General Terms and Conditions Governing the Posting of Temporary Employees
Article 1 Scope
1. These General Terms and Conditions govern all offers, postings and other agreements of the temporary employment agency’s insofar as the offer, posting or other agreement in question relates to the posting of temporary employees at principals.
2. Any terms and conditions of purchase of the principal or other terms and conditions of the principal do not apply.
3. Any agreements that deviate from these General Terms and Conditions will apply only if they have been agreed upon in writing.
Article 2 Definitions
In these General Terms and Conditions the terms listed below have the following meaning:
1. Temporary employment agency: a temporary employment agency having its registered office in the Netherlands that posts temporary employees at principals.
2. Temporary employee: any natural person who has entered into a temporary employment contract within the meaning of Article 7:690 of the Dutch Civil Code (Burgerlijk Wetboek) with the temporary employment agency in order to perform work for a third party under the management and supervision of that third party.
3. Principal: any natural person who or legal entity that allows a temporary employee to perform work under its management and supervision within the context of an assignment within the meaning of subsection 4 of this Article.
4. Assignment: the agreement between a principal and the temporary employment agency pursuant to which the temporary employment agency posts a single temporary employee within the meaning of subsection 2 of this Article at the principal in order to perform work under the principal’s management and supervision in exchange for payment of the principal’s rate.
5. Posting: setting a temporary employee to work within the framework of an assignment.
6. Temporary employment clause: the written provision contained in the employment contract between the temporary employment agency and the temporary employee and/or contained in the collective employment agreement pursuant to which the employment contract will end by operation of law if the posting of the temporary employee by the temporary employment agency at the principal ends at the principal’s request (Article 7:691 subsection 2 of the Dutch Civil Code).
7. Collective employment agreement: the collective employment agreement for temporary employees concluded by the Dutch General Union of Temporary Employment Agencies (Algemene Bond Uitzendondernemingen) on the one hand and the Dutch Federation of Trade Unions (FNV Bondgenoten), the Dutch Christian Trade Union Federation (CNV Dienstenbond) and the De Unie trade union on the other.
8. Principal’s rate: the rate that the principal owes the temporary employment agency, exclusive of surcharges, expense allowances and VAT. The rate is calculated by the hour unless the parties indicate otherwise.
9. Hirer’s remuneration: the legally valid remuneration of an employee who is employed by the principal and who holds a position that is the same as or equivalent to the position held by the temporary employee. Pursuant to the 2009-2014 collective employment agreement the hirer’s remuneration consists of the following elements: a. the applicable period salary in the scale; b. the applicable reduction of working hours (to be compensated in time or in money at the temporary employment agency’s choice); c. surcharges for overtime, shifted working hours, unsocial hours (including the allowance for work on holidays) and shift-work allowance; d. initial salary increases, amount and time to be determined by the principal; e. expense allowances (insofar as the temporary employment agency can pay them free of statutory payroll tax and social security contributions); and f. incremental salary increases, amount and time to be determined by the principal. 10. Professional employee scheme: the specific provision(s) contained in the collective employment agreement that applies/apply in respect of the principal relating to the remuneration (within the meaning of subsection 9) of professional employees and that have been reported to and approved by the parties pursuant to the collective employment agreement for temporary employees (including the ABU collective employment agreement for temporary employees) and that therefore must be applied as from the first day of the temporary employee’s term of employment at the principal.
Article 3 The assignment and the posting
The assignment
1. The assignment is entered into for a fixed term or for an indefinite period of time.
2. An assignment for a fixed term is an assignment that is entered into:
- either for a predetermined period of time; or
- for a determinable period of time; or
- for a determinable period of time that does not exceed a predetermined period of time.
An assignment for a fixed term will end by operation of law when the agreed term has expired or if a predetermined, objectively determinable event takes place.
End of the assignment
3. An assignment for an indefinite period of time may be terminated only in writing with due observance of a notice period of 15 calendar days.
4. An assignment for a fixed term may not be terminated prematurely unless the parties agree otherwise in writing. If the parties have agreed that premature termination is possible, the assignment for a fixed term may be terminated subject to a notice period of 15 calendar days. Such notice of termination must be given in writing.
5. Any assignment will end immediately as a result of dissolution, at the time at which either of the parties invokes the dissolution of the assignment because:
- the other party is in default;
- the other party is wound up; or
- the other party is declared bankrupt or has applied for a suspension of payments.
