Article 1 Definitions
In these Terms and Conditions, the following definitions shall apply:
- nedvet: nedvetB.V. secondment agency for veterinarians and paraveterinarians, Kennedyplein 200 | 5611 ZT Eindhoven Netherlands, as registered with the Chamber of Commerce Veluwe and
- Seconded employee or employee: any natural person, who is made available by nedvet to a third party, in order to perform work for a third party under the management and supervision of that third party.
- Client: the legal entity to which the secondment force is made available.
- Assignment: the contract for services between a client and nedvet pursuant to which a secondment worker is made available by nedvet to perform work, in return for payment of the client rate.
- Contract for services: the contract between nedvet and the client pursuant to which one or more secondment workers/employees are placed at the client’s disposal by nedvet, in return for payment of the client’s rate.
- Posting: the employment of a posting worker in the context of an assignment.
- Client rate: the rate owed by the client to nedvet , as agreed and possibly adjusted during the course of the assignment due to changed arrangements. The fee is charged by the hour.
- Hirer’s Remuneration: the hirer’s remuneration as defined in the Collective Bargaining Agreement for Temporary Workers.
- RI&E: Risk Inventory and Evaluation.
Article 2 Scope
- These General Terms and Conditions apply to all assignments and other agreements between nedvet and the client, as well as to all legal acts aimed at their conclusion.
- Any purchase or other conditions of the client shall not apply and are expressly rejected by nedvet.
- Deviations from these Terms and Conditions may only be made if agreed in writing in the contract between client and nedvet and shall apply exclusively to that assignment.
Article 3 Duration of the assignment
- The contract is entered into for a definite or indefinite period.
- The fixed-term contract is entered into for a predetermined period of time or for a definite period that ends due to the occurrence of an objectively determinable event, which is named in the contract for services.
Article 4 Termination of assignment
The assignment for an indefinite period ends by written notice by one of the parties, observing a notice period of one month.
Article 5 End of assignment
- The fixed-term assignment shall terminate by operation of law by the expiration of the specified time or by the occurrence of an objectively determined event, as defined in the contract for services.
- The assignment ends by operation of law if the client enters into a direct employment contract with the seconding employee with due observance of the relevant provisions of Article 7 of these General Terms and Conditions.
- The assignment ends by operation of law if nedvet can no longer make the secondment worker available to the client, except if the client requests and/or allows nedvet to make a replacement secondment worker available.
- The assignment shall terminate with immediate effect if nedvet terminates the contract of services because:
- the client has defaulted on obligations arising from the assignment and the service agreement and the terms and conditions attached thereto;
- the principal is declared bankrupt, or;
- Client has been granted suspension of payment or an attachment has been made on Client’s property.
If nedvet terminates because of one of these grounds, the conduct of the client, on which the termination is based, contains the client’s request to terminate the posting. This shall not result in any liability on the part of nedvet for any damage suffered by the client as a result.
Article 6 End of posting
- If the assignment ends, it also means termination of the posting.
- Posting ends immediately if the seconded employee has notified nedvet and the client that he is no longer able to perform the agreed work due to incapacity for work caused by illness or accident.
Article 7 Direct employment relationship
The client is entitled to enter into a direct employment relationship with the secondment worker who has an employment relationship with nedvet , only if the following conditions are met:
- The employee is employed a minimum of 1000 (thousand) hours through nedvet with the client.
- The client shall notify nedvet in writing of its intention to enter into a direct employment relationship with the seconding employee, during the assignment or within 6 months of the end of the assignment, before giving effect to it.
- The client shall not enter into an employment relationship with the seconding employee if the seconding employee cannot validly cause the employment contract with nedvet to be terminated or terminated, and if the client cannot validly cause the assignment with nedvet to be terminated or terminated.
- If the client wishes to enter into a direct employment relationship with the secondment worker within the period of 1,000 (thousand) hours worked, the client shall owe nedvet a fee. This is calculated on the basis of 1,000 (thousand) hours minus the number of hours already worked within the same assignment times the commercial rate applicable to that employee.
