Contents
Article 1 Scope
Article 2 Definitions
Article 3 The contract and posting
Article 4 Replacement and availability
Article 5 Right of suspension
Article 6 Working procedure
Article 7 Working time and working hours
Article 8 Business closures and compulsory days off
Article 9 Function and remuneration
Article 10 Good management and supervision
Article 11 Working conditions
Article 12 Client liability
Article 13 Client rate
Article 14 Invoicing
Article 15 Commitment and liability
Article 16 Intellectual and industrial property
Article 17 Confidentiality
Article 18 Verification and retention obligation of the client
Article 19 Prevention of unacceptable discrimination
Article 20 Participation
Article 21 Disputes
Article 22 Final provision

Additional Terms and Conditions Europlus B.V.

Article I Direct employment relationship
Article II Compliance Law on Labour Foreigners
Article III Setting up an employment relationship with a temporary worker
Article IV Special minimum commitments
Article V Payment and consequences of default

These General Terms and Conditions apply to the business relationship between Temporary Undertakings and their principals, provided that there is no legal derogation.

Article 1 Scope

1. These General Conditions apply to all offers, contracts and other contracts of the temporary agency to the extent that they relate to the provision of temporary agency workers to clients.
2. Any purchase or other conditions of the client are not applicable.
3. Deviations from these Terms and Conditions apply only if agreed in writing.

Article 2 Definitions

For the purposes of these General Conditions:
1. Temporary agency: Europlus B.V. established in Tiel bv e temporary agency company established in the Netherlands which makes temporary agency workers available to clients on the basis of an agreement.
2. Temporary: any natural person who has entered into a temporary employment contract as referred to in Article 7:690 BW with the temporary agency to perform work for a third party under the direction and supervision of that third party.
3. Client: any natural or legal person who has a temporary staff undertaking activities under his or her direction and supervision under a contract as referred to in paragraph 4 of this Article.
4. Command: the agreement between a sponsor and the temporary agency under which a single temporary agency worker, as referred to in paragraph 2 of this Article, is made available to the sponsor by the temporary agency to carry out activities under its direction and supervision, at the payment of the principal rate.
5. Posting: the employment of a temporary agency worker under a contract.
6. Temporary clause: the written provision in the contract of employment between the temporary agency and the temporary agency and/or in the collective agreement, stating that the contract of employment shall automatically end by the termination of the posting of the temporary agency by the temporary agency to the client at the request of the client (Article 7:691 (2) WW).
7. CAO: ABU
8. Client rate: the rate payable by the client to the temporary agency, excluding surcharges, fees and VAT. The rate is charged per hour, unless otherwise stated.
9. Loans: the legally valid remuneration of an employee employed by the sponsor, employed in a position equivalent to or equivalent to the function performed by the temporary agency. The collective agreement provides for the following elements:
a. The current period wage in scale;
b. The applicable reduction in working time (to be offset in time or money at the choice of the temporary agency);
c. Supplements for overtime, deferred hours, irregularity (including holiday allowances) and shift allowance;
b. Initial wage increases, level and time as determined by the sponsor;
e. Costs (insofar as the temporary agency can pay them free of payroll taxes and premiums);
b. Periodicals, height and time as determined by the sponsor.
10. Work force scheme: the specific provision in the collective agreement applicable to the contraaing authority, which relates to the remuneration (as referred to in paragraph 9) of professionals and which have been notified in writing to and approved by the parties to the (ABU) Collective Labour Agreement for Temporary Workers and must therefore be applied from the first day of the period of residence of the temporary worker with the contraaing authority concerned.

