LPC is a group of specialized staffing companies that operate in the market under separate labels, but are managed centrally from LPC. The companies within LPC bring employees from the Netherlands and abroad to perform work in the Netherlands for a Client of LPC, under the supervision and management of the Client. In addition, LPC offers the Recruitment & Selection service to find suitable candidates to be employed by its Clients. These general terms and conditions regulate the conditions under which the Client can use LPC's services. The general provisions of Part A of the General Terms and Conditions apply to all legal relationships of LPC. If an Agreement (also) relates to the Recruitment & Selection of Candidates, the specific provisions of Part B shall apply together with the general provisions of Part A. If an Agreement (also) relates to the Supply of Employees, the specific provisions of Part C together with the general provisions of Part A shall apply.
1.1 General Terms and Conditions: these general terms and conditions.
1.2 CBA: the collective bargaining agreement applicable to Employee's employment contract with the Company.
1.3 Services: all services to be provided by LPC to Customer under an Agreement.
1.4 LPC: the Labour Power Company B.V. and the companies united with it in a group, insofar as the company in question provides Services to the Client.
1.5 Recipient's Remuneration: the remuneration applicable at the Client for Employees employed by the Client in an equal or equivalent position as performed by an Employee, consisting of the wage elements defined in the ABU CLA.
1.6 Quotation: any oral or written offer made by LPC to the Customer.
1.7 Candidate: any natural person who will be able to be proposed by LPC to enter into an employment contract with the Client in the context of an assignment for Recruitment & Selection.
1.8 Client: any natural or legal person who contracts or intends to contract with LPC.
1.9 Client rate: the rate payable by the Client to LPC, excluding surcharges, cost reimbursements and VAT. The rate is charged on an hourly basis unless otherwise stated.
1.10 Agreement: any agreement, in whatever form, between a Customer and LPC, any amendment or addition thereto, as well as all (legal) acts in preparation and execution of that Agreement by LPC.
1.11 Party: the other party to the Agreement (LPC or the Client)
1.12 Parties: reference to LPC and the Client together.
1.13 Written: put in writing or made available digitally by e-mail or otherwise electronically.
1.14 Posting: the employment of an Employee by LPC under an Agreement, to perform work under the management and supervision of the Client or otherwise.
1.15 Employee: any natural person made available by LPC to the Client on the basis of an employment contract pursuant to Article 7:690 of the Dutch Civil Code.
1.16 Recruitment & Selection: the Service in which LPC recruits and selects Candidates on behalf of the Client in order to establish an employment relationship between the Client and such Candidates.
2.1 These General Terms and Conditions shall apply to all Offers by and Agreements with LPC. These General Terms and Conditions also apply to any further or successor agreements between LPC and Client. Client agrees to them in advance. Any company within LPC may invoke these General Terms and Conditions directly against Customer if (a) that company provides a Service to Customer and/or (b) one or more Employees employed by Customer is employed by the relevant company.
2.2 Deviations from these General Terms and Conditions shall only be valid if expressly agreed in writing by the Parties. In that case, the deviating provisions expressly agreed upon in writing shall prevail. The applicability of purchasing or other general terms and conditions of the Client is expressly rejected.
2.3 If one or more provisions of these General Terms and Conditions should at any time be void or annulled in whole or in part, the other provisions of these General Terms and Conditions shall remain in full force and effect. The parties will then consult to agree on new provisions to replace the void or voided provisions that are in line with the intention of the parties when the void or voided provision was drafted.
2.4 If LPC does not always require strict compliance with these General Terms, this does not mean that the provisions thereof do not apply or that LPC would to any extent lose the right to require strict compliance with the provisions of these General Terms in other cases.
2.5 If LPC deviates from these General Terms and Conditions in one or more Agreements with the Client, this does not imply that this deviation also applies to previous or subsequent Agreements between LPC and the Client.
3.1 LPC cannot be held to its Offerte if Client can reasonably understand that the Offerte, or any part thereof, contains an obvious mistake or slip of the pen.
3.2 An Agreement is established when:
- LPC has issued a Quotation and Customer accepts it and/or when LPC begins performance of the Agreement at the request of Customer; or
- Client places an order with LPC and LPC has accepted this order and/or starts to perform the order.
3.3 All of LPC's Offerations are without obligation and may be revoked by LPC at any time, even if the Offeration contains a deadline for acceptance.
4.1 Unless otherwise agreed, payment of all that the Customer has become due to LPC shall be paid by the Customer within 14 days after the (partial) invoice date in a manner to be indicated by LPC in the currency in which it was invoiced. The value date on the bank statement is decisive and is considered the payment date.
4.2 Only payments made to LPC or to a third party expressly designated in writing by LPC shall have a liberating effect. Payments by Customer to Employees - under any title whatsoever or the provision of advances to Employees are non-binding against LPC and can never constitute grounds for set-off or installment on any account whatsoever.
4.3 If Customer has objections to the invoice received, Customer must notify LPC of these objections in Writing within 7 calendar days of the date of the invoice, failing which the correctness of the invoice shall be established. The burden of proof regarding timely submission of the complaint rests with Client.
