CHAPTER 2. CONDITIONS FOR THE PROVISION OF LABOUR

13.1 The Agreement is concluded by (written) acceptance by the Client or by A12
Personnel Services actually makes a Worker available to the Client.
13.2 The Agreement is entered into for the duration of the related provision(s) and
associated payment obligations. The Agreement, including all resulting
payment obligations, can therefore only end when all related provision(s) have been made
have been validly terminated. The aforementioned also applies in the event of dissolution or immediate
termination of the Agreement.
13.3 As a result of the termination or dissolution of the Agreement, A12 Personeelsdiensten is no longer obliged
to continue the provision of the Worker(s).
ARTICLE 14. INVOICES AND TIME RECORDING FORMS
14.1 A12 Personnel Services will issue invoices to the Client based on the information provided by the Client and the
Workforce approved (digital) time registration forms, for which the Client is responsible
for the correct, timely and complete completion and approval of the time registration forms, including the correct
number of hours worked (overtime), as well as actual expenses incurred and any additional hours.
14.2 A12 Personnel Services may decide to invoice the Client on the basis of the facts known to it and
circumstances. A12 Personnel Services will not do this until reasonable consultation has taken place with
Client has taken place.
14.3 If the Employee disputes the data on the time registration form, A12 Personnel Services may
number of hours worked and other costs will be invoiced according to the statement of the Worker, unless the Client
demonstrates that the time reporting form is correct.
14.4 The Client may charge 20% of a VAT-shifted invoice and 25% of a VAT-21% invoice from A12 Personeelsdiensten
pay into the G-account of A12 Personnel Services.
14.5 In the event of a discrepancy between a time registration form submitted to A12 Personnel Services and the time registration form submitted by
If the client retains a copy thereof, the copy submitted to A12 Personeeldiensten will be deemed correct,
unless the Client proves otherwise.
14.6 A12 Personeelsdiensten is entitled to issue invoices to the Client regarding
payment obligations of the Client arising from the Agreement and/or these General Terms and Conditions
Conditions that are specific, but not related to a time reporting form.
ARTICLE 15. PROVISION OF LABOUR
15.1 The specific conditions under which the Worker(s) will be made available to the Client,
are agreed in an additional letter, which forms an integral part of the Agreement, then
does qualify as a stand-alone Agreement on individual provision of services.
15.2 If a Worker is unable to perform work due to special circumstances on the part of the Client,
If the Client is unable to perform the agreed work, the Client will notify A12 at least four days in advance.
Personnel services if the Worker is informed of this. If the Worker is employed on the basis of
an on-call agreement within the meaning of Article 7:628a of the Dutch Civil Code, the Client is liable to pay the rate for the
number of hours related to the original call, if he changes or cancels the call within four
days prior to the original commencement date of the Worker's work.
15.3 The Client is not entitled to temporarily suspend the employment of the Employee in whole or in part.
suspend, unless there is force majeure within the meaning of Article 6:75 of the Dutch Civil Code.
15.4 The Client will not in turn make the Worker made available available again.
make/lend to a third party without written permission from A12 Personnel Services. A violation
of this paragraph results in A12 Personeelsdiensten being entitled to make the
To terminate the Employee and/or the Agreement with immediate effect, as well as all resulting or related
to charge the Client for any damage. The Client must then inform A12 Personeelsdiensten
to fully indemnify.
15.5 The Employee performs the work for the Client on the basis of a civil law
employment relationship pursuant to Article 7:610 in conjunction with Article 7:690 of the Dutch Civil Code, or the Worker performs the
activities for the Client under a contract of assignment pursuant to Article
7:400/7:750 Civil Code. This is specified per Worker.
ARTICLE 16. FUNCTION AND WORKING HOURS
16.1 The function of the Worker, as well as the working conditions, times and hours, may change during the
Agreement will be adjusted in accordance with the wishes of the Employee, if the Employee opts for the
adjustment can reasonably be claimed and does, by appealing to good employer practices or
(upcoming) legislation and regulations, the collective labor agreement ('CAO') applicable to A12 Personeelsdiensten or
jurisdiction.
