 15 calendar days, unless otherwise agreed.
4. Interim cancellation of the fixed-term contract is not possible, unless otherwise agreed in writing agreed. If interim termination has been agreed, termination is possible with a cancellation period of 15 calendar days. The cancellation must be in writing.
5. Every assignment ends without delay due to dissolution at the time that one of the parties termination of the contract because:
• the other party is in default;
• the other party has been liquidated;
• the other party has been declared bankrupt or has applied for a moratorium.
If the temporary employment agency invokes the dissolution on one of these grounds, the conduct of the client – on which the dissolution is based – the request of the client decided to to terminate the posting. This does not lead to any liability of the temporary employment agency for the damage that the client suffers or will suffer as a result. As a result of the dissolution the receivables of the private employment agency, without the right to set off, payable immediately and also claimable.
6. The end of the assignment means the end of the posting. Termination of the assignment by the client in the request of the client to the temporary employment agency to terminate the current posting (s) by the date on which the assignment has been legally terminated, respectively, against which the assignment is legally valid dissolved.
7. If the temporary employment clause (phase A) applies between the temporary employee and the private employment agency, the making the temporary worker available at the request of the client at the time the temporary worker reports that he is unable to perform the work due to incapacity for work. In front of as far as necessary, the client is deemed to have made this request. The client will do this confirm the request in writing to the private employment agency.
8. The posting ends by operation of law if and as soon as the employment agency enters the temporary worker can no longer make available, because the employment contract between the temporary employment agency and the temporary agency worker has ended and / or the employment contract is not in line is continued for the benefit of the same client. The temporary employment agency will shoot in this case not imputable shortfall towards the client and is also not liable for any damage which the client suffers or will suffer as a result. The client indemnifies the private employment agency full of liability and / or damage.
Article 4 Replacement and availability
1. The private employment agency is entitled to a replacement during the term of the assignment to offer temporary agency workers. The client can only make such a proposal on reasonable grounds reject.
2. The temporary employment agency shall at all times be entitled to make a proposal to the client until replacement of a temporary worker provided by another temporary worker under continuation of the assignment, with a view to the company policy or personnel policy temporary employment agency, retention of employment or compliance with applicable laws and regulations and in in particular the dismissal guideline for the temporary employment sector. The client will make such a proposal can only reject on reasonable grounds. The client will make a possible rejection to motivate the temporary employment agency in writing if requested.
3. The temporary employment agency does not fail imputably to the client and is not obliged to do so to compensation of any damage or costs to the client, if the private employment agency whatever reason a (replacement) temporary worker does not (any longer), at least not (anymore) in the way and in the extent as can be made available to the client at the time of the assignment or afterwards ask. The client fully indemnifies the private employment agency from liability and / or damage.
Article 5 Suspension right
1. The client is not entitled to temporarily or entirely the employment of the temporary agency worker partially suspend, unless there is force majeure within the meaning of Section 6:75 Civil Code.
2. By way of derogation from paragraph 1 of this article, suspension is possible if:
• this is agreed in writing and the duration is fixed and one;
• the client demonstrates that there is temporarily no work available or the temporary worker does not work can be asked and;
• the private employment agency can successfully invoke exclusion from the temporary agency worker the obligation to pay wages under the CAO. The client is for the duration of the suspension does not owe the client fee.
3. If the client is not entitled to temporarily suspend the employment, but the client temporarily has no work for the temporary worker or the temporary worker can not work the client shall remain fully responsible for the duration of the assignment temporary employment agency to pay the client rate for the period (week, month, and month) such) by order of the latest or usual number of hours and overtime.
Article 6 Working procedure
1. The client shall provide the temporary employment agency with an accurate prior to commencement of the assignment description of the job, job requirements, working hours, working hours, work, job, working conditions (the risks and their control) and the intended duration of the assignment.
2. The private employment agency determines on the basis of the information provided by the client and the attributes, knowledge and skills of the person, known to her, are available temporary workers, which temporary workers they propose to the client to implement the assignment. The client is entitled to reject the proposed temporary worker, as a result of which the provision of the proposed temporary employee will not take place.
3. The temporary employment agency does not fall short of the client and is not obliged to pay compensation of any damage if the contacts between the client and the private employment agency prior to a possible assignment, including a concrete request from the client to make a temporary worker available, for whatever reason or not within the period required by the client, lead to the actual posting from a temporary worker. The client fully indemnifies the private employment agency liability and / or damage.
4. The temporary employment agency is not liable for damage resulting from the deployment of manpower that does not appear to meet the requirements set by the client. The the client fully indemnifies the private employment agency from liability and / or damage.