If the temporary employment agency invokes such a dissolution on one of the foregoing grounds, the principal’s acts on which the dissolution has been based will be deemed to comprise the principal’s request to have the posting end. This will not lead to any liability on the part of the temporary employment agency for any damage that the principal sustains as a result. The temporary employment agency’s claims will be immediately due and payable as a result of the dissolution.
End of the posting
6. The end of the assignment leads to the end of the posting. Termination of the assignment by the principal implies the principal’s request to the temporary employment agency to terminate the current posting(s) effective from the date on which the assignment is validly terminated or the date on which the assignment has been validly dissolved.
7. If the temporary employment clause applies between the temporary employee and the temporary employment agency the posting of the temporary employee will end at the principal’s request at the time at which the temporary employee states that he is unable to perform the work as a result of an occupational disability. The principal will be deemed to have made that request insofar as necessary. The principal will confirm that request to the temporary employment agency in writing if it is requested to do so.
8. The posting will end by operation of law if and as soon as the temporary employment agency is no longer able to post the temporary employee because the employment contract between the temporary employment agency and the temporary employee has been terminated and the employment contract is not consecutively continued for the benefit of the same principal, in which case the temporary employment agency will not be in default towards the principal nor will it be liable for any damage that the principal sustains as a result.
Article 4 Replacement and availability
1. During the term of the assignment the temporary employment agency will be entitled to offer a replacement temporary employee. The principal may reject such a proposal on reasonable grounds.
2. The temporary employment agency is at all times entitled to make a proposal to the principal to replace a temporary employee who has been posted with another temporary employee and to continue the assignment. The temporary employment agency may do so with a view to its company policy or personnel policy, maintenance of jobs or compliance with applicable laws and regulations, in particular the dismissal guideline for the temporary employment sector. The principal may reject such a proposal only on reasonable grounds. The principal will provide a written substantiation of any such rejection if it is requested to do so.
3. The temporary employment agency will not have committed any breach towards the principal and will not be obliged to compensate the principal for any damage or costs if the temporary employment agency is unable or is no longer able to post a temporary employee (or a replacement temporary employee) at the principal or in any event is unable to do so in the manner and to the extent that was agreed in the assignment or thereafter.
Article 5 Right to suspend performance
1. The principal is not entitled to temporarily suspend the posting of the temporary employee in full or in part unless a situation involving force majeure is involved within the meeting of Article 6:75 of the Dutch Civil Code.
2. Notwithstanding the provisions contained in subsection 1 of this Article, such a suspension is possible if:
- the parties have agreed in writing that such a suspension is possible and the term has been laid down in that context; and
- the principal demonstrates that temporarily no work is available or the temporary employee cannot be set to work; and
- the temporary employment agency can successfully invoke the exclusion of the duty to continue paying salary on the ground of the collective employment agreement towards the temporary employee.
3. If the principal is not entitled to temporarily suspend the posting but the principal temporarily does not have any work for the temporary employee or is unable to set the temporary employee to work, for the term of the assignment the principal will be obliged to continue paying the temporary employment agency the full principal’s rate for the number of hours and overtime hours per period (week, month, etc.) that most recently applied in accordance with the assignment.
Article 6 Working procedure
1. Before the assignment commences the principal must provide the temporary employment agency with an accurate description of the position, the requirements related to the position, the working hours, the length of the working week, the relevant work, the work location, the working conditions and the intended term of the assignment.
2. The temporary employment agency will decide which temporary employees it will propose to the principal for the execution of the assignment on the basis of the information provided by the principal and the capacity, knowledge and skills of which it is aware in respect of the temporary employees who are eligible. The principal will be entitled to reject the proposed temporary employee and if it does so the proposed temporary employee will not be posted.
3. The temporary employment agency will not have committed any breach towards the principal and will not be obliged to compensate any damage sustained if the contacts between the principal and the temporary employment agency prior to a possible assignment, including a concrete request from the principal that a temporary employee be posted, fail for any reason whatsoever to lead to the actual posting of a temporary employee or fail to lead to a posting a temporary employee within the term desired by the principal.
4. The temporary employment agency is not liable for any damage sustained as result of the deployment of workers that do not appear to meet the requirements stipulated by the principal unless the principal submits a written complaint in that respect to the temporary employment agency within a reasonable term after the commencement of the posting and proves in that context that the temporary employment agency was guilty of an intentional act or omission or willful recklessness when the selection was made.