4.4 Customer shall never be entitled to suspend its obligations vis-à-vis LPC and/or set them off against its own claim against LPC. Objections against the amount of an invoice or with regard to the Services provided shall never entitle Customer to suspend or set off payment. If there is a dispute between Customer and LPC about the amount of the invoice, Customer shall pay the part of the invoice for which there is no dispute within the agreed payment term. The remainder shall be paid by Customer as soon as possible after the dispute has been resolved.
4.5 If the Client fails to pay the invoice within the payment term, the Client shall be in default by operation of law, without prior notice of default being required. The Client shall owe contractual interest of 1.5% per month or part of a month on the amount then due from the date of default, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest rate shall apply. Interest on the amount due and payable shall be calculated from the moment the Client is in default until the moment of full payment of the amount due in full.
4.6 All costs, both judicial and extrajudicial, which LPC must incur to enforce its rights, shall be borne entirely by the Client. The compensation for extrajudicial costs shall be fixed at 25% of the principal sum owed, if this is less than €1,500, at 20% if the principal sum owed is more than €1,500 and less than €3,500, and at 15% if the principal sum is more than €3,500 (including interest and VAT) - unless LPC has demonstrably incurred more costs - with a minimum of €500 per claim. This fee shall always, as soon as the Client is in default, be payable by the Client and charged without any further proof.
4.7 The printout or copy of the invoice sent by LPC in LPC's possession shall serve as full proof of the indebtedness of the interest and the day on which the interest calculation begins.
4.8 Unless otherwise specified by LPC, payments from Customer shall always first be applied to reduce the costs and interest due (in that order) and then to reduce the principal sums and accrued interest,
whereby older claims take precedence over new claims, regardless of whether Client designates a different order for the allocation of payment. LPC may refuse full aflossing of the principal sum, if this does not also include payment of accrued and current interest and collection costs.
4.9 If it seems desirable to LPC and in any case if Customer is in default with any payment obligation for whatever reason, LPC is entitled after entering into an Agreement, in deviation from the agreed payment schedule, to require payment in advance or a security for the payment obligations of Customer. Customer must comply with this on LPC's first request.
4.10 If the Agreement is entered into with more than one Client, all Clients are jointly and severally liable to fulfill the payment obligations under the Agreement (regardless of the name of the invoice).
4.11 If Customer fails to meet its (payment) obligations or fails to comply with a request from LPC as referred to in paragraph 9 of this article, LPC shall be authorized:
a) To terminate all or part of the Agreement with Customer without notice of default being required. In such case, if LPC incurs costs for this purpose or suffers damage in any way as a result of the non-payment by Customer, Customer shall be liable for the damage and costs and must reimburse it, or
b) Suspend all or part of its obligations to Client under the Agreement.
4.12 In the event of dissolution or termination or suspension of the Agreement, LPC shall never be obliged to pay any form of compensation to Customer unless facts and circumstances underlying the dissolution, termination or suspension are attributable to LPC.
5.1 If after the conclusion of the Agreement, circumstances come to LPC's knowledge which give good reason to fear that the Customer will not, not correctly and/or not timely fulfill one of the obligations, which includes in case of bankruptcy or suspension of payment or if an application for one of these measures is pending with regard to the Customer, or in case of a decision to dissolve or merge the
Customer or if a prejudgment or executory attachment has been or is levied on any part of the property of the Customer, or the Customer fails to meet any payment obligation to LPC, all payment obligations of the Customer to LPC for whatever reason shall become immediately and fully due and payable. LPC shall be entitled to demand immediate payment of these due and payable claims or the provision of security for these due and payable claims.
5.2 LPC shall be entitled - in the case referred to in paragraph 1 - to suspend the fulfilment of its obligations towards the Customer until payment and/or security of all payment obligations has been made. If LPC proceeds to do so, it shall in no way be obliged to compensate for damages and costs caused in any way by this on the part of the Customer.
5.3 Client shall be liable for all resulting damages on the part of LPC.
6.1 If it is established in court or otherwise that LPC may be liable to Customer for damages suffered in connection with the Agreement, or in tort, or for any other reason, such liability, including any obligation to pay on the basis of Article 6:230 of the Dutch Civil Code and/or Article 6:271 of the Dutch Civil Code, shall at all times be limited in its entirety to that which is regulated in this provision:
A) LPC shall never be liable for damage caused by LPC relying on incorrect data/files/resources and information provided by or on behalf of Customer;
B) LPC shall never be liable for consequential damage, lost profit, lost income, missed sales, missed savings, damage due to business and other stagnation suffered by Customer;
C) LPC's liability, including any payment obligation under an undoing obligation and any payment obligation under Article 6:230 of the Dutch Civil Code, to the Client shall at all times be limited to the amount paid out by LPC's liability insurance policy, if any;
D) In the event LPC's liability insurance does not pay out - for whatever reason - LPC's liability, including any payment obligation based on article 6:230 BW and/or article 6:271 BW, shall apply,
- under a specific Agreement shall be limited to the amount of the three most recent invoices paid by Client under this Agreement combined;
- for other reasons shall be limited to an amount of €15,000 per claim; whereby LPC's total liability shall at all times be limited to a maximum amount of €45,000 per year, irrespective of the basis of liability and the number of events causing damage.
