Terms and Conditions

General Terms and Conditions Fill You In BV for the provision of temporary workers.

Index

  • Article 1: Definitions
  • Article 2: Scope
  • Article 3: The assignment and the Provision
  • Article 4: Replacement and availability
  • Article 5: Employment relationship with a temporary worker
  • Article 6: Right of suspension
  • Article 7: Work procedure
  • Article 8: Working hours and working hours
  • Article 9: Company closures and compulsory days off
  • Article 10: Position and remuneration
  • Article 11: Proper management and supervision
  • Article 12: Employment abroad
  • Article 13: Working conditions
  • Article 14: Client’s liability
  • Article 15: Client rate
  • Article 16: Timekeeping
  • Article 17: Best efforts obligation and liability Fill You In
  • Article 18: Intellectual and industrial property
  • Article 19: Confidentiality
  • Article 20: Invoicing and payment
  • Article 21: Special obligations with regard to identity and processing of personal data
  • Article 22: Treatment of temporary agency workers
  • Article 23: Obligations with regard to the Allocation of Labor Forces by Intermediaries Act
  • Article 24: Privacy
  • Article 25: Applicable law and choice of forum
  • Article 26: Final provision

In these general terms and conditions, the following definitions apply:

  1. Fill You In: is part of the Frocq Holding group.
  2. Temporary worker: any natural person who has entered into an employment contract as referred to in Article 7:690 of the Dutch Civil Code with Fill You In in order to perform work for a Client under the direction and supervision of the Client.
  3. Assignment: the agreement between a Client and Fill You In on the basis of which a single Temporary Worker is made available by Fill You Im to the Client, as referred to in paragraph 2 of this article, to perform work, such against payment of the Client’s rate. Fill You In does not perform any work relating to so-called payroll (services). Since the temporary workers perform work under the direction and supervision of the Client, Fill You In is never liable for damage caused or caused by Temporary Workers to or at the Client, by whatever name and for whatever reason.
  4. Client: any natural or legal person who, in addition to Fill You In, is a party to the Assignment.
  5. Making available: the employment of a Temporary Worker in the context of an Assignment. The Posting starts at the moment the Temporary Worker starts his work. A Temporary Worker can be made available to several clients.
  6. Temporary employment clause : the written stipulation in the employment contract between Fill You In and the Temporary Worker, meaning that the employment contract ends by operation of law when the Posting of the Temporary Worker by Fill You In to the Client comes to an end at the request of the Client (Article 7:691 paragraph 2 CC).
  7. Collective Labor Agreement: the Collective Labor Agreement for Temporary Employees, concluded between the ABU (Algemene Bond Uitzendondernemingen) on the one hand and involved employee organizations on the other.
  8. Client rate: the rate owed by the Client to Fill You In, excluding surcharges, expense allowances and VAT. The rate is calculated per hour, unless otherwise agreed in writing.
  9. Hirer’s Remuneration: the Hirer’s Remuneration as defined in the Collective Labor Agreement.
  10. Call agreement: the employment contract concluded between the Temporary Worker and Fill You In whereby: i) the scope of the work has not been determined as a number of hours per unit of time not exceeding: a. one month, or; b. one year and the Flexworker’s entitlement to wages is spread evenly over that time unit, or; (ii) the Temporary Employment Agency can successfully invoke the exclusion of the obligation to continue to pay wages under the law or ABU Collective Labor Agreement against the Flexworker.
  1. These general terms and conditions apply to all assignments and other agreements between Fill You In and the Client, as well as to all legal acts aimed at the conclusion thereof, including offers, proposals, quotations and quotations.
  2. Any purchase or other conditions of the Client do not apply and are expressly rejected by Fill You In.
  3. Agreements deviating from these general terms and conditions only apply if agreed in writing and apply exclusively to that Assignment.

Assignment

  1. The contract is entered into for a definite or indefinite period of time.
  2. The assignment for a definite period of time is the assignment that is entered into:
  • or for a fixed period;
  • or for a determinable period;
  • or for a determinable period not exceeding a fixed period.

The Assignment for a definite period ends by operation of law upon expiry of the agreed time or because a predetermined objectively determinable event occurs. The Assignment for a definite period of time cannot be terminated, unless otherwise agreed in writing.