Article 8 Temporary suspension of employment
- Client is obliged, for the duration of the assignment, to pay nedvet the client rate per hour for the agreed number of hours per period (day/week/month) even if there is temporarily no work for the secondment worker.
- In an assignment where it is agreed in writing that the secondment worker is made available on call, nedvet will charge the client rate only on the number of hours worked.
- Immediately above, nedvet , if a secondment worker is called up, shall charge at least three times the client rate per hour, even if the secondment worker is employed for less than three hours after being called up.
- If a secondment worker is made available on call, the secondment worker is not obliged to comply with the call. In such case, the client may request nedvet to provide a replacement secondment worker.
- The above may be deviated from only if otherwise agreed upon in the service agreement.
Article 9 Special minimum payment obligations
- Client shall be required to pay nedvet at least the client rate calculated over hours worked per call, without prejudice to the client’s other obligations to nedvet , if:
- the secondment worker reports to the agreed time and place to perform the agency work, but is not enabled by the client to start the agency work;
- pursuant to the assignment, the scope of the agency work is less than fifteen hours per week and the times at which the agency work must be performed are not fixed, or if it concerns an on-call contract.
- If a call/assignment/provision or otherwise is withdrawn in part or in full by (the actions of) the client within four (4) days prior to the commencement of the work, or the client changes the times of the call, nedvet shall at all times be entitled to charge the client for all costs over the period over which the initial call/assignment/provision or otherwise was made.
Article 10 Advertising
Protests against invoices sent by nedvet or services rendered, as the case may be, should be submitted by the client in writing and received by nedvet within eight days of their date. Client will not be able to derive any rights from protests received after the said deadline. Any (temporary) protests do not suspend the client’s payment obligation.
Article 11 Job and working hours
- With the assignment, the client provides the job description to be performed by the seconding employee. At nedvet’s request, the client shall adequately demonstrate that the job description corresponds to the position actually performed.
- The working hours, number of working hours and rest hours of the secondment worker shall be equal to the usual times and hours at the client, unless otherwise agreed upon in the contract.
- Overtime occurs when work is performed in excess of the working hours per day or week or number of hours set by regulation or schedule customary in the veterinary sector. Overtime following normal working hours, provided it does not exceed half an hour, is not considered overtime.
- Vacation days and special leave days for the seconding employee are regulated in the employment contract between nedvet and the seconding employee and are paid to the seconding employee as a percentage of the basic gross hourly wage.
Article 12 Working conditions
- The client declares its familiarity with the fact that it is considered an employer under the Working Conditions Act. The client is responsible to the secondment worker and nedvet for compliance with the obligations arising from Article 7:658 of the Civil Code, the Working Conditions Act and related regulations in the areas of workplace safety, health, welfare and good working conditions in general.
- The client is obliged to provide the secondment worker and nedvet with information in writing in a timely manner, at least one working day before commencement of work, regarding the professional qualifications required and the specifics of the job to be filled. The client shall actively educate the secondment worker regarding the Risk Inventory and Evaluation (RIE) used within its company.
- If an industrial accident or occupational disease befalls the posted worker, the client shall, if required by law, notify the competent authorities without delay and shall ensure that a written report of it is made without delay. The report shall establish the circumstances of the industrial accident or occupational disease in such a way that it can be determined with a reasonable degree of certainty whether and to what extent the industrial accident or occupational disease resulted from the fact that insufficient measures had been taken to prevent the industrial accident or occupational disease. The client shall inform the nedvet of the industrial accident or occupational disease as soon as possible and submit a copy of the report prepared.
- The client shall compensate the seconding employee for all damage suffered by the seconding employee in the course of performing his work, if and insofar as the client is liable for it under Article 7:658 and/or Article 7:611 and/or Article 6:162 of the Civil Code.
- The client shall maintain adequate insurance against liability under the provisions of this article. Upon the nedvet’s request, the client shall provide proof of insurance.