6.2 These limitations do not apply in the event of intentional or deliberate recklessness on the part of LPC and/or its Employees and/or Employees.
6.3 All subordinates of LPC may invoke the above provisions against Client and if necessary also against third parties on an equal footing with LPC.
6.4 Damage for which LPC can be held liable shall be reported in writing to LPC as soon as possible but no later than within 14 calendar days after its occurrence, under penalty of forfeiture of the right to compensation for this damage. This term shall not apply if the Customer can make it plausible that the damage could not be reported earlier for a valid reason. Regardless of the time at which the damage was reported, the associated liability claim shall lapse within 12 months after Customer has become aware of the damage-causing fact or could reasonably have become aware of it.
7.1 LPC and Customer shall not provide any confidential information of or about the other Party, its activities and relations, which has come to their knowledge pursuant to the Agreement, to third parties, unless - and then to the extent - provision of such information is necessary to properly perform the Agreement or they are under a legal duty of disclosure.
7.2 LPC will, at the request of the Client, require the Employee to maintain confidentiality regarding all that becomes known or sensed to him in the performance of the work, unless the Employee is under a legal duty to disclose.
7.3 Client is free to impose confidentiality on the Employee directly. Client shall inform LPC of its intention to do so and provide a copy of the declaration/agreement made in this regard to LPC.
7.4 LPC shall not be liable for any fine, penalty or any damages incurred by the Client as a result of the Employee's breach of that duty of confidentiality.
8.1 These General Terms and Conditions and the Agreement(s) are governed by Dutch law.
8.2 All disputes arising from or relating to a legal relationship between LPC and Customer shall in the first instance be exclusively settled by the competent court of the District Court of East Brabant, location ‘s- Hertogenbosch, unless mandatory legal provisions dictate otherwise. Nevertheless, LPC shall at all times be entitled to submit the dispute to the court with jurisdiction under the law.
9.1 In response to an assignment provided by Client for that purpose, LPC will make every effort to search for and approach suitable Candidates for a position with Client as soon as reasonably possible.
9.2 Client shall provide in a timely manner all information reasonably required by LPC for the fulfillment of the assignment given to it, such as an accurate description of the position, required and desired qualifications, salary, working hours, hours of work, activities, place of work and intended duration of the assignment.
9.3 In order to prevent unlawful discrimination, in particular with regard to religion, belief, political affiliation, gender, race, nationality, heterosexual or homosexual orientation, marital status, handicap, chronic illness, age or any other ground whatsoever, non-job-related requirements cannot be stipulated by the Client when providing information about the job and the work to be assigned, nor will they be taken into consideration by LPC.
9.4 Client shall at all times decide for itself whether it wishes to offer an (employment) contract to a Candidate selected by LPC. In doing so, it will take into account that no unlawful distinction may be made, in particular with regard to religion, belief, political affiliation, sex, race, nationality, heterosexual or homosexual orientation, marital status, handicap, chronic illness, age or any other ground whatsoever.
9.5 Each Recruitment & Selection Agreement ends by operation of law at the time the Client gives notice to enter into an employment relationship with a Candidate.
10.1 The fee to be paid by Client to LPC for the Recruitment & Selection shall be determined in the Agreement and shall be payable by Client from the moment he enters into an employment contract with Candidate, regardless of the term and conditions of such employment contract, or if Client hires such Candidate through a third party.
10.2 Client owes 15% of the mediation fee if LPC has nominated a Candidate with whom Client has in principle intended to enter into an employment contract, but this employment contract does not materialize because Client and Candidate do not agree on the terms of employment.
10.3 Any travel and accommodation expenses of Candidate will be reimbursed by LPC to Candidate and charged to Client. Client is required to pay these expenses to LPC.
11.1 Client is responsible for both the decision to enter into an employment agreement (whether or not through a third party) with a Candidate selected by LPC, as well as for the content of that agreement. LPC is therefore in no way liable for damages, in the broadest sense of the word, that have been or are caused directly or indirectly by the Candidate provided by LPC.
11.2 LPC will make every effort to offer a potentially suitable Candidate in a timely manner. LPC shall not imputably fail vis-à-vis Client and shall not be liable to compensate any damage or costs to Client if, for any reason whatsoever, LPC is unable to offer a Candidate or is unable to do so in a timely manner.
11.3 LPC is not liable, if a Candidate proposed by it:
- Cannot be made available to Client as an Employee for any reason; or
- does not wish to enter into an employment relationship with Client or terminates an employment relationship entered into (prematurely) again.
11.4 LPC shall not be liable for any damages if Candidates prove not to meet the requirements and expectations set by the Client, unless there is intent or gross negligence on the part of LPC. Any liability of LPC shall be limited to the provisions of Article 6 of the General Terms and Conditions.
12.1 For the purposes of this Article, entering into an employment relationship with a Candidate means:
- The entering into an employment contract, a contract for work and/or a contract of assignment by the Client with a Candidate;
- having the betreffende Candidate made available by a third party (for example, another secondment company);
- entering into an employment relationship by Candidate with a third party, in which Client and that third party are affiliated in a group (as referred to in Article 2:24b of the Dutch Civil Code) or is a subsidiary of another (as referred to in Article 2:24a of the Dutch Civil Code).