End assignment

  1. The Assignment for an indefinite period ends with written notice with due observance of a notice period of 14 calendar days.
  2. Each Assignment ends immediately due to cancellation at the time that one of the parties cancels the Assignment 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 a moratorium.

If Fill You In terminates on account of one of these grounds, the Client’s conduct on which the termination is based includes the Client’s request to terminate the Posting immediately without observing a notice period. This does not lead to any liability on the part of Fill You In for the damage that the Client suffers as a result. As a result of the termination, Fill You In’s claims will be immediately due and payable.

End of posting

  1. The end of the Assignment means the end of the Posting. Termination of the Assignment by the Client means the Client’s request to Fill You In to terminate the current Provision(s) by the date on which the Assignment has legally ended or on which the Assignment has been legally dissolved.
  2. If the Temporary Employment Clause applies between the Temporary Worker and Fill You In, the Posting of the Temporary Worker will end at the request of the Client the moment the Temporary Worker reports that he is unable to perform the work due to incapacity for work. Insofar as necessary, the Client is deemed to have made this request. The Client will confirm this request in writing to Fill You In upon request.
  3. The Posting ends by operation of law, without this leading to Fill You In being liable for compensation, if and as soon as Fill You In can no longer make the Temporary Worker available, because the employment contract between Fill You In and the Temporary Worker has ended and this employment contract is not subsequently terminated. continued for the benefit of the same Client.
  4. The Client will inform Fill You In – in the case of agency work employment contracts with agency clause – in good time about the continuation of the agency work employment contract with agency clause after 26 weeks worked, so that Fill You In can observe a period of notice of 10 days towards the Temporary Employee. Non-compliance or late compliance with the term of notification is at the expense of the Client, unless the circumstance as a result of which the term could not be met is not within the risk sphere of the Client. The Client undertakes in advance to pay Fill You In in accordance with the applicable agreements for all that Fill You In must then pay to the Temporary Worker.
  5. Fill You In will request the Client to inform it in good time whether the Assignment for which Fill You In has entered into a secondment agreement for 6 months or longer will terminate or be extended by operation of law, so that Fill You In can observe the statutory notice period of one month. . If the Client does not inform Fill You In or not in time, any compensation owed to the Temporary Worker will be for the account of the Client.
  1. Fill You In is at all times entitled to replace a Temporary Worker made available while continuing the Assignment. No permission from the Client is required for this. The Client will only refuse to cooperate with replacement on reasonable grounds. The Client will motivate any refusal in writing if requested.
  2. Fill You In does not fail attributably towards the Client and is not obliged to pay Fill You In General Terms and Conditions for compensation of any damage or costs to the Client, if Fill You In does not (any longer) provide a (replacement) Temporary Worker for whatever reason, at least cannot (any longer) make it available to the Client in the manner and to the extent agreed upon in the Assignment or subsequently.
  1. The Client who intends to enter into an employment relationship with the Temporary Worker for the same or different work, will inform Fill You In of this immediately in writing before this intention is implemented.
  2. In this article, entering into an employment relationship is understood to mean: entering into an employment contract, an agreement for the contracting of work, and/or an assignment agreement by the Client with the Temporary Worker, as well as having them made available (or otherwise having work performed ) of the Temporary Worker by a third party.
  3. The Client will not enter into an employment relationship with a Temporary Worker if and insofar as the employment contract with Fill You In has not been legally terminated.
  4. In the event that a Client enters into an employment relationship with a Temporary Worker, who has been made available to or nominated to the Client, has not yet worked for the Client via Fill You In for 2080 hours, the Client will owe Fill You In a fee. This fee is 25% of the most recent (client) rate for 2080 hours, minus the number of hours worked by the Temporary Employee on the basis of the Assignment at the Client. This fee is increased by VAT.
  5. If the Client enters into an employment relationship with the Temporary Worker within 6 months after the end of the Posting, the Client owes compensation as stipulated in Article 5 paragraph 4. This also applies in the event that the Client has approached the Temporary Worker directly or through a third party for this purpose or if the Temporary Worker has applied for a job at the Client directly or via third parties.