Article 3 The contract and the posting

1. The contract shall be concluded for a fixed or indefinite period.
2. The fixed-term contract shall be the one entered into:
• or for a fixed period;
• for a defined period;
• for a defined period which does not exceed a fixed period.
The fixed-term contract ends automatically by the expiry of the agreed time or by the occurrence of a pre-determined objectively identifiable event.
3. An indefinite contract must be terminated in writing subject to 15 calendar days’ notice.
4. Interim termination of the fixed-term contract is not possible unless otherwise agreed in writing. If interim termination is agreed, notice may be given with a notice of 15 calendar days. The termination shall be in writing.
5. Each contract shall end without delay for termination at the time when one of the parties calls for termination of the contract because:
• the other party is in default;
• the other party has been wound up;
• the other party has been declared bankrupt or has applied for suspension of payment.
If the temporary agency calls for dissolution on one of these grounds, the client’s request to terminate the posting shall lie in the client’s conduct on which the dissolution is based. This does not give rise to any liability of the temporary agency for the damage resulting from the client. As a result of the dissolution, the claims of the temporary agency will be payable immediately.
6. The end of the contract means the end of the posting. Termination of the contraa by the contraaing authority shall consist in the client’s request to the temporary agency to terminate the current posting by the date on which the contraa was legally terminated, or at which the contraa was legally dissolved.
7. If the temporary agency worker and the temporary agency undertaking are subject to the temporary agency clause, the posting of the temporary agency worker shall end at the request of the sponsor when the temporary agency worker reports that he is unable to perform the work for incapacity to work. Where necessary, the client shall be deemed to have made this request. The sponsor shall confirm this request in writing to the temporary agency on request.
8. The posting shall end automatically if and as soon as the temporary agency can no longer provide the temporary agency staff, by the termination of the employment contract between the temporary agency and the temporary agency staff and by the termination of the contract of employment for the same client. In this case, the temporary agency fails to meet the client and is not liable for any damage caused to the client.

Article 4 Replacement and availability

1. The temporary agency shall be entitled to offer a replacement temporary agency during the duration of the contract. The sponsor may reject such a proposal on reasonable grounds.
2. The temporary agency shall be entitled at any time to propose to the contraaing authority the replacement of a temporary agency worker made available to it by another temporary agency worker continuing the contract for the purposes of the temporary agency’s business policy or personnel policy, maintaining employment or complying with applicable laws and regulations, in particular the Employment Directive for the temporary agency industry. The client will reject such a proposal only on reasonable grounds. The client shall provide written justification for any rejection requested.
3. The temporary agency shall fail to meet the client and shall not be obliged to compensate the client for any damage or costs if, for any reason, the temporary agency cannot (anymore), at least not (anymore) in the manner and extent of the contract or subsequently agreed upon for the client.

Article 5 Right of suspension

1. The principal shall not be entitled to temporarily suspend the employment of the temporary worker in whole or in part, unless there is force majeure within the meaning of Article 6:75 Civil Code.
2. By way of derogation from paragraph 1 of this Article, suspension shall be possible where:
it is agreed in writing and the duration is fixed;
the sponsor demonstrates that there is temporary absence of work or that the temporary worker cannot be employed and;
the temporary agency can successfully call on temporary agency workers to exclude the payment obligation under the collective agreement. The principal shall not be liable for the principal’s tariff for the duration of the suspension.
3. If the Client is not entitled to temporarily suspend the employment, but the Client temporarily has no work for the temp or cannot employ the temp, the Client is obliged to pay the Client’s rate in full to the TEMP for each period (week, month, etc.) under the last applicable or usual number of hours and overtime for the duration of the assignment.

