General Terms and Conditions for the Supply of Temporary Workers ML-Works B.V.
Contents
•Article 1 Definitions
•Article 2 Scope of application
•Article 3 The assignment and the supply
•Article 4 Replacement and availability
•Article 5 Right of suspension
•Article 6 Work procedure
•Article 7 Working hours, working hours and training
•Article 8 Company closure and compulsory days off
- Article 9 Job and remuneration
•Article 10 Proper exercise of management and supervision
•Article 11 Working conditions
•Article 12 Principal's rate
•Article 13 Invoicing
•Article 14 Payment by the principal
•Article 15 The principal's entering into an employment relationship with a temporary employee
•Article 16 Intellectual and industrial property
•Article 17 Recruitment & Selection by ML-Works
•Article 18 Confidentiality
•Article 19 Special obligations concerning identity and processing personal data
•Article 20 Treatment
•Article 21 Co-determination
•Article 22 Obligations relating to the Law Allocation of Workers by Intermediary
•Article 23 Liability of the client
•Article 24 Liability of ML-Works
•Article 25 Applicable law and choice of forum
•Article 26 Final provision
Article 1 Definitions
In these general terms and conditions, the following definitions shall apply:
1. Temporary employment agency: ML-WORKS B.V.
2. Temporary Employee: any natural person, who has entered into a temporary employment contract, as referred to in section 7:690 of the Dutch Civil Code, with the above-mentioned temporary employment agency in order to perform work for a third party under the management and supervision of such third party.
3. Assignment: the agreement between a principal and the temporary employment agency pursuant to which a temporary employee is placed at the principal's disposal by the temporary employment agency, as referred to in subsection 2 of this Article, in order to perform work in exchange for payment of the principal's rate, as well as the agreement between a principal and the temporary employment agency in respect of recruitment and selection.
4. Principal: any natural person or legal entity that is a party to the assignment in addition to the temporary employment agency.
5. Posting: the employment of a temporary employee in the context of an assignment.
6. Temporary employment clause: the written provision in the employment contract between the temporary employment agency and the temporary employee and/or in the collective employment agreement pursuant to which the employment contract will end by operation of law if the posting of the temporary employee by the temporary employment agency at the principal ends at the principal's request (Article 7:691 subsection 2 of the Dutch Civil Code).
7. Collective Labour Agreement: the Collective Labour Agreement for Temporary Agency Workers concluded between the ABU (Algemene Bond Uitzendondernemingen) on the one hand and relevant employees' organizations on the other.
8. Principal's rate: the rate that the principal owes the temporary employment agency, exclusive of surcharges, expense allowances and VAT. The rate will be charged per hour unless otherwise stated.
9. Hirer's remuneration: the hirer's remuneration as defined in the collective agreement.
10. Recruitment & Selection: the assignment whereby ML-Works, for the purpose of employment with a client, selects one or more candidates for said client and introduces these orally or in writing to the client.
Article 2 Scope
1. These general terms and conditions apply to all assignments and other agreements between the temporary employment agency and the principal, as well as to all legal acts intended to effectuate them, including offers, proposals, quotations and quotations.
2. Any purchase or other conditions of the principal will not apply and will be expressly rejected by the temporary employment agency.
3. Agreements deviating from these general terms and conditions will only apply if agreed upon in writing and will apply exclusively to that assignment.
Article 3 The assignment and the posting
1. The assignment is entered into for a definite or indefinite period.
2. The assignment for a definite period is the assignment that is entered into:
- or for a fixed period;
- or for a definable period;
- or for a definable period not exceeding a fixed period.
End of assignment
3. The assignment for a definite period ends by operation of law by the expiration of the agreed time or by the occurrence of a predetermined objectively determinable event. Premature termination of the fixed-term assignment is not possible, unless otherwise agreed in writing.
4. The assignment for an indefinite period shall end by written notice with due observance of a reasonable notice period.
5. Each assignment shall end without delay at the time when either party invokes the dissolution of the assignment because:
• the other party is in default;
• the other party is liquidated;
• the other party is declared bankrupt or has applied for a moratorium.