5. In accordance with the Working Conditions Act, including Article 3: Health and Safety Policy, Article 5: Inventory and risk assessment, article 6: Prevention and limitation of major accidents involving dangerous substances are involved, Article 8: Information and education, Article 9: Notification of registration of accidents at work and occupational diseases, et cetera, the client commits himself to:
• ensuring a safe working environment;
• have an inventory of the risks associated with the work and the control of it;
• instructing the temporary agency worker about the risks and their management before the start of and during the work in a language understandable for the temporary employee;
• registering given instruction (s), toolbox meetings and other possible instructions to the temporary worker required for the safe execution of the work;
• signing the given instruction (s) by the temporary employee and entering TempTech 24 hours in writing to notify;
• providing all necessary personal protective equipment that is a safe implementation of the work is necessary;
• verbally reporting incidents at the next opportunity;
• report incidents in writing and inform TempTech accordingly;
• supervising and supervising the temporary agency worker during work on incidents, prevent unsafe actions and situations.
Article 7 Working hours and working hours
1. The scope of work and the working hours of the temporary worker at the client are recorded in the order confirmation, or agreed otherwise. The working hours, the working hours and the rest periods of the temporary agency worker are the same as the times and hours usual to the client, unless otherwise agreed. The client guarantees that the working hours and the rest and working hours of the temporary agency worker meet the statutory requirements. The client sees to it that the temporary employee does not have the legally permitted working hours and the agreed scope of work exceeds. In case of exceeding, the client is fully liable for all (financial) consequences that could arise due to the exceedance. All sanctions and / or fines connected therewith and / or damages are entirely at the expense of the client. The client indemnifies the private employment agency is fully liable and / or damaged.
2. Temporary holiday leave and leave are arranged in accordance with the law and the collective labor agreement.
Article 8 Company closures and compulsory days off
The client must inform the temporary employment agency when it enters the assignment possible company closures and collective mandatory days off during the term of the assignment, so that the temporary employment agency can, if possible, include this circumstance employment contract with the temporary agency worker. If an intention to establish a business closure and / or collective mandatory days off becomes known after the contract has been concluded, the client the temporary employment agency immediately (the same calendar day) after becoming aware of this in writing by e-mail ( email@example.com ) to inform. If the client fails to provide the temporary employment agency, the client is held for the duration of the company closure fully to the temporary employment agency to pay the client rate on the according to the order and conditions last applicable or usual number of hours and overtime per period.
Article 9 Function and remuneration
1. Before the commencement of the assignment, the client will provide the description of the temporary worker to exercise function and the corresponding scaling in the remuneration scheme of the client.
2. The remuneration of the temporary employee, including possible surcharges and reimbursement of costs is determined in accordance with the CAO (including the stipulations) regarding the hirer’s remuneration, see paragraphs 4 and 6 below) and the applicable laws and regulations, this on the basis of the job description provided by the client.
3. If at any time it appears that this job description and the corresponding classification is not corresponds to the function actually exercised by the temporary employee, the client will the private employment agency must immediately provide the correct job description with associated salary scale to provide. The remuneration of the temporary worker will again be determined on the basis of the new job description. The function and / or scaling can be adjusted during the assignment, if the temporary agency worker makes a reasonable claim to this adjustment with an appeal to laws and regulations regulations, the Collective Labor Agreement and / or the hirer’s remuneration. If the adjustment leads to a higher reward, the temporary employment agency corrects the remuneration of the temporary agency worker and the client rate accordingly. The client is this corrected rate from the moment of exercise of the actual position to the private employment agency without any right of suspension for any reason.
4. The private employment agency is obliged under the CAO to apply the hirer’s remuneration from the first working day of the temporary agency worker.
5. The client shall inform the temporary employment agency of the temporary worker’s work prior to providing information on all elements of the hirer’s remuneration referred to in article 2, paragraph 9 (what concerns the level and time of initial salary increases; only as far as known at that time).
6. The client shall inform the private employment agency immediately and in any event immediately upon becoming aware of it, the same calendar day, informed of changes to the hirer’s remuneration and of the initial wage increases.
7. Overtime, shift work, at special times or days (including public holidays) and / or shifted hours will be rewarded in accordance with the hirer’s remuneration and will be paid to the client charged, if and in so far as this has not been agreed otherwise.
Article 10 Good performance of management and supervision
1. The client will comply with the temporary employee in the performance of the supervision or the management and with regard to the execution of the work carried on in the same careful manner as to which he is held in relation to his own employees.