Article 6 Working procedure

1. The contraaing authority shall provide the temporary agency with an accurate description of the position, job requirements, working hours, work, work, work, working conditions and the intended duration of the contract before the commencement of the contract.
2. The temporary agency shall determine, on the basis of the information provided by the contraaing authority and the qualities, knowledge and skills known to it by the temporary agency workers who are eligible, which temporary agency workers it shall propose to the contraaing authority for the performance of the contraa. The sponsor shall be entitled to reject the proposed temporary agency worker, thereby preventing the proposed temporary agency worker from being posted.
3. The temporary agency undertaking shall not be in breach of the contraaing authority and shall not be obliged to compensate for any damage if the contacts between the contraaing authority and the temporary agency undertaking prior to a possible assignment, including a specific request by the contraaing authority to provide a temporary agency worker, for whatever reason, do not lead to the actual posting of a temporary agency worker within the time limit specified by the contraaing authority.
4. The temporary agency shall not be liable for any damage resulting from the employment of workers which is found not to comply with the requirements of the contraaing authority, unless the contraaing authority submits a written complaint to the temporary agency within a reasonable period of time after the date of posting, proving that the temporary agency has been deliberately or deliberately recklessly selected.

Article 7 Working time and working hours

1. The amount of work and the working hours of the temporary worker at the principal shall be recorded in the order confirmation or otherwise agreed. The working hours, working hours and rest periods of the temporary staff shall be the same as those of the contraaing authority, unless otherwise agreed. The contraaing authority shall ensure that the working time and the rest and working hours of the temporary worker comply with the legal requirements. The sponsor shall ensure that the temporary worker does not exceed the legally permitted working hours and the agreed working size.
2. Vacation and leave of the temporary worker are arranged in accordance with the law and collective agreement.

Article 8 Business closures and compulsory days off

1. The contraaing authority shall inform the temporary agency at the time of entering into the contract of termination of the contract of termination of the contract and collectively required days off during the duration of the contract, so that the temporary agency may, if possible, include this circumstance in the contract of employment with the temporary agency worker. If a plan to establish a business closure and/or collective mandatory days of leave becomes known after the contract has been concluded, the sponsor shall inform the temporary agency immediately after its publication. If the contraaing authority fails to inform the temporary agency in good time, the contraaing authority shall, for the duration of the closure, pay the contraaing undertaking the principal’s rate of the last or usual number of hours and overtime per period.

Article 9 Function and remuneration

1. Before the commencement of the contract, the contraaing authority shall provide the description of the function to be performed by the temporary agency and the corresponding grading in the remuneration scheme of the contraaing authority.
2. The remuneration of the temporary agency worker, including any fees and expenses, shall be determined in accordance with the collective agreement (including the provisions relating to the employee’s remuneration, see paragraphs 4 and 6 below, and the applicable laws and regulations, on the basis of the job description provided by the contraaing authority.
3. If it appears at any time that that job description and the corresponding grading do not correspond to the function actually performed by the temporary agency, the sponsor shall immediately provide the appropriate job description and corresponding grading to the temporary agency. The remuneration of the temp will be re-established on the basis of the new job description. The post and/or grading may be adjusted during the contract if the temporary worker reasonably claims that adjustment by recourse to legislation, collective agreement and/or employee remuneration. If the adjustment leads to a higher remuneration, the temporary agency shall correct the remuneration of the temporary agency worker and the client rate accordingly. The contraaing authority shall be liable for this adjusted rate from the moment of performance of the actual function to the temporary agency.
4. Under the collective agreement, the temporary agency is obliged to apply the employee’s remuneration after 26 weeks worked by the temporary agency worker.
5. The sponsor shall provide the temporary agency with information on all the elements of the user’s remuneration referred to in Article 2 (9), in good time but not later than the 22nd week worked by the temporary agency; only if known at that time).
6. If the temporary agency has been agreed with the sponsor from the first working day of the temporary agency worker to apply the user fee and/or if there is a professional arrangement, the temporary agency shall apply the user fee from the first working day of the temporary agency worker and the principal shall provide the temporary agency with the information referred to in paragraph 5 of this Article before the start of the work.
7. The sponsor shall inform the temporary agency in good time, and at least immediately at the time of its publication, of changes in the user’s remuneration and of fixed initial wage increases.
8. Overtime, shiftwork, special times or days (including public holidays) and/or deferred hours shall be remunerated in accordance with the relevant rules in the collective agreement or contract of employment or contract of employment, where applicable, the employee’s remuneration and shall be passed on to the principal.