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 termination the claims of the temporary employment agency will be immediately due and payable.
End of posting
6. The end of the assignment means the end of the posting. Termination of the assignment by the principal means 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 has been validly dissolved. The principal will inform the temporary employment agency in a timely manner about the termination or continuation of the assignment in order to enable the temporary employment agency to fulfil its obligations in respect of a statutory notice period correctly and in full.
7. The posting will end by operation of law if and as soon as the private employment agency can no longer post the temporary agency worker because the employment contract between the private employment agency and the temporary agency worker has ended and this employment contract is not subsequently continued for the benefit of the same user company. In this case the temporary employment agency will not have failed imputably towards the principal nor will it be liable for any damage that the principal sustains as a result.
Article 4 Replacement and availability
1. The temporary employment agency is entitled to replace a posted temporary employee at all times. This will not require the principal's consent. The principal will refuse to cooperate in a replacement only on reasonable grounds. If requested the principal will motivate any refusal in writing.
2. 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 is unable or is no longer able to supply the principal with a temporary employee or a replacement temporary employee for whatever reason, or at any rate is unable to do so in the manner and to the extent that was agreed in the assignment or subsequently.
3. If the temporary employee is replaced by another temporary employee, the rate will be determined anew in accordance with the provisions contained in Article 9 of these General Terms and Conditions. suff.
Article 5 Right of suspension
1. The principal shall not be entitled to temporarily suspend all or part of the employment of the temporary worker unless there is a case of force majeure within the meaning of Article 6:75 of the Civil Code.
2. Notwithstanding paragraph 1 of this Article, suspension is possible if:
- this is agreed upon in writing and the duration is laid down; and
- the principal demonstrates that there is temporarily no work available or that the temporary employee cannot be deployed; and
- the temporary employment agency can successfully invoke the exclusion of the obligation to continue paying wages on the ground of the collective employment agreement towards the temporary employee.
Article 6 Working procedure
1. Before the assignment commences the principal will provide the temporary employment agency with the information necessary for the posting, including an accurate description of the position, job requirements, working hours, working hours, work, work location, working conditions and the intended term of the assignment.
2. On the basis of the information provided by the principal and the capacities, knowledge and skills of the (candidate) temporary employees eligible for placement the temporary employment agency will determine which (candidate) temporary employees it will propose to the principal for the execution of the assignment. The principal is entitled to reject the proposed (candidate) temporary worker, as a result of which the posting of the proposed (candidate) temporary worker will not take place.
3. The temporary employment agency will not be in default towards the principal 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, for whatever reason do not lead to the actual posting of a temporary employee or not within the term desired by the principal.
4. 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.
Article 7 Working hours, working hours and training
1. The scope of work and the temporary employee's working hours at the principal will be laid down in the assignment or agreed otherwise. The temporary employee's working hours, working time, breaks and rest periods will be equal to the customary times and hours that apply at the principal's place of business unless otherwise agreed. The principal guarantees that the temporary employee's working hours and break and rest times will meet the statutory requirements. The principal will ensure that the temporary employee does not exceed the legally permitted working hours and the agreed scope of work.
2. Vacations and leave of the temporary worker shall be arranged in accordance with the law and the collective agreement.
3. If the temporary worker requires specific training to carry out the assignment, the training time will be regarded as working time and the training must take place as far as possible during working hours. All resulting costs will be invoiced to the Client. Resulting costs include costs to be incurred in connection with attending the training, such as travel expenses, books and other study materials, as well as examination fees. The hours spent by the worker on this training will be charged to the client as hours worked. All this unless otherwise agreed upon.
Article 8 Company closures and mandatory days off
1. When entering into the assignment the principal must inform the temporary employment agency of any company closure and collective mandatory days off during the term of the assignment so that the temporary employment agency can, if possible, make that circumstance part of the employment contract with the temporary employee. If an intention to establish a company closure and/or collective mandatory days off becomes known after the assignment is entered into, the principal must inform the temporary employment agency immediately after this becomes known.