  6. The Client also owes Fill You In the fee stipulated in Article 5, paragraph 4, if the Client initially came into contact with a candidate Temporary Worker through Fill You In, without this leading to an Assignment/Posting and the The Client has entered into an employment relationship with the candidate Temporary Worker within 12 months after it has been proposed. In the event that the Client and Fill You In have not yet reached agreement regarding the candidate Temporary Worker regarding the amount of the Client’s rate and the number of hours to be worked, the Client will owe Fill You In an amount of € 20,000 excluding VAT, without prejudice to the right from Fill You In to claim full damages.
  7. In the present article, Temporary Worker also means the candidate Temporary Worker offered by Fill You In to the Client, and the Client also includes the potential Client, or an affiliated company affiliated with the Client in a group.
  1. The client is not entitled to temporarily suspend the temporary worker’s employment in whole or in part, unless there is a case of force majeure within the meaning of Article 6:75 of the Dutch Civil Code.
  2. Notwithstanding paragraph 1 of this article, suspension is possible if:
  • this is agreed in writing and the term is laid down and;
  • the client demonstrates that there is temporarily no work available or that the temporary worker cannot be put to work and;
  • Fill You In can successfully invoke the exclusion of the obligation to continue to pay wages under the collective labor agreement towards the temporary agency worker.
  1. Before the start of the Assignment, the Client will provide Fill You In with the information necessary for the Fill You In Provision General Terms and Conditions, including an accurate description of the position, job requirements, working hours, working hours, activities, place of work, working conditions and the intended duration of the Assignment. .
  2. Fill You In determines, on the basis of the information provided by the Client and the qualities, knowledge and skills of the (candidate) temporary workers who are eligible for posting, which (candidate) temporary workers it will propose to the Client for implementation. of the Assignment. The Client is entitled to reject the proposed (candidate) Temporary Worker, as a result of which the Provision of the proposed (candidate) Temporary Worker will not take place.
  3. Fill You In will not fall short towards the Client if the contacts between the Client and Fill You In prior to a possible Assignment, including a concrete request from the Client to make a Temporary Worker available, are for whatever reason not or not within the period desired by the Client lead to the actual Posting of a Temporary Worker.
  4. If Fill You In requires information from the Client in the context of the fulfillment of its obligations under the law or the Collective Labor Agreement, the Client will provide this information to Fill You In free of charge on first request.
  1. The working hours and the working hours of the Temporary Worker at the Client are laid down in the Assignment, or otherwise agreed. The working hours, the working hours, the breaks and the rest periods of the Temporary Worker are the same as the usual times and hours at the Client, unless otherwise agreed. The Client guarantees that the working hours and the rest and working times of the Temporary Worker meet the legal requirements. The Client will ensure that the Temporary Worker does not exceed the legally permitted working hours and the agreed working hours, except for incidental overtime.
  2. Holidays and leave of the Temporary Worker are arranged in accordance with the law and the Collective Labor Agreement.
  1. When entering into the Assignment, the Client must inform Fill You In about any company closures and collective mandatory days off during the term of the Assignment, so that Fill You In can, if possible, make it part of the employment contract with the Temporary Worker in this circumstance. If an intention to establish a company closure and/or collective mandatory days off becomes known after entering into the Assignment, the Client must inform Fill You In immediately after it becomes known.
  1. Before the start of the Assignment, and furthermore at Fill You In’s first request, the Client will provide a complete and correct description of the position to be performed by the Temporary Worker, the associated grading and information about all elements of the Hirer’s Remuneration (with regard to height and time: only and insofar as known at that time) to Fill You In.
  2. The remuneration of the Temporary Employee, including any allowances and expense allowances, is determined in accordance with the Collective Labor Agreement (including the provisions regarding the Hirer’s remuneration) and the applicable laws and regulations, based on the job description provided by the Client. and information. The client acknowledges the importance of correct information provision on his part and declares that he is familiar with the provisions of the Act on Fake Constructions Act, on the basis of which the client is jointly and severally liable for the payment of the correct wage to the Temporary Worker.