Article 7 Length of the working week and working hours
1. The scope of the temporary employee’s work and the temporary employee’s working hours at the principal will be laid down in an order confirmation or will be agreed upon otherwise. The temporary employee’s working hours, the length of the temporary employee’s working week and the temporary employee’s breaks will be the same as the customary times and hours that apply at the principal’s place of business unless the parties have agreed otherwise. The principal guarantees that the length of the temporary employee’s working week and the temporary employee’s breaks and working hours will be in compliance with the relevant statutory requirements. The principal will ensure that the temporary employee does not exceed the working hours permitted under the law and the agreed scope of the work.
2. The temporary employee’s holidays and leave will be arranged in accordance with the law and the collective employment agreement.
Article 8 Company closure and mandatory days off
When the assignment is entered into the principal must inform the temporary employment agency regarding any company closures and collective mandatory days off during the term of the assignment so that the temporary employment agency can ensure that those circumstances are taken into consideration in the employment contract with the temporary employee if possible. If the intention to schedule a company closure and/or collective mandatory days off becomes known after the assignment is entered into, the principal must inform the temporary employment agency in this regard immediately after that becomes known. If the principal fails to inform the temporary employment agency in a timely manner, for the term of the company closure the principal will be obliged to continue paying the temporary employment agency the full principal’s rate for the customary number of hours and overtime hours per period that most recently applied in accordance with the assignment and conditions.
Article 9 Position and remuneration
1. Before the commencement of the assignment the principal will provide the description of the position to be held by the temporary employee and the related pay classification in accordance with the principal’s remuneration scheme.
2. The temporary employee’s remuneration, including any bonuses and expense allowances, will be determined in accordance with the collective employment agreement (including the provisions governing the hirer’s remuneration; see subsections 4 and 6 below) and the applicable laws and regulations on the basis of the job description provided by the principal.
3. If at any time it appears that that job description and the related pay classification are not in line with the position actually held by the temporary employee, the principal will immediately provide the temporary employment agency with the correct job description and related pay classification. The temporary employee’s remuneration will be determined anew on the basis of the new job description. The position and/or pay classification may be modified during the term of the assignment if the temporary employee reasonably claims such a modification by invoking the law, regulations, the collective employment agreement and/or the hirer’s remuneration. If the modification leads to a higher remuneration, the temporary employment agency will correct the temporary employee’s remuneration and the principal’s rate accordingly. The principal will owe the temporary employment agency that corrected rate as from the time at which the temporary employee performs the work related to the actual position.
4. Pursuant to the collective employment agreement the temporary employment agency is obliged to apply the hirer’s remuneration after the temporary employee has worked for the principal for 26 weeks.
5. The principal will provide the temporary employment agency with information regarding all the elements of the hirer’s remuneration referred to in Article 2 subsection 9 (with respect to the amount and time of the initial wage increases, only insofar as that is known at that moment) in a timely manner and in any event not later than in the 22nd week worked by the temporary employee.
6. If the temporary employment agency has agreed with the principal that the hirer’s remuneration will be applied starting on the first day of work and/or if a professional employee scheme is involved, the temporary employment agency will apply the hirer’s remuneration starting on the temporary employee’s first day of work and the principal will provide the temporary employment agency with the information referred to in subsection 5 of this Article before the work commences.
7. The principal will inform the temporary employment agency in a timely manner of the amount of any changes in the hirer’s remuneration and the initial wage increases that have been determined, or in any event as soon as that information becomes known.
8. Overtime, shift work, work during special times or on special days (including public holidays) and/or shifted hours will be remunerated in accordance with the applicable scheme contained in the collective employment agreement or, if applicable, the hirer’s remuneration and will be charged on to the principal.
Article 10 Proper management and supervision
1. In performing its supervision or management duties with respect to the performance of the work the principal will act towards the temporary employee in accordance with the same duty of care that it is obliged to observe with respect to its own employees.
2. The principal is not permitted to in turn ‘lend out’ the temporary employee to a third party, i.e. to make the temporary employee available to a third party to perform work under the supervision or management of that third party. Lending out is also taken to mean the principal making the temporary employee available to a natural person with whom or legal entity with which the principal is affiliated in a group.
3. The principal may set a temporary employee to work in derogation from the provisions laid down in the assignment and conditions if the temporary employment agency and the temporary employee had given written permission to do so in advance.
4. A principal having its registered office in the Netherlands may set the temporary employee to work abroad only under the strict management and supervision of the principal and for a fixed term and provided that that has been agreed in writing with the employment agency and the temporary employee has accepted such posting in writing.