12.2 If Client enters into an employment relationship with a Candidate introduced by LPC to Client, Client shall owe a fee equal to the fee that would have been charged by LPC to Client for the Recruitment & Selection (as referred to in Article 10.1).
13.1 An Agreement is entered into for a definite or indefinite period of time. An Agreement for a definite period is the Agreement that is entered into:
- Either for a fixed period of time;
- OR for a determinable period of time;
- either for a determinable period not exceeding a fixed period.
13.2 The Fixed Term Agreement shall terminate by operation of law by the expiration of the agreed time or by the occurrence of a predetermined objectively determinable event.
13.3 Customer shall be obliged to notify LPC In Writing no later than six weeks before the Agreement ends by operation of law whether it wishes to enter into a new Agreement. In the absence of timely notice thereof In Writing, the fixed-term Agreement shall always be renewed for the same term and under the same conditions as it was entered into.
13.4 Interim termination of the Agreement for a definite period is not possible, unless otherwise agreed In Writing. If an interim termination option has been agreed, termination must be effected In Writing with due observance of a notice period of 2 months.
13.5 An Agreement for an indefinite period of time shall terminate by Written notice giving 1 month's notice.
13.6 Each Agreement shall terminate forthwith by notice of termination at such time as either Party terminates the Agreement because:
- the other Party is in default or;
- the other Party ceases its business operations, makes a settlement with all of its creditors, is dissolved, goes into liquidation and/or ceases its operations, or;
- the other Party is declared bankrupt or has filed for suspension of payments.
13.7 If LPC terminates on one of these grounds, the conduct of Customer, on which the termination is based, implies Customer's request to terminate the Posting. This shall not result in any liability of LPC for any damage suffered by Customer as a result. As a result of termination, all claims of LPC shall be immediately due and payable.
13.8 The end of the Agreement means the end of the Posting. Termination of the Agreement by Customer shall mean Customer's request to LPC to terminate the current Posting(s) by the date on which the Agreement is validly terminated or is validly terminated respectively.
13.9 If the Employee's employment contract validly includes the agency clause, the Employee's Posting will end at the request of the Client at the time the Employee reports that he is unable to perform the work due to incapacity for work. To the extent necessary, Principal shall be deemed to have made this request. If requested, Client shall confirm this request In Writing to LPC. The end of the Posting expressly does not mean the end of the Agreement.
13.10 The Posting ends by operation of law if and as soon as LPC can no longer post the Employee, because the Employee's employment contract has been terminated and this employment contract is not subsequently continued for the same Client. In this case, LPC shall not be accountably in default vis-à-vis Client nor liable for any loss suffered by Client as a result thereof.
13.11 The preceding articles shall not affect the right to invoke Article 6:265 of the Dutch Civil Code. In the event of dissolution of an Agreement, anything already paid under the Agreement cannot be reclaimed as an undoing obligation.
13.12 Termination of an Agreement does not affect any other Agreements between LPC and Customer.
14.1 Customer acknowledges that proper performance of the Agreement by LPC generally depends on correct and timely delivery of documents and data from Customer, in particular with respect to the determination of the Recipient's Remuneration (“BRI”) as well as information regarding the Employee's employment history with Customer. Therefore, in order to allow the performance of the Agreement to proceed as much as possible according to time schedule, the Client shall provide LPC with all necessary supplies in a timely manner and the Client shall perform in a timely manner all acts that LPC needs for the performance of the Agreement, or that the Client should reasonably understand are necessary for the performance of the Agreement, including - but expressly not limited to - all information that may affect the Services.
14.2 Upon entering into the Agreement, Customer must inform LPC of any company closures and collectively mandatory days off during the term of the Agreement, so that LPC can, if possible, make this circumstance part of the labor agreement with the Employee. If an intention to establish a company closure and/or collectively required days off becomes known after entering into the Agreement, Customer must inform LPC immediately after becoming aware of this. If Customer fails to inform LPC in a timely manner, Customer shall be liable to pay LPC the Customer rate in full for the duration of the company closure over the number of hours and overtime per period applicable or usual under the Agreement and General Terms and Conditions.
14.3 Customer warrants the accuracy, completeness, reliability, soundness and lawfulness of the acts performed and data provided to LPC by or on its behalf. Customer also guarantees that it has provided or performed all essential supplies and acts within the meaning of paragraph 1 of this article for the design and execution of the Agreement.
14.4 The Client acknowledges that the agreements between it and LPC (and the performance of the Services) are based on the assumption that between the Employee(s) and LPC there is a regular temporary employment agreement within the meaning of Art. 7:690 of the Dutch Civil Code, not being a payroll agreement within the meaning of Art. 7:692 of the Dutch Civil Code. Should it turn out that, due to incorrect or incomplete information from the Client, there is nevertheless a payroll agreement within the meaning of Art. 7:692 of the Civil Code between LPC and the Employee(s), then the Client shall be liable for - and shall indemnify LPC against - all (direct and indirect) damage (including but not limited to due wages, premiums, taxes and all costs including the actual costs of legal assistance) suffered by LPC, resulting from this (re)qualification. These damages will be recovered from the Client with retroactive effect. In addition, the User Rate will be adjusted accordingly (with retroactive effect), i.e. taking into account all (cost-increasing) rules that apply with respect to the payroll agreement.