  3. If at any time it appears that the job description and the associated grading do not correspond to the position actually performed by the Temporary Employee, the Client will immediately provide Fill You In with the correct job description with the associated grading. The remuneration of the Temporary Worker will be determined again on the basis of the new job description. The job description and/or grading can be adjusted during the Assignment, if the Temporary Worker makes a reasonable claim to that adjustment on the basis of legislation and regulations and/or the Collective Labor Agreement. If the adjustment leads to a higher remuneration, Fill You In is entitled to adjust the remuneration of the Temporary Employee and the Client Rate accordingly. The Client owes Fill You In this corrected rate from the moment that the Temporary Employee is entitled to the higher remuneration on the basis of legislation and regulations and/or the Collective Labor Agreement.
  4. The Client will inform Fill You In in a timely manner, in any case immediately upon notification, of changes in the user company remuneration and of established initial wage increases. This paragraph does not apply if and as long as the Temporary Agency Worker is remunerated in accordance with the collective labor agreement remuneration for the allocation group.
  5. If and insofar as the Temporary Employee is remunerated in accordance with the ABU remuneration due to non-divisionability, the Client will inform Fill You In in good time and in any event immediately upon becoming aware of a change in the Client’s job classification system that results in the position performed by the Temporary Worker can or should have been classified in the Client’s job classification system. In that case, the remuneration and the Client Rate will be adjusted in accordance with paragraph 3 of this article.
  6. Compensations and allowances such as those for overtime, travel time/travel time, physically demanding circumstances, work in shifts or irregularities, at special times or days (including holidays), shifted hours and/or standby or on-call services are rewarded in accordance with the Collective Labor Agreement and/or other applicable employment conditions schemes, and at least in accordance with the Hirer’s remuneration, and will be charged on to the Client.
  1. The Client will behave with regard to the Temporary Worker in the exercise of management and supervision, as well as with regard to the execution of the work, in the same careful manner as it is obliged to vis-à-vis its own employees.
  2. The Client is not permitted to ‘on-lend’ the Temporary Worker in turn to a third party without written permission; that is, to make them available to a third party for the performance of work under the direction and supervision of this third party. A third party also includes a (legal) person with whom the Client is affiliated in a group (concern).
  3. The Client can only employ the Temporary Worker in deviation from the provisions of the Assignment and these general terms and conditions, if Fill You In and the Temporary Worker have agreed to this in writing in advance.
  4. The Client will compensate the Temporary Worker for damage that he suffers because an item belonging to him, which has been used in the context of the assigned work, has been damaged or destroyed.
  5. Fill You In is not liable towards the Client for damage to the Client, third parties or the Temporary Worker himself that arise from the acts or omissions of the Temporary Worker. The client indemnifies Fill You In in this regard against any claim made by third parties or temporary workers against Fill You In as an employer with regard to the damage determined in this paragraph and reimburses all related costs reasonably incurred by Fill You In.
  6. The Client will, insofar as possible, take out adequate insurance against liability under the provisions of this article. At the request of Fill You In, the Client will provide proof of insurance
  1. The Client will inform Fill You In at least 45 calendar days before the start of the intended employment abroad so that Fill You In has sufficient time to request an A 1 statement.
  2. Pre-employment abroad must always be authorized in writing by Fill You In and by the Temporary Worker. The Client guarantees that the employment outside the Netherlands does not entail any additional costs or risks for Fill You In and/or the Temporary Worker and indemnifies Fill You In in this regard.
  3. Employment of the Temporary Worker abroad by a Client established in the Netherlands is only possible for a definite period of time under the conditions that the Client has organized management and supervision. Employment abroad will always take place with due observance of the applicable laws and regulations of the relevant country.
  4. The Client will take out proper (travel) insurance. At the request of Fill You In, the Client will provide proof of insurance.
  1. The Client declares that he is aware of the fact that he is regarded as an employer in the Working Conditions Act. The Client is responsible towards the Temporary Employee and Fill You In for compliance with the obligations arising from Article 7:658 of the Dutch Civil Code, the Working Conditions Act and the related regulations in the field of safety in the workplace, health, welfare and good working conditions in the general.
  2. The Client is obliged to provide the Temporary Worker and Fill You In with information in writing in good time, at least one working day before the start of the work, about the required professional qualifications and the specific characteristics of the job to be filled. The Client actively informs the Temporary Employee with regard to the Risk Inventory and Evaluation (RIE) used within his company.