Article 9 Job and remuneration
1. Prior to the commencement of the assignment the principal will provide the temporary employment agency with the description of the position to be held by the temporary employee, the corresponding classification and information about all the elements of the hirer's remuneration (as regards the amount and timing of initial wage increases only and insofar as known at that time).
2. The temporary employee's remuneration, including any bonuses and expense allowances, will be determined in accordance with the collective agreement (including the provisions regarding the hirer's remuneration) and the applicable laws and regulations on the basis of the job description provided by the principal.
3. If at any time it appears that that job description and the related classification do not correspond with the position actually held by the temporary employee the principal will immediately provide the temporary employment agency with the correct job description and related classification. The temporary employee's remuneration will be determined anew on the basis of the new job description.
4. The job description and/or grading may be adjusted during the assignment if the temporary worker reasonably claims such adjustment by reference to laws and regulations and/or the collective labor agreement. If the adjustment results in higher remuneration the temporary employment agency will be entitled to adjust 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 at which the temporary employee is entitled to the higher remuneration on the basis of laws and regulations and/or the collective employment agreement.
5. The principal will inform the temporary employment agency in a timely manner, in any event as soon as it becomes aware of any changes in the hirer's remuneration and any adopted initial wage increases.
6. If and insofar as remuneration is set for the temporary employee due to the fact that the temporary employee cannot be classified the principal will inform the temporary employment agency in a timely manner and in any event immediately upon becoming aware of any 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.
7. Allowances and surcharges such as those for overtime, travel hours/travel time, physically taxing conditions, shift or irregular work, work at special times or days (including holidays), shifted hours and/or on-call or availability shifts will be remunerated in accordance with the collective bargaining agreement and/or other applicable working conditions regulations and will be passed on to the client.
Article 10 Proper exercise of management and supervision
1. The principal will act in the same careful manner towards the temporary employee in the exercise of management and supervision, as well as with respect to the performance of the work, as it is obliged to do towards its own employees.
2. Subject to its permission the principal is not permitted to “lend” the temporary employee to a third party; in other words, to make him available to a third party for the performance of work under the management and supervision of that third party. A third party is also understood to mean a person or legal entity with which the principal is affiliated in a group.
3. The principal may only deploy the temporary employee contrary to the provisions contained in the assignment and the terms and conditions if the temporary employment agency and the temporary employee have agreed to this in writing in advance.
4. Employment of the temporary employee abroad by a principal established in the Netherlands is only possible for a limited period of time on the condition that the principal has organized management and supervision and has agreed on the employment in writing with the temporary employment agency and with the temporary employee.
5. The principal will compensate the temporary worker for any damage suffered by the temporary worker as a result of any property belonging to him that was used in the context of the assigned work being damaged or destroyed.
6. 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 insurance.
Article 11 Working conditions
1. The principal declares that it is familiar with the fact that it is considered an employer under the Working Conditions Act. The principal is responsible towards the temporary employee and the temporary employment agency for compliance with the obligations arising from Article 7:658 of the Dutch Civil Code, the Working Conditions Act and the related regulations in respect of safety in the workplace, health, welfare and good working conditions in general.
2. 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 job to be taken on. The principal will actively inform the temporary employee regarding the Risk Inventory and Evaluation (RIE) used within its company.
3. If the temporary employee sustains an industrial accident or occupational disease, the principal will, if required by law, notify the competent authorities without delay and 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 is the result of the fact that insufficient measures were taken to prevent the occupational accident or illness. The principal will inform the temporary employment agency as soon as possible about the industrial accident or occupational illness and will submit a copy of the report that has been drawn up.
4. The principal will compensate the temporary employee for all damage that the temporary employee suffers in the context of performing his work if and insofar as the principal and/or the temporary employment agency is/are liable for this on the basis of Article 7:658 and/or Article 7:611 and/or Article 6:162 of the Dutch Civil Code.
5. 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 insurance.
Article 12 Principal's rate
1. The principal's rate owed by the principal to the temporary employment agency will be calculated in respect of the hours worked by the temporary employee and/or (if that number is higher) in respect 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 will be multiplied by the surcharges and increased by the expense allowances that the temporary employment agency owes the temporary employee. VAT will be charged on the principal's rate, the surcharges and expense allowances.
