Secondment Agreement Phase A

Transcription

1 Parties: Secondment Agreement Phase A A. N2people, established in Venray and with offices at Micro Street 6, 5804 CM in Venray, under the legal representation and signatory authority of Peter Nabbe, hereinafter to be referred to as "N2people" or "the employer"; and B. Full name and salutation, born on date-of-birth, residing at street name, house number, in city/town name, hereinafter to be referred to as "the employee", agree as follows: Section 1 Nature & duration 1. The present employment contract is a temporary employment agreement within the meaning of Section 7:690 of the Dutch Civil Code. The employee will in principle be made available to a client of the employer to carry out activities under the direction and supervision of that client. Within the definition outlined by the Collective Labour Agreement for Temporary Agency Workers, this is a "secondment agreement". 2. In all cases, the most recent version of the Collective Labour Agreement for Temporary Agency Workers (Dutch: CAO voor Uitzendkrachten, hereinafter referred to as "the CLA") drawn up by the Federation of Private Employment Agencies is fully applicable to this secondment agreement. The employer must present a copy of the CLA to the employee prior to the signing of this secondment agreement. 3. Any definitions as stated in section 1 of the CLA are generally applicable to any terms used in this secondment agreement that conform to those used in section 1 of the CLA. Any changes to the definitions as stated in the CLA will automatically apply to this secondment agreement. 4. The employee is to be employed in phase A. 5. The secondment agreement is entered into for a fixed period, specifically for a period of one week starting on the Employment Date and automatically expires without the need for notice on the termination date. If the employee continues to be employed after the termination date of this secondment agreement without objection from the employer, together with a new posting within 13 weeks after the end of this secondment agreement, this agreement shall automatically be extended and/or revived for a period equal to the initial period specified under paragraph Notwithstanding paragraph 5 of this section 1, the secondment agreement ends on the day before the employee enters into phase B. 7. This secondment agreement also terminates by operation of law on the date the Employee reaches legal retirement age. 8. Termination of this secondment agreement is possible in accordance with the provisions of article 15 of the CLA.

2 Section 3 Exclusion of the continued payment of wages obligation The exclusion of the continued payment of wages obligation as outlined under Article 30 of the CLA is applicable to this secondment agreement. As a result, wages are only due to the employee over those period(s) during which the employee actually carried out employment activities. The exclusion of the continued payment of wages obligation is not applicable in cases of employee disability incurred over the period that the secondment agreement is applicable. Section 4 Confirmation of the assignment The employee will in principle be made available to different clients. A confirmation of assignment will be drawn up for each client which must include the following information: a. Client address details; b. the commencement date of the assignment; c. the duration of the assignment; d. working hours; e. the job; f. the job grade that the position falls under according to the CLA; g. the applicable remuneration scheme in accordance with Article 19 of the CLA; h. any applicable travel or other expenses. Additional provisions may apply, including those with regard to housing and with regard to conversion referred to in Article 22 of the CLA. Any additional provisions shall be appended to the confirmation of assignment. The confirmation of assignment will in all cases be provided to the Employee. The confirmation of assignment and any necessary appendices will in all cases be included in this secondment agreement. Section 5 Employment history The employee confirms providing the employer with correct and complete information regarding his/her employment history at the time of employment registration and prior to the signing of this secondment agreement. This information has been provided in writing and reviewed by the employee whose signature on this secondment agreement acknowledges his/her consent. Section 6 Other provisions 1. If the employee is eligible, the employee will make contributions to the mandatory pension scheme governed by the personnel services pension fund foundation (in Dutch: Pensioenregeling van de Stichting Pensioenfonds voor Personeelsdiensten) from the start date of this secondment agreement. The employer will deduct the appropriate contribution amount from the employee s wages in accordance with Appendix III of the CLA. Pagina 2 van 6

3 2. If the employee intends to enter into an employment agreement with the client, the employee must inform the employer prior to entering into the agreement. 3. For additional terms and condition, the parties refer to the appropriate provisions as outlined in the CLA and its appendices. This secondment agreement does not aim to deviate from the provisions under the CLA. Section 7 Unilateral change clause The employer is entitled to modify the employment agreement in keeping with the standards of reasonableness and fairness if the employer has such a compelling interest in the change as to outweigh the interest of the employee that would be harmed by the change (Section 7:613 Dutch Civil Code). In such a case, fiscal and non-fiscal legislation is applicable, but not to the exclusion of other legislation. Section 8 Governing law This secondment agreement is exclusively governed by Dutch law. This agreement has been signed in duplicate on DATE in Venray. Employer: Employee: N2People Employee Name Peter Nabbe Pagina 3 van 6

4 APPENDIX 1 Employee name and salutation This appendix is part of the Secondment Agreement Phase A for the aforementioned person and constitutes an integral part of the agreement. Client: Client Name Client street address client postal code, client town/city assignment start date : assignment start date job title : job title job grade : 1 working hours : According to schedule working hours per week (average) : working hours per week applicable CLA with regard to pay and allowances : Federation of Private Employment Agencies (Algemene Bond Uitzendondernemingen, ABU) gross hourly wage : gross salary overtime bonus : As stated in the CLA overtime bonus : As stated in the CLA travel allowance : travel allowance conversion into tax-free benefits/tax-free reimbursements transportation/accommodation costs : yes with effect from start date to termination Details: The employee pays a weekly health insurance contribution. N2people has the right to deduct this amount from the employee s weekly salary. Holiday/return notice must be given at least 2 weeks in advance. Failure to comply with this rule will incur a Penalty Fine as described in the "Individual Terms and Conditions for Housing". In cases of misconduct, theft and/or destruction of property, a monthly salary will be withheld. The employee MUST ALWAYS notify head office of arrival/departure, tel: Failure to do so will result in a deduction of from the employee s next pay check. Hours are tracked using a timecard or job sheets. Employees are required to do overtime if requested by the employer! The employee is required to wear an N2People t-shirt during working hours while on assignment for the client; these t- shirts will be provided by N2People. The employee grants N2People the unrestricted right to publish any images created by N2People for the purpose of print materials, advertisements, etc. to the benefit of N2People. Venray, Date signed.. N2People Peter Nabbe.. Employee employee name Pagina 4 van 6