  3. If the Temporary Worker suffers an industrial accident or an occupational disease, the Client will, if required by law, immediately inform the competent authorities and ensure that a written report is immediately drawn up. In the report, the facts of the industrial accident or occupational disease are recorded in such a way that it can be concluded with a reasonable degree of certainty whether and to what extent the industrial accident or occupational disease is the result of the fact that insufficient measures were taken to prevent the industrial accident. or the occupational disease. The Client informs Fill You In as soon as possible about the industrial accident or the occupational disease and submits a copy of the report drawn up.
  4. The Client will compensate the Temporary Worker for all damage that the Temporary Worker suffers in the course of the performance of his work and indemnifies Fill You In against all claims for compensation of damage from the Temporary Worker or his dependents on Fill You In.
  5. If and insofar as the Client is liable on the basis of Article 7:658 and/or Article 7:611 and/or Article 6:108 and/or Article 6:162 of the Dutch Civil Code, the Client will in the event of illness or incapacity for work of the Temporary Worker inform Fill You Compensate for damage suffered and/or to be suffered by Fill You In in this regard, which in any case consists of the costs of continued payment of wages during illness or incapacity for work of the Temporary Worker as well as the costs to be incurred by Fill You In under the aforementioned articles.
  6. The Client will take out adequate insurance against liability under the provisions of this article. At the request of Fill You In, the Client will provide proof of insurance.
  1. The Client who fails to fulfill the obligations arising for him from these general terms and conditions, Assignments and/or other agreements, is obliged to compensate Fill You In for all damage resulting therefrom. The provisions of this article apply in general, both – if necessary additionally – with regard to subjects for which the compensation obligation has already been separately arranged in these general terms and conditions, assignments and/or other agreements, as well as with regard to subjects where this is not the case.
  1. The Client Rate owed by the Client to Fill You In is calculated over the hours worked by the Temporary Worker and/or (if this number is higher) over the hours for which General Terms and Conditions Fill You In, Fill You In on the basis of these General Terms and Conditions, assignments and /or other agreements and/or the allowances owed by Fill You In to the Temporary Worker. The Client’s rate plus the cost reimbursements that Fill You In owes the Temporary Worker, as well as an ADV surcharge if the Temporary Worker is entitled to ADV, will be charged to the Client. VAT is charged on the Client’s rate and cost reimbursements. The transition payment is for the account of the Client. In the charging process, account is taken of outflow, takeover and other factors that influence the transition payment that may actually be paid by Fill You In. The Client will not claim any refund and/or credit in this regard and waives this unconditionally in advance.
  2. Fill You In is entitled to adjust the Client Rate during the term of the Assignment in accordance with and as of the date on which the relevant change has occurred, if the costs of the temporary agency work increase due to, for example, the following reasons:
  • as a result of a change in the Collective Labor Agreement or the wages regulated therein or a change in the Collective Labor Agreement and/or terms of employment scheme applicable at the Client or the wages regulated therein and/or a change in the Hirer’s Remuneration and/or pension costs;
  • as a result of changes in or as a result of legislation and regulations, including changes in or as a result of social and tax legislation and regulations, the Collective Labor Agreement or any binding regulation;
  • as a result of a (periodic) salary increase and/or a (one-off) compulsory payment, arising from the Collective Labor Agreement, the collective labor agreement and/or terms of employment scheme and/or legislation and regulations applicable at the Client.
  1. If the Client objects to the adjusted Client Rate pursuant to paragraph 2 and/or Article 10, this will include the Client’s request to terminate the Posting, without prejudice to the Client’s obligation to pay an adjusted rate.
  2. Without prejudice to the foregoing, Fill You In is at all times entitled to index the Client Rate as of 1 January of each year. This indexation will be based on the increase in the CBS index collectively agreed wages per hour, including special remuneration, for personnel in business services (SBI 2008) between the commencement date of the Assignment and the date of indexation of the Client Rate.
  3. Fill You In will notify the Client of any adjustment to the Client Rate as soon as possible and confirm it in writing to the Client.