Article 10 Good management and supervision

1. The contraaing authority shall behave with the same care with regard to the temporary worker in the exercise of supervision or management and with regard to the performance of the work as he is required to do to his own employees.
2. The contraaing authority shall not, in turn, be allowed to borrow the temp to a third party; that is to make available to a third party for carrying out activities under the supervision or direction of that third party. Relocating means making available by the client to a (legal) person with whom the client is affiliated in a group (group).
3. The contraaing authority may employ the temporary agency worker by way of derogation from the terms of the contract and conditions only if the temporary agency undertaking and the temporary agency worker have given their prior written consent.
4. Employment of temporary workers abroad by a client established in the Netherlands is only possible under strict supervision and supervision of the client and for a fixed period of time, if this has been agreed in writing with the temporary agency and the temporary agency has agreed in writing.
5. The contraaing authority shall compensate the temporary agency worker for the damage caused by the damage or destruction of a business belonging to him, which has been used in the course of the assignment.
6. The temporary agency shall not be liable to the principal for any damage or loss to the principal, third parties or to the temporary agency worker himself resulting from the temporary agency worker’s actions or omissions.
7. The temporary agency shall not be liable to the principal for any commitments made by temporary agency workers with or for them towards the principal or third parties, whether or not with the consent of the principal or those third parties.
8. The contraaing authority shall indemnify the temporary agency for any liability (including costs including the actual costs of legal aid) of the temporary agency as the employer of the temporary agency staff, directly or indirectly, in respect of the damages, losses and commitments referred to in paragraphs 5, 6 and 7 of this Article.
9. The client will, as far as possible, adequately insure himself against liability under the provisions of this article. At the request of the temporary agency, the sponsor shall provide proof of insurance.

Article 11 Working conditions

The client declares himself familiar with the fact that he is considered an employer in the Working Conditions Act.
1. The principal shall be responsible to the temporary agency and the temporary agency for the fulfilment of the obligations arising from Article 7:658 Civil Code, the Working Conditions Act and the associated regulations in the field of workplace safety and good working conditions in general.
2. The contraaing authority shall be obliged to provide the temporary agency and the temporary agency in good time, at least one working day before the commencement of the work, with information in writing on the professional qualifications required and the specific characteristics of the job to be taken into account. The client provides the temporary agency with active information regarding the Risk Inventory and Evaluation (RIE) used within his company.
3. If an occupational accident or an occupational disease occurs, the sponsor shall, if required by law, immediately inform the competent authorities and ensure that a written report is made without delay. The report shall specify the circumstances of the accident in such a way as to enable it to be drawn up with reasonable assurance, or
the extent to which the accident is the result of insufficient measures taken to prevent the accident or occupational disease. The sponsor shall inform the temporary agency as soon as possible about the occupational accident or occupational disease and shall submit a copy of the report drawn up.
4. The principal shall compensate the temporary agency and shall indemnify the temporary agency against any damage (including the actual costs of legal aid) suffered by the temporary agency in the course of the performance of its duties, if and to the extent that the principal and/or the temporary agency is liable under Article 7:658 and/or Article 7:611 Civil Code.
5. If the industrial accident leads to death, the client is obliged to compensate for damage (including costs including actual costs of legal aid) in accordance with Article 6:108 Civil Code to the persons referred to in that article.
6. The client will be adequately insured against liability under the provisions of this article. At the request of the temporary agency, the sponsor shall provide proof of insurance.

Article 12 Client liability

1. The contraaing authority which fails to fulfil its obligations under these Terms and Conditions, in 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 (paragraph 2), 17 (paragraph 1), 19 and 20 (paragraph 1) shall be obliged to compensate for any resulting damage by the temporary agency (including all costs including legal aid), without requiring prior notice of formal notice, and shall, if necessary, protect the temporary agency in this respect. This is without prejudice to the possibility for the temporary agency to bring any other claims, such as invoking dissolution. The provisions of this Article are general provisions, both supplementary where necessary, in respect of matters where the obligation to pay damages has already been dealt with separately in these General Terms and Conditions and in respect of subjects where this is not the case.