14.5 All information relevant to the qualification of the employment contract must - before LPC enters into an employment contract with the Employee - be reported in writing to LPC by the Client. The Client shall be liable for all costs (including legal costs) and damages suffered by LPC as a result of the Client's failure to comply or to comply fully with the foregoing information obligation.
14.6 Client shall notify LPC of changes in the Recipient's Remuneration and of established initial wage increases in a timely manner and in any event immediately upon becoming known.
14.7 The execution of the Agreement shall not commence until after Customer has fulfilled the aforementioned information and/or delivery obligation. If the information required for the execution of the Agreement has not been provided to LPC in time, or the necessary actions have not been carried out in time, LPC shall be entitled to suspend the execution of the Agreement until all information has been provided or delivered by the Customer, or LPC shall be entitled to carry out actions or have actions carried out to ensure that LPC has the aforementioned necessities at its disposal for the execution of the Agreement, whereby the costs to be incurred by LPC shall be at the expense and risk of the Customer.
14.8 If the Agreement can no longer be executed within the agreed term because the information required for the execution of the Agreement has not been provided to LPC in a timely manner, LPC shall be entitled to terminate the Agreement with immediate effect, without being obliged to compensate any damage on the part of Customer. The additional hours and/or additional costs incurred by LPC as well as other damages incurred or to be incurred by LPC as a result of Customer's failure to comply with the information requirement stipulated in this article shall be borne by Customer in accordance with the rates customary at the time.
14.9 The Client shall be liable-and shall indemnify LPC-for the damages of LPC, the Employee and/or the Client resulting from the incorrect application of the Recipient's Remuneration, if the Recipient's Remuneration was determined on the basis of incorrect or incomplete data provided to LPC by the Client.
15.1 Customer shall provide information to LPC prior to the commencement of the Agreement and/or Posting and twice a year thereafter, containing an accurate description of the position, job requirements, working hours, hours of work, duties, place of work, working conditions and the intended term of the Posting. Client is further required to return LPC's registration form and/or Collective Bargaining Agreement Inventory Form (“BRI Form”) completed to LPC.
15.2 On the basis of the information provided by the Client and the qualities, knowledge and skills known to it of the (candidate) Employee(s) eligible for Posting, LPC will determine which (candidate) Employee it proposes to the Client for performance of the Agreement. The Client is entitled to reject the proposed (candidate) Employee, as a result of which the Posting of the proposed (candidate) Employee will not take place.
15.3 If and when the Client has notified LPC of the days and times the Employee is called to work, and these days and/or times are changed, the Client is obliged to notify LPC immediately. In addition, the obligations contained in the article “Special minimum payment obligations”.
15.4 If an Employee is made available to the Client with an employment agreement that does not qualify as an on-call agreement (within the meaning of Article 7:628a of the Dutch Civil Code), that Employee will have priority in the Client's planning over an Employee who does have an on-call agreement.
15.5 To prevent the making of unlawful distinctions, in particular on the basis of religion, philosophy of life, political affiliation, gender, race, nationality, heterosexual or homosexual orientation, marital status, handicap, chronic illness, age or any other ground whatsoever, non-job-related requirements will not be able to be made by the Client when providing the information regarding the work to be assigned, nor will they be taken into consideration by LPC.
15.6 LPC shall not fail the Client and shall not be obliged to compensate any damage if the contacts between the Client and LPC prior to a possible Agreement, including a concrete request by the Client to post an Employee, do not lead to the actual Posting of an Employee for whatever reason or not within the period desired by the Client.
15.7 LPC shall not be liable for damages resulting from the deployment of Employees who turn out not to meet the requirements set by the Client, unless the Client files a Written complaint in this regard with LPC within a reasonable period of time after commencement of the Posting and proves in the process that there was intent or deliberate recklessness on the part of LPC in the selection.
16.1 The Employee's remuneration, including any surcharges and expense allowances, will be determined in accordance with the Collective Labor Agreement (including the provisions regarding the Recipient's Remuneration) and the applicable laws and regulations, based on the information provided by Client to LPC regarding the position, working hours, hours of work and duration.
16.2 If at any time it appears that such job description and the corresponding grading do not correspond to the position actually performed by the Employee, Client shall promptly provide LPC with the correct job description and corresponding grading. The Employee's remuneration will be redetermined based on the new job description. The job description and/or grading and/or remuneration, may be adjusted during the Agreement, if the Employee reasonably claims such adjustment with reference to laws and regulations, the Collective Labor Agreement and/or the Recipient's Remuneration. If the adjustment results in higher remuneration, LPC will correct the Employee's remuneration and the Client Rate accordingly. The Client shall owe this corrected Client Rate from the time LPC owes the higher remuneration to the Employee.
16.3 Client shall notify LPC of changes in the Recipient's Remuneration and of established initial wage increases in a timely manner and in any event immediately upon becoming known. All elements of the Borrower's Remuneration (as included in Article 1 of the General Terms and Conditions and the CLA) shall be passed on to Client.