  4. If the remuneration of the Temporary Employee has been set too low, Fill You In is also entitled to determine the remuneration retrospectively with retroactive effect and to adjust and charge the Client Rate accordingly with retroactive effect. Fill You In can also charge to the Client what the Client has paid too little as a result and costs incurred by Fill You In as a result.
  5. If the Temporary Employee presents himself at the agreed time and place for the performance of the temporary work, but is not enabled by the Client to start the temporary work, or if he performs work for less than three hours, the Client is obliged to Fill You In per request to pay the Client Rate calculated over three hours worked.
  6. In the case of a Call Agreement, the Client is obliged to notify Fill You In in writing of any change to a call – including the (partial) cancellation thereof – in a timely manner and correctly, i.e. more than four (4) calendar days before the change or withdrawal, of which the Client is obliged to (by) pay the amended or withdrawn call, including any statutory increase.
  7. In the event of a On-call Agreement, Fill You In is obliged pursuant to Article 7:628a of the Dutch Civil Code to offer Temporary Employees a fixed number of hours each time after the end of 12 months, equal to the average of one month over the previous 12 months. Fill You In will inform the Client of this in a timely manner. If Fill You In is obliged to offer a number of hours, or if fixed hours are included in the temporary employment contract in consultation with the Client, the Client has an equal obligation to hire the Temporary Worker for those hours. Fixed hours must at all times be paid by the Client, regardless of whether they have been worked. If Fill You In has not been able to make a timely or correct offer as a result of a circumstance within the Client’s sphere of risk, the Client is obliged to pay every wage claim of the Temporary Worker in this context, including any statutory increase. The Client undertakes unconditionally in advance to pay in accordance with the applicable agreements.
  1. Time registration takes place on the basis of the method agreed with the Client with due observance of these general terms and conditions, assignments and/or other agreements.
  2. If no method of time registration has been agreed, the time registration will be done by means of declaration forms approved in writing by the Client, whether or not by e-mail. The Client and Fill You In can agree that time registration will take place by means of a time registration system, an electronic and/or computer system or by means of overviews drawn up by or for the Client.
  3. The Client is responsible for correct and complete time registration and is obliged to see to it or to ensure that the data of the Temporary Worker included therein are stated correctly and truthfully, such as: name of the Temporary Worker, the number of hours worked, overtime , irregular hours and shift hours, the other hours for which the Client’s rate is owed pursuant to these general terms and conditions, assignments and/or other agreements, any surcharges and any costs actually incurred.
  4. If the Client provides the time sheet, he will ensure that Fill You In has the time sheet after the week worked by the Temporary Worker. The Client is responsible for the manner in which the time registration is provided to Fill You In.
  5. Before the Client provides the time registration, he will give the Temporary Worker the opportunity to check the time registration. If and insofar as the Temporary Worker disputes the information stated in the time sheet, Fill You In is entitled to determine the hours and costs in accordance with the Agency’s statement, unless the Client can demonstrate that the information stated by him is correct. At the request of Fill You In, the Client provides access to the Client’s original time registration and provides a copy of this.
  6. If the time registration is made by means of declaration forms to be supplied by the Temporary Worker, the Client will retain a copy of the declaration form. In the event of a difference between the declaration form submitted by the Temporary Worker to Fill You In and the copy retained by the Client, the declaration form submitted by the Temporary Worker to Fill You In will serve as full evidence for the settlement, unless the Client provides proof to the contrary.
  1. Fill You In is obliged to make every effort to carry out the Assignment properly. If and insofar as Fill You In does not comply with this obligation, Fill You In is obliged to compensate the Client for the resulting damage, provided that the Client, as soon as possible, but no later than three months after the damage has arisen or becomes known, submit a written complaint in this regard to Fill You In, demonstrating that the damage is the direct result of an attributable shortcoming on the part of Fill You In.
  2. Any liability of Fill You In arising from the Assignment with regard to the Provision of a Temporary Employee is limited per event to the rate to be charged over the duration of the Assignment, with a maximum of 3 months. Fill You In’s liability is in any case limited to € 100,000 per calendar year and under no circumstances exceeds the amount covered by its insurance. A series of connected events counts as one event.