5. The principal will compensate the temporary employee for any damage resulting from an item of property belonging to him that was used within the framework of the assigned work being damaged or lost.
6. The temporary employment agency is not liable towards the principal for any damage or loss sustained by the principal, third parties or the temporary employee himself that ensues from the temporary employee’s acts or omissions.
7. The temporary employment agency is not liable towards the principal for any obligations that temporary employees undertake or that arise for them towards the principal or third parties, whether or not the temporary employee did so with the permission of the principal or those third parties.
8. The principal indemnifies the temporary employment agency against any liability (inclusive of costs, including the actual costs of legal representation) of the temporary employment agency as the temporary employee’s employer, directly or indirectly, in respect of the damage, loss and obligations referred to in subsections 5, 6 and 7 of this Article.
9. The principal will take out sufficient insurance in respect of the liability on the ground of the provisions contained in this Article to every extent possible. At the request of the temporary employment agency the principal will provide proof of such insurance.
Article 11 Working conditions
The principal declares that it is aware of the fact that it is deemed to be an employer pursuant to the Dutch Working Conditions Act (Arbeidsomstandighedenwet).
1. The principal is responsible towards the temporary employee and the temporary employment agency for compliance with the obligations ensuring from Article 7:658 of the Dutch Civil Code, the Dutch Working Conditions Act and the related regulations in connection with safety at the workplace and good working conditions in general.
2. The principal is obliged to provide the temporary employee and the temporary employment agency with written information with respect to the desired professional qualifications and the specific characteristics of the job to be filled in a timely manner and in any event within one working day before the work commences. The principal will actively inform the temporary employee regarding the Risk Inventory and Evaluation (RIE) that applies within its company.
3. If the temporary employee is involved in an industrial accident or contracts an occupational disease, the principal will immediately inform the competent authorities if it is obliged to do so under the law and it will ensure that a written report is immediately drawn up in that respect. The report will lay down the circumstances of the accident in such a way that it is possible to determine from that report with a reasonable degree of certainty whether and to what extent the accident was caused by the fact that insufficient measures were taken in order to prevent the accident or the occupational illness. The principal must inform the temporary employment agency as quickly as possible regarding the occupational accident or the occupation illness and it must submit a copy of the report that has been drawn up.
4. The principal will compensate the temporary employee for and will indemnify the temporary employment agency in respect of all damage (inclusive of costs, including the actual costs of legal representation) that the temporary employee sustains in the context of his performing his work if and insofar as the principal and/or the temporary employment agency is liable for such damage on the ground of Article 7:658 and/or Article 7:611 of the Dutch Civil Code. 5. If the occupational accident leads to death the principal will be obliged to compensate all damage (inclusive of costs, including the actual costs of legal representation) in accordance with Article 6:108 of the Dutch Civil Code to the persons named in that Article. 6. The principal will take out sufficient insurance in respect of the liability on the ground of the provisions contained in this Article. At the request of the temporary employment agency the principal will provide proof of such insurance.
Article 12 Principal’s liability
1. A principal that fails to comply with its obligations ensuing from these General Terms and Conditions, in particular the obligations described in Articles 3 (subsections 5, 6 and 7), 4 (subsection 3), 8, 9 (subsections 1, 3, 5 and 7), 10 (subsections 1 up to and including 5, 8 and 9), 11 (subsections 2 up to and including 6), 14 (subsection 2), 17 (subsection 1), 19 and 20 (subsection 1), will be obliged to compensate any and all damage that the temporary employment agency sustains as a result (inclusive of costs, including the actual costs of legal representation) without any prior notice of default being required, and if necessary it will be obliged to indemnify the temporary employment agency in that respect. This provision is without prejudice to the temporary employment agency’s right to bring any other claims, such as an invocation of dissolution. The provisions contained in this Article apply generally with respect to – and if necessary as a supplement to – the matters that have already been arranged separately in these General Terms and Conditions and with respect to matters in respect of which that is not the case.
Article 13 Principal’s rate
1. The principal’s rate that the principal owes the temporary employment agency will be calculated on the basis of the hours to which the temporary employment agency is entitled on the ground of the assignment and/or the conditions and will always be calculated at a minimum on the basis of the actual hours worked by the temporary employee. The principal’s rate will be multiplied by the surcharges and increased by the expense allowances that the temporary employment agency owes the temporary employee. VAT will be charged on the principal’s rate, the surcharges and the expense allowances.