Article 13 Client rate

1. The client rate due by the client to the temporary agency shall be calculated on the hours on which the temporary agency is entitled under the contract and/or conditions and shall always be calculated at least on the hours actually worked by the temporary agency. The commissioning rate shall be multiplied by the surcharges and increased by the fee due to the temporary agency. VAT will be charged on the commissioning rate, the surcharges and fees.
2. If at any time, in accordance with Article 9 (4) of these terms and conditions, the user fee is to be applied, the temporary agency shall re-establish the remuneration of the temp and the client rate on the basis of the information provided by the client regarding the job classification and user remuneration. The remuneration and the client rate shall include all the elements of the user fee applicable to the client.
3. In addition to the case referred to in paragraph 2, the temporary agency shall also be entitled to adjust the commissioning rate during the term of the contract if the costs of temporary agency work increase:
• as a result of changes to the collective agreement or to the wages and salaries which it consequently arranges or changes to the collective agreement and/or working conditions in force with the contraaing authority or to the wages and conditions laid down therein;
• as a result of amendments to or as a result of legislation and regulations, including changes to or as a result of social and fiscal laws and regulations, the collective agreement for temporary workers or any binding regulation;
• as a result of a (periodic) wage increase and/or a (one-time) compulsory benefit resulting from the collective agreement, the collective agreement and/or working conditions and/or legislation applicable to the client.
4. If, contrary to paragraphs 2 and 3 of this Article, the client does not agree to the payment of the adjusted client rate, the client’s request to terminate the posting shall lie there.
5. Any adjustment of the client rate shall be made public to the client by the temporary agency as soon as possible and shall be confirmed in writing to the client. If, due to any cause attributable to the client, the remuneration and/or the client’s rate is too low, the temporary agency shall also be entitled, retroactively, to bring the remuneration and the client’s rate to the right level. The temporary agency may also charge the principal for the costs incurred by the temporary agency as a result of such payments and costs.

Article 14 Invoicing

1. Invoicing takes place on the basis of the method of time accounting agreed with the client and also on the basis of what the contract, by contract or these terms are determined. Unless otherwise agreed in writing, the time accounting shall be done by written declaration forms agreed by the client.
2. The sponsor and temporary agency may agree that the time accounting is done by means of a time recording system, an electronic and/or automation system or by means of summaries drawn up by or for the client.
3. The contraaing authority shall ensure a correct and complete period of time and shall be required to ensure or to ensure that the information contained therein by the temporary agency worker is correctly and truthfully stated, such as: the name of the temporary worker, the number of hours worked, overtime, irregular hours and hours of shiftwork, the other hours on which the commissioning rate is due under the contract and conditions, any supplements and any expenses actually incurred.
4. If the client provides the time justification, he shall ensure that the temporary agency is responsible for the week worked by the temporary agency. The principal shall be responsible for the manner in which the time-account is provided to the temporary agency.
5. Before submitting the time-account, the client gives the temporary worker the opportunity to check the time-account. If and to the extent that the temporary agency worker contests the information given in the time accounting, the temporary agency undertaking shall be entitled to set the hours and costs in accordance with the temp declaration, unless the sponsor can prove that the information he has provided is correct.
6. If the payment is made by means of declaration forms to be supplied by the agency, the client shall retain a copy of the declaration form. In the event of a difference between the declaration form submitted by the temporary agency to the temporary agency and the copy retained by the client, the declaration form for the statement of account submitted by the temporary agency to the temporary agency shall be considered complete, subject to counter-proof provided by the principal.