  3. Fill You In is never liable for indirect damage, including consequential damage, loss of profit, lost savings, damage due to business interruption, fines, damage due to loss or damage to data or damage to image.
  1. Fill You In will have the Temporary Worker sign a written statement at the request of the Client in order – insofar as necessary and possible – to realize or promote that all intellectual and industrial property rights to the results of the Work of the Temporary Worker accrue, respectively (will) be transferred to the Client. If Fill You In owes a fee to the Temporary Employee in connection with this or otherwise has to incur costs, the Client owes Fill You In an equal fee or equal costs.
  2. The Client is free to enter into a non-disclosure agreement with the Temporary Worker directly or to submit a statement for signature with regard to the intellectual and industrial property rights referred to in paragraph 1 of this article. The Client informs Fill You In of its intention to do so and provides Fill You In with a copy of the agreement/statement drawn up in this regard.
  3. Fill You In is not liable towards the Client for a fine or penalty that the Temporary Worker forfeits or any damage suffered by the Client as a result of the Temporary Worker invoking any intellectual and/or industrial property right.
  1. Fill You In and the Client will not provide any confidential information from or about the other party, its activities and relations, which has come to their knowledge as a result of the Assignment, to third parties, unless – and then insofar as – provision of that information is necessary to to be able to perform the Assignment properly or if they have a legal obligation to disclose.
  2. Fill You In will, at the request of the Client, oblige the Temporary Worker to observe secrecy with regard to everything that becomes known or becomes known to him during the performance of the work, unless the Temporary Worker is legally obliged to disclose.
  3. The Client is free to directly oblige the Temporary Employee to observe secrecy. The Client will inform Fill You In of its intention to do so and will provide Fill You In with a copy of the agreement statement drawn up in this regard.
  4. Fill You In is not liable for a fine, penalty or any damage suffered by the Client as a result of a breach of a duty of confidentiality by the Temporary Worker.
  1. Invoicing takes place on the basis of the time accounting method agreed with the Client.
  2. Before the Client provides the time registration, he will give the Temporary Worker the opportunity to check the time registration. If and insofar as the Temporary Worker disputes the information stated in the time sheet, the temporary employment agency is entitled to determine the hours and costs in accordance with the Agency’s statement, unless the Client can demonstrate that the information stated by it is correct. At the request of the temporary employment agency, the Client will allow inspection of the Client’s original time registration and will provide the Client with a copy.
  3. Unless otherwise agreed in writing, weekly invoices are made.
  4. The client is at all times obliged to pay each invoice from Fill You In within fourteen calendar days of the invoice date. The invoice is paid when the full amount due has been received by Fill You In. Only payments to Fill You In or a third party designated by Fill You In in writing are liberating. If an invoice is not paid within the stated term, the Client is legally in default from the first day after the expiry of the payment term and owes an interest of 1% per calendar month, whereby part of a month is counted as a full month. .
  5. If the Client disputes the invoice in whole or in part, he must report this to Fill You In in writing within fourteen calendar days of the invoice date, with an accurate statement of reasons. After this period, the Client’s right to dispute the invoice lapses. The burden of proof regarding timely dispute of the invoice rests on the Client.
  6. The Client is not authorized to set off the invoice amount, regardless of whether it disputes this, against a counterclaim, whether justified or not, and/or to suspend payment of the invoice.
  7. All judicial and extrajudicial (collection) costs incurred by Fill You In as a result of the Client’s failure to fulfill its obligations under this article will be fully borne by the Client. The compensation for extrajudicial costs is fixed at 15% of the principal sum owed, including VAT (with a minimum of €250.00 per claim, unless Fill You In has demonstrably incurred more costs). This fixed fee will always be owed by the Client as soon as the Client is in default and will be charged without proof.
  1. The Client to whom a Temporary Worker is made available by Fill You In verifies and establishes the identity of the Temporary Worker in accordance with the applicable laws and regulations, including but not limited to the Foreign Nationals (Employment) Act (Wav), the on the payroll tax and the Identification Act. The Client will also comply with the administration and retention obligations resting on him for this reason.