2. If at any time the hirer’s remuneration must be applied in accordance with Article 9 subsection 4 of these Terms and Conditions the temporary employment agency will determine the temporary employee’s remuneration and the principal’s rate anew on the basis of the information that the principal provides with respect to the job classification and hirer’s remuneration. The remuneration and the principal’s rate include all the elements of the hirer’s remuneration that apply in respect of the principal.
3. In addition to the circumstances referred to in subsection 2 the temporary employment agency will in any event also be entitled to adjust the principal’s rate during the term of the assignment in the event that the costs related to the temporary employment work increase:
as the result of an amendment to the collective employment agreement or an adjustment of the salaries provided for in the collective employment agreement or an amendment to the collective employment agreement that applies with respect to the principal and/or the employment conditions scheme or the salaries provided for in the employment condition scheme;
as a result of amendments to or pursuant to laws and regulations, including amendments to or pursuant to social insurance and tax laws and regulations, the collective employment agreement for temporary employees or any binding regulations; or
as a result of a periodic or other salary increase and/or a one-off or other mandatory payment ensuing from the collective employment agreement, the collective employment agreement that applies in respect of the principal and/or the employment conditions scheme and/or laws and regulations.
4. If the principal does not accept the payment of the adjusted principal’s rate in derogation of the provisions contained in subsections 2 and 3 of this Article that will imply a request on the part of the principal to terminate the posting.
5. The temporary employment agency will inform the principal as quickly as possible and confirm to the principal in writing any adjustment of the principal’s rate. If the remuneration and/or the principal’s rate has/have been set too low as a result of any cause that can be attributed to the principal, the temporary employment agency will be entitled to adjust the principal’s rate in retrospect to the correct level effective retroactively. The temporary employment agency will also be entitled to charge the principal for the amounts that the principal has failed to pay as a result and for the costs that the temporary employment agency has incurred as a result.
Article 14 Invoices
1. Invoices will be drawn up on the basis of the method of timekeeping that has been agreed with the principal and on the basis of the provisions indicated in the assignment, by agreement or in these Terms and Conditions. Unless the parties have agreed otherwise in writing the time worked will be recorded using timesheets that have been approved by the principal in writing.
2. The principal and the temporary employment agency may agree that the time worked will be recorded using a timekeeping system, an electronic and/or a computerised system or by means of overviews to be drawn up by or for the principal.
3. The principal will be responsible for ensuring that the time worked is recorded correctly and completely and is obliged to ensure that the information contained in the temporary employee’s timesheets is correct and truthful, such as the temporary employee’s name, the number of hours worked, overtime hours, unsocial hours and shift work hours, the other hours in respect of which the principal’s rate is due pursuant to the assignment and the conditions, any surcharges and any expenses that have actually been incurred.
4. If the principal provides the timekeeping records it must ensure that the temporary employment agency has the timekeeping records at its disposal immediately following the week worked by the temporary employee. The principal is responsible for the manner in which the timekeeping records are provided to the temporary employment agency.
5. Before the principal submits the timekeeping records it must give the temporary employee an opportunity to check the timekeeping records. If and insofar as the temporary employee disputes the information contained in the timekeeping records the temporary employment agency will be entitled to determine the hours and the costs in accordance with the temporary employee’s indication unless the principal can demonstrate that the information it has provided is correct.
6. If the timekeeping records are kept by means of timesheets to be submitted by the temporary employee the principal must retain a copy of the time sheets. In the event of any discrepancy between the timesheet that the temporary employee submits to the temporary employment agency and the copy retained by the principal the timesheet that the temporary employee has submitted to the temporary employment agency will constitute full evidence in respect of settlement unless the principal furnishes evidence to the contrary.
Article 15 Best-efforts obligation and liability
1. The temporary employment agency is obliged to make efforts to ensure that the assignment is carried out properly. If and insofar as the temporary employment agency fails to comply with that obligation the temporary employment agency will be obliged, with due observance of the provisions contained in subsections 3 and 4 below and elsewhere in the General Terms and Conditions, to compensate the direct damage that the principal sustains as a result, provided that the principal submits a written complaint to the temporary employment agency as quickly as possible and in any event not later than three months after that damage has arisen or became known and in that context demonstrates that the damage is a direct result of a breach on the part of the temporary employment agency.