16.2 If and to the extent that A12 Personeeldiensten directly or indirectly suffers damage due to the
The job description provided in the agreement does not correspond to the actual function performed or because
the later (provided and) adjusted job description does not correspond to the actual function performed,
as well as if the working hours, number of working hours and rest periods are determined in the Agreement or subsequently adjusted
deviate, the Client is obliged to compensate for that damage, as well as fines pursuant to Article 18 paragraph 2 of the Minimum Wage Act and
minimum holiday allowance, including costs, including the actual costs of legal assistance, in full
to be reimbursed to A12 Personnel Services.
16.3 If the employment contract of the Employee also qualifies as an on-call contract within the meaning of
Article 7:628a of the Dutch Civil Code, then A12 Personnel Services is obliged to make the Employee an offer for
to perform a fixed workload including an obligation to continue paying wages, whereby the fixed workload
must be at least equal to the average working hours in the preceding 12 months. In the event that the
If the Worker accepts a fixed working time, the rate will be calculated on the basis of the fixed working time
scope of work and not the actual number of hours worked.
16.4 If it is found that the work actually performed by the Employee is in
comparison with the job description provided by the Client should reasonably lead to
a higher wage for the Worker and a correspondingly higher rate, A12 Personnel Services will increase the rate
correct accordingly and the Client will pay this corrected rate (retroactively) to A12
Personnel services are owed.
16.5 A12 Personnel Services is in any case entitled to unilaterally change the rate during the term of the Agreement.
to be adjusted if the gross salary has to be increased as a result of a mandatory salary adjustment,
a statutory wage increase, if the costs of the agreed work increase as a result of increased
employer's charges and/or if the direct or indirect costs associated with making the
Increase in the workforce during the interim period, whether or not under the applicable collective labor agreement.
16.6 A12 Personnel Services is entitled to make mandatory, one-off or other special payments to the
To be charged to the Client for manpower, unless this has already been included in the rate.
ARTICLE 17. WORKING CONDITIONS
17.1 The Client shall compensate the Employee and A12 Personnel Services for all damages (including costs incurred
including the actual costs of legal assistance) incurred by the Employee in the performance of his work,
A12 Personnel Services suffers, unless the Client proves (in court) that he has fulfilled his duty of care under
Article 7:658 of the Dutch Civil Code and Article 7:611 of the Dutch Civil Code have been fully complied with or that the damage is largely the
is the result of intent or deliberate recklessness on the part of the Worker.
17.2 If the industrial accident results in death, the Client is obliged to compensate all damages (including costs including
of the actual costs of legal assistance) to be reimbursed under the conditions mentioned above in accordance with
Article 6:108 of the Civil Code to the persons mentioned in that article, including the provisions of Article 7:674
BW to take responsibility for it.
17.3 The Client is obliged to fulfil all obligations as referred to in this article towards A12 Personeelsdiensten.
to comply with this without restriction and indemnifies A12 Personeelsdiensten at all times and fully against any claims in this regard,
including those of the Workers and/or third parties and all associated costs, including the
wage costs of the Employee, actual costs of legal assistance against A12 Personnel Services applicable
made in connection with the failure to comply with any obligation referred to above, without prejudice to any other
(claim) rights of A12 Personnel Services against the Client. Under wage costs of the Worker
Any ZW benefits that A12 Personeelsdiensten qualifies as
self-risk bearer for the Sickness Benefits Act – which the (former) Employee must comply with.
17.4 If the Employee does not have a formal legal relationship with A12 Personnel Services, but is hired by A12
Personnel services is hired out and on-lent, then the Client agrees with the circumstance that the present
article can be directly invoked by the party with whom the Worker has a formal legal relationship
maintains (third party provision).
ARTICLE 18. REMUNERATION OF WORKERS
18.1 The wages and compensation of the Workers shall be determined in advance of the provision of services and, if necessary,
determined during the period of provision and are equal to the wages and allowances granted to
comparable persons, working in the same or equivalent positions, employed by the Client (the
so-called 'borrower's remuneration'), which includes the following components:
a. only the applicable period wage in the scale;
b. the applicable reduction in working hours. This can – at the discretion of A12 Personnel Services –
be compensated in time and/or money;
c. allowances for overtime, for working irregular hours (including public holidays), shifted hours,
shift work and working under physically demanding conditions related to the nature of the work
(including working at low or high temperatures, working with hazardous substances, or dirty work);
d. initial wage increase;
e. tax-free expense allowances: travel expenses, boarding costs and other costs necessary due to the
performance of the function;
f. periodicals;
g. compensation for travel hours or travel time associated with the work;
h. one-off, special benefits;
i. recurring payments (such as a 13th month, end-of-year bonus, etc.).