Article 15 Commitment and liability

1. The temporary agency shall endeavour to carry out the contract properly. If and to the extent that the temporary agency does not comply with this obligation, the temporary agency shall, taking into account the provisions of paragraphs 2 and 3 below and elsewhere in the General Conditions, be obliged to compensate for the resulting direct damage of the contraaing authority, provided that the contraaing authority submits a written complaint to the temporary agency as soon as possible, but not later than three months after the occurrence or disclosure of such damage, showing that the damage is the direct result of an attributable deficiency on the part of the temporary agency.
2. Any liability of the temporary agency arising from the contract shall be limited to the commissioning rate to be charged by the temporary agency to the principal for the performance of the contract, for the agreed number of working hours and the agreed duration of the contract up to a maximum of three months. The maximum amount to be paid by the temporary agency shall in no case exceed the amount to be paid by its insurance.
3. In all cases, liability of the temporary agency for indirect damage, including consequential damage, loss of profit, lost savings and damage caused by business stagnation is excluded.

Article 16 Intellectual and industrial property

1. The temporary agency undertaking shall, at the request of the contraaing authority, have the temporary agency worker sign a written declaration in order to ensure, as far as necessary and possible, that all intellectual and industrial property rights are transferred to the contraaing authority on the results of the work of the temporary agency. If the temporary agency is liable to pay the temporary agency worker or otherwise to incur costs in this connection, the sponsor shall be liable to the temporary agency.
2. The contraaing authority shall be free to enter directly into an agreement with the temporary agency or to submit to it a declaration for signature on the intellectual and industrial property rights referred to in paragraph 1. The sponsor shall inform the temporary agency of its intention to do so and shall provide a copy of the relevant agreement/declaration to the temporary agency.
3. The temporary agency shall not be liable to the contraaing authority for a fine or periodic penalty payment which damages the agency worker or any damage suffered by the contraaing authority as a result of the temporary agency’s recourse to any right of intellectual and/or industrial property.

Article 17 Confidentiality

1. The temporary agency and the principal shall not provide confidential information from or about the other party, its activities and relationships, which have come to their knowledge as a result of the assignment, to third parties, unless such information is necessary to enable them to carry out the contract properly or to have a legal obligation to disclose.
2. The temporary agency undertaking shall, at the request of the contraaing authority, require the temporary agency worker to maintain secrecy as to what is known or perceived in the performance of the work, unless the agency worker has a legal obligation to publish.
3. The principal shall be free to require the temporary agency staff directly to secrecy. The sponsor shall inform the temporary agency of its intention to do so and provide a copy of the relevant statement/agreement to the temporary agency. The temporary agency shall not be liable for a fine, periodic penalty payment or any damage suffered by the contraaing authority as a result of breach of that obligation of professional secrecy by the temporary agency.

Article 18 Verification and retention obligation of the client

1. The principal to whom a foreigner is made available by the temporary agency within the meaning of the Wet Werk onderwijst, expressly states that Article 15 of that Act expressly states that, at the start of the employment, the principal must receive from the foreigner a copy of the document referred to in Article 1 of the Act on the obligation to identify the foreigner. The principal shall be responsible for a careful check of the document referred to above and shall establish the identity of the foreigner and include a copy of the document in his records. The temporary agency is not responsible or liable for any fine imposed on the client by the Foreign Labour Act.

Article 19 Prevention of unacceptable discrimination

1. In order to prevent any undue discrimination, in particular according to religion, belief, political orientation, sex, race, nationality, heterosexual or homosexual orientation, civil status, disability, chronic illness, age or any other ground, non-functioning requirements cannot be imposed by the sponsor or be taken into account by the temporary agency.

Article 20 Participation

1. The contraaing authority shall be obliged to allow the temporary agency worker who is a member of the works council of the temporary agency undertaking or of the contraaing authority’s works council to exercise these rights of participation in accordance with laws and regulations.
2. If the temporary agency worker participates in the client’s undertaking, the client shall also be liable for the commissioning fee for the hours during which the temporary agency worker carries out work or undergoes training in connection with the exercise of participation.