2. The temporary employment agency will be entitled to adjust the principal's rate during the term of the assignment if the costs of the temporary work increase
- as a result of a change in the collective labour agreement or the associated wages or changes in the collective labour agreement and/or employment conditions scheme applicable at the client's;
- as a result of changes in or as a result of legislation and regulations, including changes in or as a result of social and fiscal legislation and regulations, the collective labor agreement or any binding regulations;
- as a result of a (periodic) wage increase and/or a (one-off) mandatory payment arising from the collective bargaining agreement, the collective bargaining agreement and/or employment conditions scheme and/or laws and regulations applicable at the client.
3. If the principal does not agree to the payment of the adjusted principal's rate pursuant to paragraph 2 and/or Article 9, this shall constitute the principal's request to terminate the posting.
4. The temporary employment agency will inform the principal as soon as possible and confirm to the principal in writing any adjustment of the principal's rate.
5. If due to any cause attributable to the principal the remuneration and/or the principal's rate has/have been set too low the temporary employment agency will be entitled to adjust the remuneration and the principal's rate to the correct level retroactively as well. The temporary employment agency may also charge the principal for that which the principal has underpaid as a result and for the costs that the temporary employment agency has incurred as a result
Article 13 Invoicing
1. Invoicing takes place on the basis of the method of timekeeping agreed with the client with due observance of these general terms and conditions, assignments and/or other agreements.
2. If no manner of time registration has been agreed the time registration will take place by means of declaration forms approved by the principal in writing. The principal and the temporary employment agency may agree that the time registration will be performed 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.
3. The principal will ensure that the timekeeping records are correct and complete and will be obliged to ensure 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 principal's rate is due pursuant to these general terms and conditions, assignments and/or other agreements, any surcharges and any actual costs and expenses incurred.
4. If the principal provides the time registration form, it shall ensure that the temporary employment agency has the time registration form at its disposal immediately following the week worked by the temporary employee. The principal is responsible for the manner in which the time registration form is provided to the temporary employment agency.
5. Before submitting the time sheet, the hirer must give the temporary worker the opportunity to explain the time registration form. If and insofar as the temporary worker disputes the information on the time registration timesheet, the private employment agency shall be entitled to calculate the hours and costs in accordance with the temporary worker's statement. employee's statement, unless the hirer can prove that the information provided is correct.
At the request of the temporary employment agency, the principal will allow inspection of the original timesheets. time registration of the temporary worker and provide the temporary employment agency with a copy of it.
6. If the time registration is made by means of declaration forms to be provided by the temporary employee, the principal shall the hirer shall keep a copy of the timesheets. In the event of a discrepancy between the timesheets submitted to the temporary employment agency submitted to the temporary employment agency and the copy kept by the hirer, the timesheet submitted by the temporary worker to the temporary employment agency shall be deemed to be full proof for the purposes of settlement, unless the contrary is proved unless the principal proves otherwise.
Article 14 Payments by client
1. Unless otherwise agreed in writing or provided for in these terms and conditions, invoicing shall be on a weekly basis.
2. If the Client uses a third party to deliver the invoice whereby the invoice is sent to that third party, the Client is responsible for correct receipt of the invoice. The temporary employment agency is only responsible for the correct dispatch of the invoice. 3. If the temporary employment agency is unable to deliver the invoice to the third party through no fault of its own it will report this to the principal after which the principal will offer an alternative for sending the invoice. In this case the initial invoice date and agreed payment term will remain in force.
3. The principal is obliged to pay any invoice from the temporary employment agency within 30 calendar days of the invoice date, unless agreed otherwise in writing. The invoice will have been paid if and as soon as the temporary employment agency has received the amount due.