18.2 Tariff changes as a result of collective labor agreement obligations and changes in or as a result of legislation and regulations, such as
fiscal and social legislation and regulations, will be communicated to the Client with effect from the time of such changes
charged and are owed accordingly by the Client, even if these changes occur
during the term of an Agreement.
18.3 A12 Personeelsdiensten is entitled to charge the hirer's remuneration, as well as the associated rate (see
Article 19 of these General Terms and Conditions) to be corrected retroactively and to the Client in
to be charged if it appears that (one of) the components has been incorrectly determined.
18.4 If the employment contract of the Employee qualifies as a payroll agreement within the meaning of Article 7:692
BW, then A12 Personeelsdiensten is entitled to charge the additional wage components as referred to in
Article 8a of the Allocation of Workers Act To be charged additionally to the Client by Intermediaries,
from the moment of payment to the Employee, or then payroll employee.
ARTICLE 19. RATE
19.1 The Client shall pay A12 Personeelsdiensten a fee for the provision of the Workers.
owed.
19.2 The rate is directly related to the wage costs of the Worker made available to the Client.
has been set. A12 Personeelsdiensten is entitled to adjust the rate at the time and with effect from
a change in labor costs occurs.
19.3 One-off payments, periodic payments (13th month, end-of-year bonus, etc.) and/or severance/
transition payments are not included in the rate and will be charged additionally to the Client,
unless otherwise agreed between A12 Personeelsdiensten and the Client.
19.4 Upon dissolution, all claims of A12 Personeelsdiensten shall become immediately and fully due and payable, including
included the rate to be calculated over the reasonably expected duration of the period related to the Agreement
containing provisions. A12 Personnel Services shall then also be entitled to full compensation,
including all costs including the actual costs of legal assistance.
19.5 If the employment contract falls within the scope of Article 7:628a paragraph 1 of the Dutch Civil Code, the Client is
required to pay at least 3 times the rate for each period in which the Worker performs work,
even if less than 3 hours of work has been performed.
ARTICLE 20. CONTINUED PAYMENT IN CASE OF ILLNESS
The Employee who is ill is entitled to wages during illness during the term of his employment contract.
In principle, continued payment of wages during illness is at the expense and risk of A12 Personeelsdiensten. The Client is
obliged to cooperate with any reintegration obligations of A12 Personeelsdiensten and –
if requested – to make an effort to offer the Worker a reintegration position.
ARTICLE 21. DURATION AND TERMINATION OF THE PROVISION
21.1 The Client will inform A12 Personnel Services about the intended duration of the provision, on
basis on which A12 Personnel Services can determine the nature and duration of the employment contract with the Employee
determine.
21.2 A12 Personnel Services concludes individual employment contracts with the Workers on the basis of Article 7:690
Civil Code and the Collective Labour Agreement. A12 Personnel Services may, in connection with the applicable
notification obligation to the Employee Client at least five weeks before the end of the
fixed-term employment contract request to indicate whether the Client intends to terminate the employment contract
to continue making the work available. The Client is then obliged to indicate within three days whether
wishes to continue the provision. Failure to inform A12 in a timely or correct manner
Personnel services result in the Client having to pay the costs associated with the compensation pursuant to Article 7:668
Civil Code must be reimbursed in full to A12 Personnel Services.
21.3 If the Client wishes to terminate the provision of a Worker, the Client must
The client must inform A12 Personeelsdiensten of this wish in writing, stating the
reason for termination and substantiation thereof.
21.4 If the reason for termination is a dispute with the Employee or a conflict situation, then
Client must inform A12 Personnel Services thereof in a timely manner. A12 Personnel Services will
then investigate whether the dispute or conflict situation can be resolved.
21.5 If the employment contract provides for a temporary employment clause, A12 Personnel Services, the Employee
and/or the Client not to observe a notice period for the first 26 weeks if they make the provision available
wish to terminate the agreement in the interim. After 26 weeks, the Client must observe a notice period of 10 days.
take, under penalty of payment of the rate for the number of days not observed.