17.1 The fee payable by Customer to LPC shall be calculated by multiplying the agreed Customer rate by the hours worked by the Employee or (if this number is higher) over the hours to which LPC is entitled under the Agreement and/or the General Terms and Conditions. Hours will be rounded up per quarter of an hour. Any waiting time during which the Employee must keep himself available shall count as time worked. The Principal's rate will also be multiplied by the surcharges (including but not limited to -surcharges for overtime, holidays and irregularity) and increased by the expense allowances to which the Employee is entitled. VAT will be charged on the total fee payable by Client to LPC.
17.2 Unless otherwise agreed in writing, the compensation to be paid by Customer to LPC will be increased by the transfer fee due to the Employee and/or compensation for not (fully) observing the notice period, insofar as the Employee is entitled thereto pursuant to the provisions of Articles 7:673 and 7:668 of the Dutch Civil Code, respectively. These fees will be charged by LPC on a one-for-one basis to the relevant Client.
17.3 If at any time the Borrower's Remuneration is to be applied or increased, LPC will redetermine the Employee's remuneration and the Borrower's Rate on the basis of the information provided by Client regarding the job classification and Borrower's Remuneration. The remuneration and the Client Rate shall include all elements of the Borrower's Remuneration applicable at Client.
17.4 In addition to the case referred to in paragraph 3, LPC shall in any case also be entitled to adjust the Client rate during the term of the Agreement if the costs of the temporary work increase:
17.5 If, contrary to the foregoing, the Client does not agree to pay the adjusted Client Rate, this shall constitute the Client's request to terminate the Posting. However, the Posting shall only end at such time as the Employee's employment contract can be validly terminated. Until the date of termination of the employment agreement, the Client shall owe the Client Rate.
17.6 Any adjustment of the Customer Rate will be announced by LPC to the Customer as soon as possible and confirmed in writing to the Customer.
17.7 If, due to any cause attributable to Customer, the remuneration and/or the Customer Rate is set too low, LPC shall also be entitled to retroactively fix the remuneration and the Customer Rate retroactively and adjust and charge the Customer Rate accordingly. LPC may also charge costs incurred by LPC as a result to Client.
18.1 The Client shall ensure that the timekeeping records are correct and complete and shall be obliged to see to it, or have it seen to, that the Employee's details included therein are stated correctly and truthfully, such as: the Employee's name, the number of hours worked, overtime, irregular hours, hours worked under physically stressful conditions and shift hours, the other hours in respect of which the Client Rate is payable pursuant to the Agreement and the Conditions, any surcharges and any expenses actually incurred.
18.2 Unless otherwise agreed in writing, timekeeping shall be done by means of an electronic online timekeeping system, whereby the Employee enters the hours worked and these must be approved by Client. Client shall be obliged to ensure that LPC has the time sheets available in a timely manner.
18.3 Regardless of the method of timekeeping, Principal - unless otherwise agreed - is obliged to provide LPC with the correct, complete and approved timekeeping records as soon as possible, but no later than 12.00 noon on the Tuesday following the week worked by the Employee. If the draft time sheet - for reasons not attributable to the Client - is provided to the Client by the Employee later than the aforementioned time, the Client shall ensure that the time sheet is provided to LPC immediately after it has been made available to him by him and, if necessary, corrected and/or approved by him.
18.4 LPC shall invoice at least on the basis of the number of hours agreed in the Agreement that the Employee is made available to the Client.
18.5 If the time sheets show that the Employee has been made available to the Client for more hours than agreed in the Agreement, these hours will be charged to the Client with the first invoice.
19.1 Customer - without prejudice to Customer's other obligations to LPC - is bound to pay LPC at least the Customer rate calculated over three hours worked if:
20.1 For the purposes of this Article, entering into an employment relationship with an Employee means:
20.2 For the purposes of this Article, employee also means:
20.3 Client shall be entitled to enter into an employment relationship with an Employee only if and to the extent that the provisions of this Article are met.
20.4 Client shall not enter into an employment relationship with the Employee if and to the extent that the Employee's employment agreement with LPC has not been validly terminated and if and to the extent that Client cannot validly cause the Agreement with LPC to be terminated or terminated.
20.5 The Client shall notify LPC in writing of its intention to enter into an employment relationship with the Employee before giving effect to that intention. The Agreement shall be terminated by the Client in compliance with these General Terms and Conditions.
20.6 If an Employee has been introduced to the (potential) Client through the intervention of LPC and such (potential) Client enters into an employment relationship with such Employee, either directly or through third parties, for the same or another position prior to the posting being made, such Client shall owe LPC a fee in the amount of 25% of the Client rate that would have been charged by LPC for the Employee's work for the duration of 1040 hours. The Client shall always owe this fee if the Client initially contacted the Employee through the intervention of LPC.
20.7 If the Client enters into an employment relationship, directly or through third parties, with an Employee who is made available to it on the basis of an Agreement for a definite or indefinite period of time, before that Employee has made 1,500 paid hours with the Client, the Client shall owe LPC a fee of 25% of the most recently applicable Client rate over 1,500 hours minus the hours - based on the Agreement - already paid by the Client for that Employee.