4. If an invoice has not been paid within the term referred to in subsection 3, the principal will be obliged to pay the invoice from the first day after the payment term has expired the principal will be in default by operation of law and will owe interest of 1% per calendar month over the outstanding amount, whereby part of a month shall be counted as a full month. The temporary employment agency's possession of a copy of the invoice sent by the the temporary employment agency's copy of the invoice sent by the temporary employment agency to the principal will serve as full evidence of the interest being due and of the date on which the invoice was sent of the interest and the day on which the interest calculation commences.
5. Only payments made to the temporary employment agency are discharging.
Article 15 The principal's entering into an employment relationship with a temporary employee
1. The principal is entitled to enter into an employment relationship with a posted temporary employee if and insofar as the temporary employee if and insofar as the provisions below in this article are met. In this context entering into an employment relationship with a temporary employee means: a an employment contract, a contract for work and/or an assignment agreement between the user company and the temporary agency worker for the same or other work;
b. an appointment of the temporary agency worker as a civil servant with the user company;
c. having the relevant temporary employee made available to the principal by a third party
(for example another temporary employment agency) for the same or different work; or d. an employment contract, a contract for work and/or a contract for professional services between the temporary agency worker and a third party for the same or different work, where that third party has been designated by the user company is designated by the principal, is affiliated with the principal in a group or is a subsidiary or parent company of the principal is a subsidiary or parent company of the principal.
2. For the application of the provisions of this article principal and temporary employee must also be understood to mean a potential principal and potential temporary employee shall also be understood to mean a potential principal and potential temporary employee.
3. The principal informs the temporary employment agency in writing of its intention to enter into an employment the principal shall inform the temporary employment agency in writing of its intention to enter into an employment relationship with the temporary employee before implementing that intention.
4. The principal is familiar with the laws and regulations regarding successive employership and it accepts all obligations ensuing therefrom.
5. The client is responsible for investigating and assessing the employment history of the temporary employee. At the principal's request the temporary employment agency may - insofar as permitted information about the temporary employee's employment history at the principal's request.
Because the temporary employment agency depends on the temporary employee for the aforementioned information the temporary employment agency does not guarantee the correctness and completeness of the information provided.
6. The principal shall not enter into an employment relationship with the temporary employee as long as the temporary employment contract between the temporary employment agency and the temporary employee has not been validly terminated.
7. If the temporary employee has performed 1040 hours of work in the context of the assignment, the principal who enters into an employment relationship with the temporary employee does not owe the temporary employment agency any compensation owed. If the principal enters into an employment relationship with a temporary employee before this has performed 1040 hours of work on the basis of the assignment, the principal shall owe a fee amounting to 35% of the most recently applicable principal's rate (calculated over the agreed hours) over the remaining duration of the assignment or, in the case of an assignment that can be terminated early termination, over the notice period not observed. This on the understanding that the client always owes owe a compensation amounting to at least 35% of the most recently applicable client rate over 1040 hours minus the hours - based on the assignment - already worked by that temporary employee.
Article 16 Intellectual and industrial property
incipal'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 any compensation in that respect or otherwise incurs costs the principal will owe the temporary employment agency the same compensation or the same costs.
2. The principal is free to enter into an agreement directly with the temporary employee or to submit a statement to the temporary employee 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.
3. The temporary employment agency is not liable towards the principal for any fine or penalty that the temporary employee forfeits or any damage that the principal sustains as a result of the fact that the temporary employee invokes any intellectual and/or industrial property right.
Article 17 Recruitment and Selection by ML-Works
1. Recruitment & Selection is the assignment whereby ML-Works selects one or more candidates for the purpose of employment for a client and introduces these orally or in writing to the client.
2. There is a successful fulfilment of the assignment if a candidate introduced by ML-Works to the client accepts the employment contract (or is employed in any other way). Successful completion of the assignment is also understood to mean that a candidate proposed by ML-Works enters into service within 12 months after the introduction or is employed in any other way, whether or not through third parties, by the customer or an affiliated company.
3. The client is not allowed to disclose data of candidates proposed by ML-Works to third parties without prior written consent of ML-Works. If the client does not enter into an agreement with the candidate, the client should destroy the data.