2. The client is not permitted to ‘lend’ the temporary worker to a third party in turn; that is, to make available to a third party for the supervision or management of this third performance of work, unless agreed in writing. Being loaned also include making available by the client to a (legal) person with whom the client in a group (concern) is connected.
3. The client can only employ the temporary employee in deviation from the assignment and conditions, if the private employment agency and the temporary worker do so in advance in writing have agreed.
4. Employment of the temporary agency worker abroad by a client established in the Netherlands is only possible under strict supervision, supervision and responsibility of the client and for certain time, if this has been agreed in writing with the temporary employment agency and the temporary worker has agreed to this in writing. Possible tax (after) levies due to this could be imposed, are at all times for the account of the client and immediately due as soon as the private employment agency invoices the client. The contractor indemnifies the temporary employment agency fully from liability and / or additional charges.
5. The client shall compensate the temporary worker for the damage he suffers because of him belonging to the business, which has been used in the context of the assigned work, is damaged or damaged canceled.
6. The private employment agency is not liable towards the client and / or third parties damage and losses to the client, third parties or to the temporary agency worker himself expressing or neglecting the temporary worker.
7. The private employment agency is not liable towards the client and / or third parties Commitments that temporary workers have entered into with or that have arisen for them towards client or third parties, with or without permission from the client or third parties.
8. The client indemnifies the private employment agency for any liability (including costs with including the actual costs of legal assistance and any other (extra) judicial costs) of the temporary employment agency as employer of the temporary agency worker – directly or indirectly – in this respect of the damages, losses and commitments referred to in paragraphs 5, 6 and 7 of this article.
9. The client shall take out adequate insurance against liability on the basis of the provisions in this article. At the request of the temporary employment agency, the client provides proof of insurance.
Article 11 Working conditions
The client declares that he is familiar with the fact that he is in the Working Conditions Act regarded as an employer.
1. The client is responsible to the temporary worker and the private employment agency for the compliance with the provisions of Section 7: 658 of the Dutch Civil Code, the Working Conditions Act and the thereto coherent regulatory requirements in the field of safety workplace and good working conditions in general.
2. The client is obliged to inform the temporary agency worker and the private employment agency in time, in all cases to provide information in writing on the working day one working day before commencement of the work Required professional qualifications and the specific characteristics of the job to be taken. The The client gives the temporary agency worker active information with regard to the inside Company Inventory and Evaluation (RIE), Task Risk Analyzes (TRA) and Last Minute Risk Analyzes (LMRA).
3. If the temporary agency worker comes across an industrial accident or an occupational disease, the client, if required by law, inform the competent authorities immediately and take care of it bear a written report of this immediately. In the report the circumstances of the accident are recorded in such a way that a reasonable degree of certainty can be obtained from them whether and to what extent the accident is the result of insufficient measures were taken to prevent the accident or occupational disease. The The client informs the private employment agency directly about the industrial accident or the occupational disease and without delay, submit a copy of the prepared report to the temporary employment agency.
4. The client shall reimburse the temporary employee – and indemnify the private employment agency against – all damages (including costs including the actual costs of legal assistance and any other (extra) judicial costs) incurred by the temporary agency worker in connection with the exercise of his activities and will suffer in the future, if and in so far as the client and / or the client temporary employment agency is liable under Article 7: 658 and / or Article 7: 611 Civil Code.
5. If and insofar as the industrial accident results in injury, incapacity for work and / or death, the client held to all damages (including costs including the actual costs of legal assistance and any other (extra) judicial costs) to be reimbursed in accordance with article 6: 108 Civil Code to the persons mentioned in that article. The client indemnifies the temporary employment agency fully liable and / or fines and / or damages.
6. The client will take out adequate insurance against liability on the basis of the provisions in this article. At the request of the private employment agency, the client provides proof of insurance.
Article 12 Liability of the client
The client who performs the obligations arising from these General Terms and Conditions in the particular the obligations set out in Articles 3 (paragraphs 5, 6 and 7), 4 (paragraph 3), 8, 9 (paragraphs 1, 3, 5 and 7), 10 (paragraphs 1 to 5, 8 and 9), 11 (2 to 6), 14 (2), 17 (1), 19 and 20 (1) shall be complied with until reimbursement of all ensuing damages of the temporary employment agency (including all costs) including legal aid and any other (extra) judicial costs), without it prior notice of default is required. The client, the temporary employment agency, also serves as necessary fully indemnify this matter. This is without prejudice to the temporary employment agency’s possible other claims can set, such as invoking dissolution. The provisions of this article are general, both – if necessary additional – with regard to subjects in which the compensation obligation is already separate these Terms and Conditions are regulated as with respect to subjects where this is not the case.