20.8 If the Client enters into an employment relationship with the Employee within six (6) months after the Employee's Posting (regardless of whether it was based on an Agreement for a definite or indefinite period of time) to the Client has been terminated, it will owe a fee of 25% of the Client Rate which would have been applicable to the Employee in question over a period of 1500 paid hours minus the hours - based on the terminated Agreement - already paid by the Client for the Employee. This applies both in the event that the Client has approached the Employee for this purpose - directly or through third parties - and in the event that the Employee has applied to the Client - directly or through third parties.
21.1 Upon commencement of the Employee's Posting, the Client is obliged to establish the Employee's identity on the basis of an original identity document showing the Employee's nationality. This identity document must be carefully checked for authenticity and validity.
21.2 The Client shall treat the Employee's personal data of which it becomes aware in the context of the Posting as confidential and shall process it in accordance with the provisions of the applicable privacy and regulatory provisions.
21.3 Client to whom a foreign national within the meaning of the Foreign Nationals Employment Act is made available by LPC, expressly declares that it is familiar with article 15 of this Act, including that upon commencement of work by a foreign national, Client must receive a copy of the foreign national's document, as referred to in article 1 of the Compulsory Identification Act. Client is responsible for a careful check of the aforementioned document and, on the basis thereof, establishes the identity of the foreign national and includes a copy of the document in its records. LPC shall not be responsible or liable for any fine imposed on the Principal under the Foreign Nationals Employment Act.
21.4 Customer explicitly declares to be familiar with the applicable laws and regulations regarding the processing of personal data. Customer will only use the personal data obtained through LPC for the purpose for which it was obtained, will not retain it longer than is permitted under laws and regulations and will ensure adequate security of this personal data.
21.5 LPC shall not be liable for any fines or claims imposed on Client for failure to perform its obligations as mentioned in this Article.
21.6 The Client shall at all times indemnify LPC for fines imposed on and claims against LPC for the Client's failure to comply with the obligations set forth in this Article.
22.1 The scope of work and working hours of the Employee at the Client will be agreed upon prior to the Posting. The Employee's working hours, working hours and rest periods will be equal to the times and hours customary at the Client in this respect, unless otherwise agreed. The Client guarantees that the Employee's working hours and rest and working hours meet the statutory requirements. Client shall ensure that the Employee does not exceed the legally permitted working hours and the agreed scope of work.
22.2 Vacation and leave of the Employee shall be arranged in accordance with the law and the Collective Agreement.
23.1 The Client declares that it is familiar with the fact that it is classified as an employer under the Working Conditions Act.
23.2 The Client is responsible to the Employee and LPC for compliance with the obligations arising from Article 7:658 of the Civil Code, the Working Conditions Act and related regulations regarding safety in the workplace and good working conditions in general.
23.3 The Client is required to provide the Employee and LPC with written information in a timely manner, at least one working day prior to the commencement of work, regarding the professional qualifications required and the specifics of the job to be filled.
23.4 Client shall actively educate the Employee regarding the Risk Inventory and Evaluation (RIE) used within its company.
23.5 If the Employee suffers an industrial accident or occupational disease, the Client will, if required by law, immediately notify the competent authorities and ensure that a written report is drawn up of it without delay. The report shall set out the circumstances of the accident in such a way that it can be ascertained with a reasonable degree of certainty whether and to what extent the accident was the result of insufficient measures having been taken to prevent the accident or occupational illness. The client shall inform LPC as soon as possible of the industrial accident or occupational disease and shall submit a copy of the report drawn up.
23.6 Client shall compensate the Employee for - and indemnify LPC against - all damages (including costs including the actual costs of legal assistance) suffered by the Employee in the context of the performance of his duties, if and to the extent that Client and/or LPC is liable therefor under Article 7:658 and/or Article 7:611 and/or Article 6:162 of the Civil Code.
23.7 If the industrial accident results in the death of the Employee, the Client shall be 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 and indemnify LPC against all damages (including costs including the actual costs of legal assistance) for which it is held liable.
23.8 LPC shall not be liable to Client for any obligations that Employees have entered into with or that have arisen for them to Client or third parties, whether or not with the consent of Client or those third parties.
23.9 Client shall indemnify LPC for any liability (including costs including actual costs of legal assistance) of LPC as the Employee's employer - directly or indirectly - with respect to the damages, losses and obligations referred to in paragraphs 5, 6 and 7 of this Article.
23.10 Customer shall adequately insure itself against liability under the provisions of this Article. Upon LPC's first request, Customer shall provide proof of insurance to LPC.
24.1 Client shall conduct itself with respect to the Employee in the exercise of supervision or direction as well as with respect to the performance of the work in the same careful manner as it is bound to do with its own employees.
24.2 Except with the express prior permission of LPC, Client is not permitted to ‘on-lend’ the Employee to a third party; in other words, to make the Employee available to a third party for the performance of work under the supervision or management of this third party. On-lending is also understood to mean the making available by Client to a (legal) person with which Client is affiliated in a group (concern).
24.3 Client may employ the Employee in derogation of the provisions of the Agreement and General Terms and Conditions only if LPC and the Employee have expressly agreed to this in writing in advance.
24.4 Employment of the Employee abroad by a Client located in the Netherlands is only possible for a definite period of time, under the conditions that Client has organized management and supervision and if the employment has been agreed upon in writing with LPC and the Employee.