2. Any liability on the part of the temporary employment agency that ensues from the assignment will be limited to the principal’s rate that the temporary employment agency charges the principal for the execution of the assignment, the foregoing in respect of the agreed number of working hours and the agreed duration of the assignment up to a maximum of three months. Under no circumstances will the maximum amount to be paid by the temporary employment agency exceed the amount to be paid out under its insurance policy.
3. Any liability on the part of the temporary employment agency for indirect damage, including consequential damage, loss of profits, lost savings and losses due to business interruption, is excluded.
Article 16 Intellectual and industrial property
1. At the principal’s request the temporary employment agency will have the temporary employee sign a written statement in order to ensure – insofar as necessary and possible – that all intellectual and industrial property rights in respect of the results of the work performed by the temporary employee will accrue to or will be transferred to the principal. If the temporary employment agency owes the temporary employee any remuneration in this respect or if the temporary employment agency otherwise incurs costs the principal will owe the temporary employment agency the same amount of remuneration or the same amount in costs.
2. The principal is free to enter into an agreement directly with the temporary employee or to provide the temporary employee with a statement to be signed in respect of the intellectual and industrial property rights referred to in subsection
1. The principal will inform the temporary employment agency of its intentions in that respect and will provide the temporary employment agency with a copy of the related agreement/statement that has been drawn up.
3. The temporary employment agency will not be liable towards the principal for any fine or penalty that the temporary employee forfeits or any damage that the principal sustains as a result of the fact that the temporary employee invokes any intellectual and/or industrial property right.
Article 17 Confidentiality
1. The temporary employment agency and the principal will not provide third parties with any confidential information from or about the other party, its activities and its business relations that comes to their attention in connection with the assignment, unless and only insofar as the provision of such information is necessary in order to properly carry out the assignment or the party in question is under a legal obligation to disclose such information.
2. At the principal’s request the temporary employment agency will oblige the temporary employee to observe a duty of confidentiality with respect to any information that comes to his attention in the performance of his work unless the temporary employee is under a legal duty to disclose such information.
3. The principal is free to directly oblige the temporary employee to observe a duty of confidentiality. The principal will inform the temporary employment agency of its intentions and will provide the temporary employment agency with a copy of the related agreement/statement that has been drawn up in that respect. The temporary employment agency will not be liable for any fine, penalty or any other damage that the principal incurs as a result of the temporary employee violating such a duty of confidentiality.
Article 18 Principal’s obligation to verify and obligation to retain
If the temporary employment agency makes a foreign national within the meaning of the Dutch Foreign Workers (Employment) Act (Wet Arbeid Vreemdelingen) available to the principal, the principal hereby explicitly declares that it is familiar with Article 15 of that Act, pursuant to which among other things upon the commencement of the work the principal is obliged to obtain from the foreign national a copy of the document referred to in Article 1 of the Dutch Compulsory Identification Act (Wet op de Identificatieplicht). The principal is responsible for carefully checking the above-mentioned document and must confirm the foreign national’s identity on the basis of that document. The principal must retain a copy of the document in its files. The temporary employment agency is not responsible or liable for any penalty that is imposed on the principal in the context of the Dutch Compulsory Identification Act.
Article 19 Prevention of unacceptable discrimination
In order to prevent any unjustified differentiation being made, in particular on the basis of religion, personal beliefs, political affinity, sex, race, nationality, heterosexual or homosexual orientation, civil status, handicap, chronic illness, age or on any other ground whatsoever, the principal will not be entitled to stipulate any requirements that are not relevant in respect of the position in question when providing the information regarding the work to be assigned, nor may be temporary employment agency take any such requirement into consideration.
Article 20 Co-determination
1. The principal is obliged to give a temporary employee who is a member of the Works Council of the temporary employment agency or of the principal’s Works Council an opportunity to exercise those codetermination rights in accordance with the applicable laws and regulations.
2. If the temporary employee is involved in co-determination at the principal’s company the principal will also owe the principal’s rate for the hours during which the temporary employee performs work or takes a training course during working hours in connection with such codetermination.
Article 21 Disputes
Any disputes that ensue from or that are related to a legal relationship between the parties that is governed by the General Terms and Conditions will be resolved in the first instance exclusively by the competent court of the District in which the temporary employment agency has its head office.
Article 22 Final provision
If one or more of the provisions contained in these General Terms and Conditions is null and void or is declared null and void the assignment and the General Terms and Conditions will otherwise remain in effect. The provisions that are not legally valid or that cannot legally be applied will be replaced with provisions that are in line with the purport of the provisions to be replaced to every extent possible.