Article 13 Client rate
1. The client rate owed by the client to the temporary employment agency becomes calculated over the hours on which the private employment agency based on the assignment and / or conditions is entitled and is always calculated at least on the temporary worker actually employed by the temporary agency worker hours. The client rate is multiplied by the supplements and increased by the expense allowances that the temporary employment agency owes to the temporary agency worker. About the Client fee, the surcharges and expenses are charged VAT.
2. The remuneration of the temporary agency worker is based on the hirer’s remuneration. In the client rate all elements of the hirer’s remuneration that apply to the client are included.
3. In addition to the case referred to in paragraph 2, the private employment agency shall in any case also be entitled to it client rate during the term of the assignment, if the costs of the temporary work increase:
• as a result of changes to the Collective Labor Agreement or the wages that have been arranged, or changes to the wages client in the applicable collective labor agreement and / or employment conditions regulation or the wages arranged thereby;
• as a result of changes in or as a result of legislation and regulations, including changes in or as a result of the social and fiscal laws and regulations, the CAO for Temporary workers or any binding regulation;
• as a result of a (periodic) wage increase and / or a (one-off) compulsory payment, arising from the CAO, the CAO applicable to the client and / or employment conditions regulation and / or legislation and regulations.
4. If the client does not agree with payment of the invoice in contravention of paragraphs 2 and 3 of this article adjusted client rate, then the client’s request for the to terminate the posting.
5. Any adjustment of the client rate will be made by the temporary employment agency as soon as possible possibly made known to the client and confirmed to the client in writing. If by any cause attributable to the client the reward and / or the client rate has been set too low, the private employment agency is also entitled afterwards with retroactive effect to bring the remuneration and the client rate to the right level, where the client the difference – plus the costs incurred as a result of this by the temporary employment agency or have yet to be made – to the temporary employment agency is owed. After the payment term has expired, the entire sum is due and payable without right of suspension.
Article 14 Invoicing
1. Invoicing takes place on the basis of the method agreed with the client time accounting and furthermore on the basis of the assignment, by agreement or this conditions. Unless otherwise agreed in writing, the time registration takes place by means of declaration forms approved in writing by the client.
2. The client and temporary employment agency may agree that the time registration takes place by means of a time registration system, an electronic and / or automation system or by means of or overviews drawn up for the client.
3. The client is responsible for correct and complete time reporting and is bound to do so to supervise or to ensure that the data of the temporary worker included therein is correct and corrected truth, such as: • name of the temporary worker, the number of hours worked, overtime hours, irregular hours and hours shift times, the other hours for which, in accordance with the order and conditions, the client fee is due, the possible supplements and any actually made expenses.
4. The client is responsible for time reporting within seven (7) calendar days – following the week worked by the temporary employee – in writing by e-mail ( firstname.lastname@example.org ) to the temporary employment agency. The client is responsible for the manner on which the time accounting is provided to the temporary employment agency.
5. If the client fails to provide time reporting within seven (7) calendar days following the week worked by the temporary agency worker to the temporary employment agency the temporary employment agency is entitled to set the hours and costs in accordance with the statement of the temporary worker, with a minimum of eight (8) hours a day.
6. Before the client provides the time report, he gives the temporary worker the opportunity to check time reporting. Offering this opportunity for control should be such it happens that there is no delay in providing the time account to the temporary employment agency. If and in so far as the temporary agency worker stated in the time registration data, the private employment agency is entitled to set the hours and costs in accordance with the specifications of the temporary agency worker, unless the client can demonstrate that the by the data he has mentioned are correct.
7. If it has been agreed that the temporary employee submits the time report by means of the temporary worker to submit claim forms, the client keeps a copy of it declaration form. In the event of a difference between the temporary employee’s temporary employment agency submitted expense claim form and the copy kept by the client, it applies by the temporary agency worker submitted to the temporary employment agency for the settlement as full proof, unless provided counter-evidence by the client.
8. Each invoice is considered accepted by the client, if the client does not has a written and motivated objection within the period of three (3) working days after receipt made.
Article 15 Exercise obligation and liability
1. The temporary employment agency is obliged to make every effort to carry out the assignment properly. If and insofar as the temporary employment agency does not meet this obligation, the private employment agency is with due observance of the provisions of paragraphs 2, 3 and 4 hereafter referred to as compensation consequent direct damage of the client, provided the client as soon as possible, but no later than three months after the occurrence or becoming known of this damage, a written complaint submits to the private employment agency and proves beyond any doubt that the damage is real and the is the direct result of an attributable shortcoming on the part of the private employment agency.