Article 21 Disputes

All disputes arising out of, or related to, a legal relationship between the parties to which these General Conditions apply shall be settled in the first instance by the competent court of the district in which the head office of the temporary agency is located.

Article 22 Final provision

If one or more provisions of these General Terms and Conditions are null and void, the contract and the General Terms and Conditions for the rest will remain in force. Provisions which are not legally valid or cannot be applied in law will be replaced by provisions which, as far as possible, correspond to the scope of the provisions to be replaced.

Additional conditions for the provision of temporary agency workers and employment services of Europlus BV

Article I Direct employment relationship

The client will not enter into (direct) employment relations with or even take the initiative of an employee of the temporary agency without prior consultation with and written consent of the temporary agency. If the client intends to contact a permanent employee of the temporary agency for an employment with the client, it will first consult the temporary agency.

Article II Compliance Law on Labour Foreigners

Following Article 18 of the ABU General Terms and Conditions, the client is required to inform the temporary agency in writing within 14 days of the start of the work by the temporary agency if he has not received a copy of the foreigner’s ID. The burden of proof concerning timely notification rests on the client. After these 14 days, the client shall indemnify the temporary agency for all harmful consequences and penalties resulting from insufficient compliance with the administrative obligation by the client as a result of the Wet Arbeid Aliensenen and shall be liable to compensate for all resulting damage to the temporary agency (including the costs of legal aid) without prior notice.

Article III Setting up an employment relationship with a temporary worker

A. For the purposes of this Article, establishing an employment relationship with a temporary agency shall mean:
• entering into an employment contract, an agreement for the adoption of work and/or a contract of employment by the client with the temporary agency worker;
• making the temporary agency worker concerned available to the client by a third party (e.g. another temporary agency);
• the establishment of an employment relationship by the temporary agency worker with a third party, where the sponsor and the third party are linked in a group (as referred to in Article 2:24b of the BW) or one is a subsidiary of the other (as referred to in Article 2:24a of the BW).
B. For the purposes of this Article, temporary agency workers shall also mean:
• the (aspiring) staff registered with the temporary agency;
• the (aspiring) agency proposed to the client;
• the temporary worker whose posting ended less than three months before entering into the employment relationship with the client.
C. The client is only entitled to enter into an employment relationship with a temporary agency if and to the extent that the provisions of this article are fulfilled.
D. The contraaing authority shall inform the temporary agency in writing of its intention to enter into an employment relationship with the temporary agency before implementing that intention.
E. The principal shall not enter into an employment relationship with the temporary agency if and to the extent that the temporary agency cannot legally terminate or terminate the employment contract with the temporary agency, and if and to the extent that the client cannot legally terminate or terminate the contract with the temporary agency.
F. If, in accordance with paragraph C. to E., the client enters into an employment relationship with the temp for the same or other function within a period of 1040 hours after the start of the posting, the client shall be liable to the temporary agency:
1. if the employment relationship with the temporary staff begins before the posting lasts 350 hours worked: a fee of 20% of the last applicable commission rate for the temporary agency worker concerned calculated over a period of 1040 hours;
2. if the employment relationship with the temporary worker starts after the posting took 350 hours worked but lasted 700 hours worked: a fee of 15% of the last applicable commission rate
for the temporary agency worker concerned calculated over a period of 1040 hours;
3. if the employment relationship with the temporary worker starts after the posting has lasted 700 hours worked but has lasted 1040 hours worked: a fee of 10% of the last applicable commission rate
for the temp in question calculated over a period of 1040 hours.
G. For the purposes of this Article, “weeks worked’ means: weeks during which the temporary agency worked with the contraaing authority. The contraaing authority shall also be liable to the fee referred to in this paragraph if, within three months of the termination of the posting to the contraaing authority, the temporary agency applies to the contraaing authority directly or through third parties, or if, within three months of the termination of the posting to the contraaing authority, the contraaing authority approaches the temporary agency within three months of the termination of the posting to the contraaing authority directly or via third parties, and the contraaing authority subsequently enters into an employment relationship with the temp in question.
H. If a temporary agency worker has been proposed to a possible client through the intervention of the temporary agency and this potential client enters into an employment relationship with that temporary agency worker for the same or another function before the posting takes place, the potential client shall be liable to a fee of 20% of the client’s rate, which would have been applicable to the temporary agency worker concerned over a period of 1040 hours if the posting had been made. The principal shall always be liable for this fee if the principal has first come into contact with the temporary agency through the agency. Even if, within three months of the contact being established, the temporary agency worker applies directly or through third parties to the contraaing authority or if, within three months of the contact being established, the contraaing authority approaches the temporary agency worker directly or via third parties, and consequently enters into an employment relationship with the temporary agency worker concerned, the contraaing authority shall be liable for the compensation referred to in the first sentence of this paragraph.
I. If the client enters into an employment relationship with the temporary agency during a contract which can be terminated in the interim, the client shall be entitled to decide not to comply with the notice given under the contract. In this case, however, the client is obliged to compensate for the damage caused to the temporary agency. This damage is fixed at 30% of the client’s rate on the notice period not observed for the contract in question. In addition, the client shall pay the fee referred to in paragraph F. of this article, where applicable.
J. If the contraaing authority enters into an employment relationship with the temporary agency during a contract which cannot be cancelled in the interim, the contraaing authority shall be obliged to pay the agreed commission rate for the temporary agency worker concerned for the remainder of the contract. In addition, the
to pay the fee referred to in paragraph F. of this Article, where applicable.
K. The client rate, as stated several times in this article, is calculated over the last applicable or usual number of hours or overtime, as if the contract had been concluded or not ended, under the terms and conditions of the contract, with a minimum of 20 hours per week. The provisions of Article 5 of these General Conditions shall also apply to the fees charged under this Article III.