5 Individual Terms and Conditions for Housing This Individual Terms and Conditions for Housing appendix is part of the employment agreement for the aforementioned person and constitutes an integral part of the agreement. The following rules must always be followed! If an occupant violates or fails to respect the rules, N2people B.V. reserves the right to immediately remove the offending occupant from the premises. 1. All employees under the employ of N2people B.V. have the right to be provided with housing by N2people B.V. Housing is made available for a weekly charge. 2. If the employee is no longer employed by N2people B.V., regardless of the reason for termination, the employee is no longer entitled to remain in housing provided by N2people B.V. The employee is required to immediately leave the premises. If the employee does not comply, then N2people B.V. reserves the right to claim a charge of per night from the employee. In the case of sickness, there can be an exception to this rule. Whether an exception is made will be determined by N2people B.V. 3. The employee is required to notify N2people B.V. head office of a return journey to Poland 6 weeks in advance of the departure date..if the employee fails to do this, or leaves prior to the arranged date, per week up to a maximum of 10 weeks will be retroactively deducted from the salary of the employee. 4. The costs of damage to housing caused by the occupants of the dwelling will ALWAYS be deducted from the wages of those occupants responsible for the damage. 5. The costs of repairs to household appliances as a result of their improper use by occupants will also be deducted from the wages of those occupants who use the appliances. Both damage and repairs should always be reported by calling head office telephone number: N2people B.V. is responsible for paying for the regular maintenance of property and equipment. 6. Occupants are responsible for cleaning their own residences. Occupants are responsible for purchasing and covering the costs of the cleaning products they need. If additional cleaning services are necessary and these are carried out by an external party hired by N2people B.V., the occupants will be responsible for paying the costs of these services. The costs for any additional cleaning services will then be deducted from the occupants wages. 7. Excessive alcohol consumption is not permitted and will lead to immediate removal from the premises! 8. The residents are required to allow N2people B.V. staff, the owners of the premises and appliance repair staff sent by N2people B.V. access to the premises at all times. Pagina 5 van 6

6 N2PEOPLE B.V. SICK LEAVE REGULATIONS If you are employed by N2People B.V. and you get sick, you must do the following: REPORTING SICKNESS ABSENCE As soon as you fall sick, you are required to report this to both N2People as well as to the client on time. Reporting on time means at least 4 hours before the start of your next scheduled work day. You can contact N2People by telephone 7 days a week, 24 hours a day in order to report sickness absence. When absence is reported on time, the first 2 days are referred to as waiting days. Employees do not receive sick pay for waiting days. Always keep N2People immediately informed of your situation. The following information must be given when reporting sickness absence: Date of the 1st day you fell ill; Working hours/shift; The client you are working for; Address where you will be recuperating; Whether your illness is the result of pregnancy or an accident in the workplace. CONSULT A MEDICAL PRACTITIONER If you are contacted by telephone to do so, you must consult a general practitioner or, if necessary, a specialist designated by the UWV job office (Uitvoeringsinstituut Werknemersverzekeringen - UWV) during their drop-in hours. However, if you resume work before the drop-in time you were asked to go at, you will no longer be obliged to consult a medical practitioner. REPORTING BACK FROM SICKNESS ABSENCE The same procedure applies to reporting back to work after a period of sickness: notify N2People and the client you work for as soon as you feel well enough to go back to work. Even if the job has finished by that time, it is important to notify N2People that you are ready to go back to work. MATERNITY LEAVE When going on maternity and childbirth leave, you will fall under the Work and Care Act (Wet Arbeid en Zorg - WAZO). The benefit you receive during this period is transferred from the sick leave benefit to the work and care benefit. The work and care benefit is administrated by the UWV job office. If you fall ill outside of the period you are eligible to be on maternity leave as the result of your pregnancy, you are entitled to receive a sick leave benefit and not a work and care benefit. If you are pregnant, you are entitled to 16 weeks of maternity leave. You must notify N2People of the start date of your maternity leave at least 3 weeks prior to going on maternity leave. You are also required to submit a zwangerschapsverklaring a statement from an appropriate medical practitioner showing that you are pregnant. You are responsible for applying to the UWV job office for maternity or childbirth leave and can do so by filling in a WAZO application form (WAZO aanvraagformulier). You must submit your signed WAZO form to the UWV job office at least 2 weeks before the commencement date of your leave along with a zwangerschapsverklaring statement and wage information. After giving birth, you must notify N2People B.V. of the date no later than the second day after giving birth. You must also officially inform the UWV job office of the actual date you gave birth by returning the bevallingsverklaring statement you will receive from them. For approval:.. N2People B.V.. employee name Pagina 6 van 6