2. If and insofar as it is conclusively proven that the damage is the direct result of a attributable shortcoming on the part of the private employment agency, the private employment agency becomes at all times the opportunity to (have) the damage within a reasonable term to repair in order to limit or completely eliminate the damage.
3. Any liability of the temporary employment agency arising from the assignment is limited to a maximum of the costs to be charged by the private employment agency to the client client rate for the execution of the assignment, this for the agreed number working hours and the agreed duration of the assignment up to a maximum of three months. The the maximum amount to be paid by the temporary employment agency is in no case the amount it emits insurance amount to be paid.
4. Liability of the private employment agency for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation is in all cases completely excluded.
Article 16 Intellectual and industrial property
1. At the request of the client, the private employment agency shall provide the temporary worker with a written request to have a declaration signed in order to bring about – if necessary and possible – promote that all intellectual and industrial property rights on the results of the the temporary worker’s work, will be transferred to the client. If the private employment agency owes a compensation in this connection to the temporary employee or otherwise must incur expenses, the client is entitled to an equal payment or equal costs to the temporary employment agency.
2. The client is free to enter into an agreement with the temporary worker directly or to submit to him a declaration for signature in respect of the intellectual property referred to in paragraph 1 and industrial property rights. The client informs the temporary employment agency in advance its intention to do so and provide a copy of the relevant information agreement / statement to the temporary employment agency.
3. The private employment agency is not liable towards the client for a fine or penalty payment, that forfeits the temporary employee or any damage of the client as a result of the fact that the temporary worker relies on any right of intellectual and / or industrial property. The the client fully indemnifies the private employment agency from liability and / or damage.
Article 17 Confidentiality
1. The temporary employment agency and the client shall not disclose any confidential information from or about the other party, its activities and relations, which came to their attention as a result of the assignment, to third parties, unless – and then in so far – provision of that information is required to order to properly execute or a legal obligation to disclose.
2. The temporary employment agency shall oblige the temporary employee at the request of the client to observe secrecy with regard to all that it does in the performance of the work become known or aware, unless there is a statutory duty of disclosure on the temporary agency worker.
3. The client is free to directly oblige the temporary agency worker to maintain secrecy. The The client informs the temporary employment agency in advance about his intention to do so and provides a copy of the statement / agreement drawn up in this respect to the temporary employment agency. The temporary employment agency is not liable for a fine, penalty payment or any damage of the temporary employment agency client as a result of breach of this duty of confidentiality by the temporary agency worker. The the client fully indemnifies the private employment agency from liability and / or damage. Article 18 Client’s verification and retention obligation The client to whom the private employment agency is a foreign national in the sense of the Work Act Aliens are made available, declares to be explicitly familiar with Article 15 of these law, including that at the commencement of the work, the client must submit a copy of the document, as referred to in Article 1 of the Compulsory Identification Act, of the alien must receive. The client is responsible for a careful inspection of the aforementioned document and establishes the identity of the foreign national on the basis of this records a copy of the document in his administration. The temporary employment agency is not responsible or liable for any penalties incurred in the context of the Work and Employment Act aliens are imposed on the client. The client indemnifies the private employment agency full of liability, fines and / or damage.
Article 19 Prevention of inadmissible discrimination
To prevent making unlawful discrimination, especially religion, belief, political opinion, gender, race, nationality, heterosexual or homosexual orientation, marital status, disability, chronic illness, age or any other ground will be non-job relevant Requirements when providing the information regarding the work to be carried out not by the client can not be taken into account or taken into account by the temporary employment agency.
Article 20 Participation
1. The client is obliged to the temporary employee who is a member of the works council of the temporary employment agency or the works council of the client exercise these participation rights in accordance with legislation and regulations.
2. If the temporary employee exercises co-determination in the company of the client, the client also owes the client rate over the hours in which the temporary employee is under working time or training in connection with the exercise of employee participation.
Article 21 Disputes
All disputes arising from or related to a legal relationship between the parties, on which these General Terms and Conditions apply, Dutch law is applicable and will be in forcefirst instance will be settled exclusively by the competent court of the district, in which the headquarters of the temporary employment agency.
Article 22 Final provision
If one or more provisions of these Terms and Conditions are null and void or will be destroyed, theorder and the General Terms and Conditions for the rest remain in force. The provisions that do notare legally valid or can not legally be applied, will be replaced by provisions that as far as possible in line with the scope of the provisions to be replaced.
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