4. The fee for successful fulfillment amounts to a percentage of the selected candidate's gross annual salary upon employment based on full-time employment. The gross annual salary also includes 100% of the maximum achievable commission and bonus, as well as holiday allowance, 13th month and shift bonus. This will be increased with VAT.
5. Unless the customer has made an explicit reservation in this respect in advance, the fee mentioned in paragraph 4 is also due if the candidate introduced by ML-Works appears to be known to the customer to a greater or lesser extent through a job application or otherwise.
6. If the client withdraws or terminates an assignment or modifies elements of an assignment in such a way that, in the opinion of the temporary employment agency, there is a new assignment, before a candidate already offered in the context of the assignment has been accepted, the client owes ML-Works a fee amounting to 50% of the fee mentioned in paragraph 4.
Article 18 Confidentiality
1. The temporary employment agency and the principal will not provide any confidential information from or about the other party, its activities and its business relations that has come to their knowledge as a result of the assignment to third parties, unless - and then insofar as - the provision of that information is necessary in order to be able to properly carry out the assignment or they are under a statutory duty to disclose.
2. 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 under a legal obligation to disclose such information.
3. The principal is free to oblige the temporary employee directly to observe confidentiality. The principal will inform the temporary employment agency of its intentions in that respect and will provide the temporary employment agency with a copy of the declaration agreement drawn up in that respect.
4. The temporary employment agency is not liable for any fine, penalty or any damage that the principal incurs as a result of the temporary employee breaching a duty of confidentiality.
Article 19 Special obligations regarding identity and processing personal data
1. The principal to whom the temporary employment agency supplies a temporary employee/candidate shall verify and establish the identity of the temporary employee/candidate in accordance with the applicable laws and regulations, including but not limited to the Dutch Foreign Nationals (Employment) Act [Wet arbeid vreemdelingen], the Dutch Wages and Salaries Tax Act [Wet op de loonbelasting] and the Dutch Compulsory Identification Act [Wet op de identificatieplicht]. Client will also comply with its administrative and storage obligations.
2. With regard to foreign nationals, the principal expressly declares that he is familiar with the WAV, including that the principal must receive a copy of the document referred to in section 1, subsections 1 to 3 of the Dutch 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 in the context of the WAV.
3. The client explicitly declares to be 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 be able to comply with the aforementioned legislation. The principal will in any event only use the personal
The principal will in any event only use the personal data obtained through the temporary employment agency for the purpose for which it was obtained and will not store it any longer than in accordance with the laws and regulations longer than permitted in accordance with the laws and regulations and will ensure adequate security of this personal data.
Article 20 Treatment
1. The principal and the temporary employment agency will not make any prohibited distinctions based on religion, personal beliefs, political persuasion, gender, race, nationality, heterosexual or homosexual orientation, marital status, handicap, chronic illness, age or any other grounds whatsoever. Client and temporary employment agency shall only set or take into account requirements relevant to the job when granting or performing the assignment, and in the selection and treatment of temporary employees/candidates.
2. The Client is familiar with the Whistleblowers Act and guarantees that the temporary employee will have access to the whistleblowers' scheme in the same manner as its own staff if the Client has such a scheme or applies to it.
3. If the principal has a complaints scheme with regard to the treatment of employees, it shall guarantee that the temporary employee has access to this complaints scheme in the same way as its own staff. This only concerns complaints that do not concern the employership of the temporary employment agency. All this, insofar as there are no legal obligations otherwise.
Article 21 Co-determination
1. The principal is obliged to give a temporary employee who is a member of the temporary employment agency's works council or the principal's works council the opportunity to exercise those co-determination rights in accordance with laws and regulations.
2. If the temporary employee exercises participation in the principal's company the principal shall also owe the principal's rate for the hours during which the temporary employee performs work during working hours or takes a training course in connection with the exercise of participation.
3. Client declares that it is aware of its information obligations pursuant to the Works Councils Act (WOR) regarding the (expected) deployment of temporary employees in its company. If and insofar as the principal wishes to base its fulfilment of these information obligations on information provided or to be provided by the temporary employment agency, the provision of information will not go beyond what the WOR requires.