  2. With regard to foreign nationals, the Client expressly declares that it is familiar with the Wav, which means, among other things, that the Client, at the start of the work by a foreigner, provides a copy of the document referred to in Article 1 sub 1 to 3 of the Compulsory Identification Act of the foreign national must receive. The Client is responsible for a careful check of this document, determines the identity of the foreign national on the basis of this and records a copy of the document in its records. Fill You In is not responsible or liable for any fine imposed on the Client in the context of the Wav.
  3. The Client expressly declares that it is familiar with the applicable laws and regulations regarding the processing of personal data. Fill You In and the Client will enable each other to comply with the aforementioned legislation. The Client will in any case only use the personal data obtained through Fill You In for the purpose for which it was obtained, will not keep it longer than permitted in accordance with legislation and regulations and will ensure adequate security of this personal data.
  1. The Client and Fill You In will not make any prohibited discrimination, not according to religion, belief, political opinion, gender, race, nationality, heterosexual or homosexual orientation, marital status, disability, chronic illness, age or any other ground. The Client and Fill You In will only set or take into account requirements relevant to the position when issuing or executing the Assignment, and when selecting and treating temporary workers.
  2. The Client is familiar with the Whistleblowers Act and guarantees that the Temporary Employee will have access to the whistleblower scheme in the same way as his own staff if the Client knows or applies such a scheme.
  3. If the Client has a complaints procedure in place with regard to the treatment of employees, it will guarantee that the Temporary Worker has access to this complaints procedure in the same way as its own staff. This only concerns complaints that do not concern Fill You In’s employment. All this, insofar as no legal obligations otherwise exist.
  1. The Client expressly declares that it is familiar with Article 8b of the Workforce Allocation by Intermediaries Act (Waadi) 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 work in employed by his undertaking in equal or equivalent functions, unless the difference in treatment is justified on objective grounds.
  2. The Client expressly declares that it is familiar with Article 8c of the Workforce Allocation by Intermediaries Act and ensures that vacancies that have arisen within its company are communicated to the Temporary Worker in a timely and clear manner, so that he has the same opportunities for an employment contract for an indefinite period of time as the employees. of that company.
  3. The Client expressly declares that it is familiar with Article 10 of the Allocation of Labor Forces by Intermediaries Act. Fill You In is not permitted to make employees available to the Client or in the part of the Client’s company where there is a strike, exclusion or company occupation. The Client will inform Fill You In in a timely manner and in full about the intention, commencement, continuation or termination of collective actions organized by the unions or unorganized, including but not limited to a strike, lock-out or company occupation. In the performance of its supervision and management of the Temporary Worker, the Client will expressly not issue orders to the Temporary Worker, as a result of which Article 10 Waadi will be violated. Such as, but not limited to, having temporary workers perform work that is normally performed by employees who are currently participating in the collective actions.
  4. The Client expressly declares that it is familiar with Article 12a of the Allocation of Labor Forces by Intermediaries Act. The Client will provide the temporary employment agency with complete written or electronic information about the employment conditions before the start of the Posting and thereafter if necessary.
  1. In the context of the Assignment, the Client and Fill You In exchange personal data of (candidate) Temporary Employees and must both treat these with great care and confidentiality in accordance with the General Data Protection Regulation (GDPR) and related laws and regulations. The Client will never require information from Fill You In which it is not allowed to provide on the basis of applicable law and regulations. The Client is responsible for the further processing of the data provided to him by Fill You In and will in any case only use the personal data obtained through Fill You In for the purpose for which they were obtained, and will not keep them longer than in accordance with the law. and regulations are permitted and will ensure adequate security of this personal data.
  2. The Client indemnifies Fill You In against any claim by (candidate) Temporary Employees or other third parties against Fill You In in connection with a violation by the Client of the provisions of this article and will reimburse all related costs of Fill You In.
  1. These general terms and conditions, assignments and/or other agreements are exclusively governed by Dutch law.
  2. All disputes arising from or in connection with a legal relationship between the parties will in the first instance be exclusively settled by the competent court of the district of The Hague, in which the head office of Fill You In is located.
  1. If one or more provisions of these general terms and conditions are void or destroyed, the other provisions in the general terms and conditions, orders and/or other agreements will remain in force for the rest. The provisions that are not legally valid or cannot be legally applied will be replaced by provisions that correspond as closely as possible to the purport of the provisions to be replaced.