Article 13 Liability
- Any liability of nedvet arising from the assignment shall be limited to the client rate to be charged by nedvet to the client for the performance of the assignment, such for the agreed number of labor hours and the agreed duration of the assignment up to a maximum of three months. The maximum amount payable by the nedvet shall in no case exceed the amount payable by its insurance.
- Liability of nedvet for indirect damages, including consequential damages, lost profits, missed savings and damages due to business interruption, is excluded in all cases.
- The nedvet is not liable to the client for damages and losses to the client, third parties or to the seconding employee himself resulting from acts or omissions of the seconding employee.
- The nedvet is not liable to the client for any commitments that secondment workers have entered into with or that have arisen for them vis-à-vis the client or third parties, whether or not with the consent of the client or those third parties.
- The client shall indemnify the nedvet against any liability (including costs including the actual costs of legal assistance) of the nedvet as the employer of the secondment worker – directly or indirectly – in respect of the damages, losses and obligations referred to in paragraphs 2, 3 and 4 of this article.
- The client shall indemnify the nedvet against all damages (including costs including the actual costs of legal assistance) suffered by the seconding employee in the course of performing his work, if and insofar as the client and/or the nedvet is liable for such damages under Article 7:658 and/or Article 7:611 of the Civil Code.
- If an industrial accident results in death, the client is obliged to compensate damages (including costs including the actual costs of legal assistance) in accordance with Article 6:108 of the Civil Code to the persons mentioned in that article.
- nedvet shall not be liable for any damage resulting from the employment of workers who turn out not to meet the requirements set by the client, unless the client files a written complaint to nedvet on the matter within 8 days of commencement of the posting, proving intent or deliberate recklessness on the part of nedvet in the selection.
Article 14 Hirer compensation
- The hirer’s remuneration scheme contains the applicable legal obligations regarding the remuneration scheme.
- If the client has a regulation in place that provides for reimbursement of travel hours or travel time associated with work, nedvet shall also apply this regulation for reimbursement of travel hours or travel time to the employee. When the employee’s travel hours or travel time are already classified as hours worked, the regulation at the client’s office for travel hours or travel time does not apply.
- The client shall notify nedvet of changes in the hirer’s remuneration in a timely manner, at least immediately upon becoming known.
Article 15 Hourly remuneration of seconded workers
- If the client is the Dutch (veterinary) government, the hourly remuneration of the seconding employee will be comparable to an officer in government service with the same job description.
- In cases where an arrangement exists between the KNMvD and the Dutch veterinary authorities such as VWA, LNV and others, the hourly remuneration will be a derivative of this arrangement.
- Notwithstanding the above, other hourly rates of pay may be agreed upon in special circumstances.
Article 16 Client rate
- nedvet sets the client rate based on the hourly remuneration of the seconding worker.
- nedvet is entitled to unilaterally increase the client rate during the course of the assignment if:
- Change rules regarding the posting worker’s remuneration in the collective bargaining agreement or other regulations.
- Social security contributions or taxes change.
- There is 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 principal.
Article 17 Notes based on timesheets
- Invoicing by nedvet to the client is done on the basis of the time registration forms signed by the client for approval, also known as worksheets, which bind the client. This will, if not otherwise agreed, be weekly.
- The client shall be responsible for ensuring that the correct hours and expenses are recorded on the timesheets.
Article 18 Payment
- The client is at all times obliged to pay any invoice submitted by nedvet for seconded workers within fourteen calendar days of the invoice date, unless otherwise agreed.
- Only payments to nedvet itself work liberating. Payments to secondment workers or making advances to secondment workers are prohibited, non-binding and never debt forgiveness.
- If an invoice is not paid within fourteen calendar days, the client shall owe interest of 1% per calendar month on the outstanding amount by operation of law without notice of default.
- All costs incurred for collection, including the costs of legal assistance, shall be borne entirely by the client.
Article 19 Applicable law and competent court
- All agreements, to which these terms and conditions apply in whole or in part, shall be governed by Dutch law.
- Any disputes arising from contracts concluded under these terms and conditions and on the contracts resulting from them shall be submitted to the competent court in the district where nedvet is located.