Article IV Special minimum commitments

If:
1. the temporary agency shall report at the agreed time and place for the performance of the temporary agency work, but shall not be able to commence the temporary agency work by the sponsor, or:
2. under the contract, the amount of temporary work is less than 15 hours per week and the
time at which the temporary agency work is to be carried out has not been fixed, or if the amount of temporary agency work has not been fixed or is not clearly fixed, the principal shall at least pay to the temporary agency by call the client rate calculated over three hours worked, without prejudice to the other obligations of the client towards the temporary agency.

Article V Payment and consequences of default

a. The contraaing authority shall be obliged at all times to pay any note submitted by the temporary agency within 14 calendar days of the invoice date. If a note has not been paid within this period, the principal will be due automatically in default and interest of 1% per month from then on, counting part of a month to a full month. Suspension of payment or settlement is not permitted to the client.
b. liberating only payments to the temporary agency or to a third party designated by the temporary agency in writing. Payments to temporary agency workers or the provision of advances to temporary agency workers are non-binding and can never provide grounds for debt settlements or debt comparison.
c. The impression or copy of the note sent by the temporary agency shall be deemed to be complete proof of the payment of interest and the date on which the interest calculation begins.
b. Advertising relating to any note must be submitted to the temporary agency in writing within 10 calendar days of the invoice date, after which the client’s advertising right lapses. The burden of proof relating to the timely submission of the advertising shall rest on the client. However, if a complaint is lodged, the client cannot rely on suspension of the payment obligation or on netting.
e. All collection costs shall be borne entirely by the client. The fee for extrajudicial costs is fixed at 15% of the principal amount due including interest with a minimum of € 250 per claim. This fee will always, once legal aid has been granted by the
temporary agency or by the third party entitled to the payment has been invoked or the claim has been withdrawn by the temporary agency for collection, charged without any further evidence and payable by the principal.

Tiel, January 2019
Europlus BV