24.5 The Client shall compensate the Employee for any damage suffered by the Employee as a result of the damage or destruction of any property belonging to the Employee that was used in the course of the assigned work.
24.6 Customer shall, to the extent possible, adequately insure itself against liability under the provisions of this Article. At LPC's request, Customer shall provide proof of insurance to LPC.
25.1 Without LPC's written permission, Customer is not permitted to make goods available to Employee which can also be used by Employee for private purposes, including - but not limited to - a (lease) car, laptop or telephone. LPC may attach further conditions to the permission and Customer is obliged to comply with these conditions.
25.2 If Customer acts in violation of the provisions of paragraph 1 of this article, Customer shall be obliged to compensate LPC for the damage LPC suffers as a result. Customer shall indemnify LPC in this regard.
26.1 Employees are not made available exclusively to Customer. LPC is entitled to make a proposal to Customer to replace a posted Employee with another Employee, under continuation of the Agreement, inter alia with a view to LPC's company policy or personnel policy, preservation of employment or compliance with applicable laws and regulations, in particular the applicable Collective Bargaining Agreement and applicable dismissal rules and guidelines. Client shall reject such a proposal only on reasonable grounds. If requested, Client shall give reasons in Writing for any rejection.
26.2 LPC shall not imputably fail vis-à-vis Customer and shall not be obliged to compensate any damage or costs to Customer if, for any reason whatsoever, LPC cannot (no longer), or at least cannot (no longer), provide an Employee (or a replacement Employee) to Customer in the manner and to the extent as agreed in the Agreement or subsequently.
27.1 If LPC is temporarily prevented from fulfilling its obligations due to circumstances beyond LPC's control and risk, LPC shall be entitled to suspend the execution of the agreement for the duration of the prevention. Any payment securities provided by or on behalf of Customer shall be extended accordingly.
27.2 If LPC is permanently prevented from fulfilling its obligations due to circumstances as referred to above in paragraph 1, each of the Parties shall be entitled to rescind the Agreement in whole or in part. The circumstances referred to above shall in any case include but not be limited to war, threat of war, riots, acts of war, fire, water damage, flooding, strikes, sit-down strikes, lockouts, import and export impediments, government measures, machine breakdowns, disruptions in the supply of energy and operational failure.
28.1 Client and LPC will not make prohibited distinctions, not on the basis of religion, belief, political affiliation, sex, race, nationality, heterosexual or homosexual orientation, marital status, disability, chronic illness, age or any other ground whatsoever. The Client and LPC will only impose or take into account requirements relevant to the position in the provision or performance of the Agreement and in the selection and treatment of Employees.
28.2 The Client shall be familiar with the Whistleblower Act and shall ensure that the Employee is given access to the whistleblower scheme in the same manner as its own staff if the Client has or applies such a scheme to it.
28.3 If the Client has a grievance procedure relating to the treatment of employees, it will ensure that the Employee has access to this grievance procedure in the same manner as its own personnel. This concerns only complaints that do not concern LPC's employment, all insofar as no legal obligations otherwise exist.
29.1 The Client is obliged to give the Employee who is a member of LPC's works council or the Client's works council the opportunity to exercise these participation rights in accordance with laws and regulations.
29.2 If the Employee exercises co-determination in the Client's company, the Client shall also owe the Client rate for the hours during which the Employee performs work during working hours or attends training in connection with the exercise of co-determination.
29.3 Client declares that it is familiar with its information obligations under the Works Councils Act (hereinafter WOR) regarding the (expected) deployment of Employees in its company. If and insofar as the Client wishes to rely on data provided or to be provided by LPC in fulfilling these information obligations, such provision of data shall not go beyond what the WOR requires.
30.1 The Client expressly declares that it is familiar with the obligations applicable to it under the Wet allocatie arbeidskrachten door intermediairs, including - but expressly not limited to:
31.1 During the term of the Agreement, Client shall be liable for any damages suffered by LPC, the Employee, Client and/or third parties as a result of the Employee's acts and/or omissions. Customer shall indemnify LPC against any liability (including costs including the actual costs of legal assistance) - direct, indirect or pursuant to Article 6:170 of the Dutch Civil Code - in respect of the damages and/or losses referred to in this paragraph.
31.2 Customer shall be obliged to take out adequate insurance to cover the liabilities stipulated in this article. Client shall submit a copy of the policy certificate to LPC upon LPC's first request.
32.1 At the request of Customer, LPC shall have the Employee sign a written statement in order to ensure or promote - insofar as necessary and possible - that all intellectual and industrial property rights to the results of the Employee's work shall accrue to or be transferred to Customer. If LPC owes compensation to the Employee in this respect or otherwise incurs costs, Customer shall owe equal compensation or costs to LPC.
32.2 Client is free to enter into an agreement directly with the Employee or to submit a statement to him for signature regarding the intellectual and industrial property rights referred to in paragraph 1 of this article. Client shall inform LPC of its intention to do so and provide a copy of the agreement/statement drawn up in this regard to LPC.
32.3 LPC shall not be liable to Client for any fine or penalty the Employee forfeits or any damages incurred by Client as a result of Employee invoking any intellectual and/or industrial property right.