Article 22 Obligations relating to the Law on allocation of labor forces by intermediaries
1. The client expressly declares that it is familiar with Article 8b of the Wet allocatie arbeidskrachten door intermediairs and ensures that temporary workers have equal access to the company facilities or services in its company, in particular canteens, childcare and transport facilities, as the employees, who are employed by its company in equal or equivalent positions, unless the difference in treatment is justified for objective reasons.
2. The client expressly declares that it is familiar with Article 8c of the Wet allocatie arbeidskrachten door intermediairs (Law on the allocation of labor forces by intermediaries) and ensures that vacancies arising within its company are communicated to the temporary employee in a timely and clear manner, so that the temporary employee has the same opportunities for an employment contract for an indefinite period of time as the employees of that company.
3. 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 strike, lockout or company occupation. In the performance of its supervision and management of the temporary worker, the Client shall expressly not give orders to the temporary worker that will violate Article 10 Waadi. Such as, but not limited to, having temporary workers perform work normally performed by employees who are currently participating in collective actions.
4. The client expressly declares that it is familiar with Article 12a of the Wet allocatie arbeidskrachten door intermediairs. Before the commencement of the posting and thereafter if necessary the principal will provide the temporary employment agency with timely and complete information in writing or electronically about the employment conditions.
Article 23 Client's liability
1. A principal who fails to perform or properly performs the obligations ensuing for it from these general terms and conditions, assignments and/or other agreements will be obliged to compensate the temporary employment agency for any damage that ensues from that failure. The provisions of this Article apply generally, both - supplementary if necessary - with respect to subjects in respect of which the obligation to pay compensation has already been provided for separately in these General Terms and Conditions, assignments and/or other agreements and with respect to subjects in which that is not the case.
Article 24 Liability of ML-Works
1. ML-Works enters into obligations of effort only. This means that it is bound to make efforts to properly execute the order. If and insofar ML-Works fails to fulfill this obligation, ML-Works - taking into account the other paragraphs of this article - will be liable to compensate the damage suffered by the customer as a result thereof, provided that the customer files a written complaint with ML-Works as soon as possible, but not later than three months after the damage occurs or becomes known, and proves that the damage is the direct result of an attributable shortcoming on the part of ML-Works.
2. The temporary employment agency is not liable to the principal for damages and losses to/of the principal, third parties or the temporary employee himself, resulting from acts or omissions of the temporary employee. Nor is the temporary employment agency liable towards the principal for obligations which temporary employees have entered into or which have arisen towards the principal or third parties, whether or not with the consent of the principal or those third parties.
3. The total liability of ML-Works on account of an attributable failure in the performance of the Agreement or on any legal ground whatsoever, expressly including any failure in the performance of an obligation agreed upon with the Customer, is limited to compensation for direct damage. Direct damage is understood to mean only damage resulting from damage or destruction of an item (repair costs or replacement costs).
4. ML-Works shall never be liable for indirect damage suffered by the Customer, which includes (but is not limited to): consequential damage, lost profits, lost savings, reduction of goodwill, damage as a result of claims from customers of the Customer, lost revenues, lost turnover, lost savings, damage due to business and other stagnation.
5. Also excluded is any liability of ML-Works related to destruction or loss of data or documents.
6. ML-Works will never be liable for damages caused because ML-Works has relied on incorrect data/files/resources and information provided by or on behalf of the Customer.
7. ML-Works' liability, including any payment obligation under an undoing obligation and any payment obligation under Article 6:230 of the Dutch Civil Code, to the Client shall at all times be limited to the amount paid out by ML-Works' liability insurance policy, if any.
Article 25 Applicable law and choice of forum
1. These general terms and conditions, assignments and/or other agreements are governed by Dutch law.
2. All disputes arising from or connected with a legal relationship between the parties will be settled in the first instance exclusively by the competent court of the district in which the temporary employment agency's head office is located.
Article 26 Final provision
1. If one or more provisions of these general terms and conditions are null and void or annulled, the remaining provisions of the general terms and conditions, assignments and/or other agreements shall 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.