21.6 If the employment contract of the Employee does not provide for a temporary employment clause, then there is a
employment contract for a fixed or indefinite period. If the Employee has a
fixed-term employment contract, the provision of services may be terminated in accordance with
of a notice period of 1 month. If the Employee has an employment contract for
indefinite period, the provision can be terminated with a notice period of 2
months. Until the end of the provision, the rate is multiplied by the agreed or
usual work pattern owed to A12 Personnel Services, regardless of whether the Worker
actually performed work.
ARTICLE 22. DIRECT EMPLOYMENT RELATIONSHIP
22.1 The Client is only entitled to make a claim within twelve months after the termination of a contract concluded by the Client.
to enter into an employment relationship with the worker concerned, if the
the conditions mentioned in this article are met.
22.2 The Client shall notify A12 Personeelsdiensten in a timely and written manner of its intention to
to enter into an employment relationship with a Worker, before carrying out this intention, one and the other
under penalty of a fine of € 25,000. The parties will then enter into consultation to meet the Client's wishes.
discuss.
22.3 If the Client wishes to enter into an employment relationship with a Worker who is available to him,
If the Client is informed, the Client will owe A12 Personeelsdiensten compensation in connection with the
provision, recruitment and (possibly) training of the Worker. A12 Personnel Services provides
only high-quality personnel available, which results in very high recruitment costs and ongoing
(training) costs. In addition, the provision of workers qualifies as the
raison d'être of A12 Personeelsdiensten. In this context, the Client is entitled to a (reasonable) compensation of € 10,000
owed to A12 Personnel Services if an employment relationship is entered into with a Worker
within 52 weeks after commencement of the work for the Client. After this period of 52 weeks,
The client owes A12 Personeelsdiensten a (reasonable) compensation of €5,000 if there is a
employment relationship is entered into with a Worker. After a period of 104 weeks, a Worker can
be taken over free of charge.
22.4 This article also applies if a Worker has been introduced to the Client, but
whereby the Worker ultimately did not perform any actual work or no assignment was concluded
arrived. The day on which the Worker is presented to the Client will then be considered the day on which the
activities have commenced, on the basis of which the compensation referred to in this article will be
calculated.
22.5 A different type of employment relationship as referred to in this article includes, among other things:
a. appointing as a civil servant;
b. the contract of assignment;
c. acceptance of work;
d. the provision of Workforce to the Client by a third party (for example a
other company) for the same or different work;
e. entering into any employment relationship by the Worker with a third party for the same or other work,
where the Client and that third party are affiliated in a group or one is a subsidiary
of the other, or if the Client has loaned out the Worker and the Worker
ultimately enters into an employment relationship with the third party to whom he is ultimately made available.
22.6 The Client is also prohibited from inducing Workers to enter into an employment contract or
to enter into a different type of employment relationship with another company, with the aim of
To hire workers through this other company.
22.7 If the Employee does not have a formal legal relationship with A12 Personnel Services, but is hired by A12
Personnel services is hired out and on-lent, then the Client agrees with the circumstance that the present
article can be directly invoked by the party with whom the Worker has a formal legal relationship
maintains (third party provision).
ARTICLE 23. SELECTION OF LABOR
23.1 During the term of the Agreement, A12 Personeelsdiensten is entitled to make a proposal to
replacement of the Worker, for example if the Worker is no longer able to perform work, then
in connection with a reorganization or redeployment obligation to be implemented.
23.2 A12 Personnel Services is not attributable to any shortcoming towards the Client and is not obliged to pay compensation.
of any damage or costs to the Client, if A12 Personeelsdiensten for any reason whatsoever
(replacement) Worker no longer, at least not (anymore) in the manner and to the extent as in the Agreement
or make available to the Client as agreed upon at a later date.
23.3 A12 Personnel Services will process non-function-related requests from the Client regarding the Worker,
more specifically, do not consider requests that could result in prohibited discrimination.
CHAPTER 3. PLACING ZZP'ERS
The provisions of Chapter 3 apply to the Worker who performs the work for the benefit of the
Client performs as self-employed person.
ARTICLE 24. COMMENCEMENT OF WORK BY SELF-EMPLOYED PERSON
24.1 The Agreement / placement of the self-employed person is concluded by (written) acceptance of the Client or
because A12 Personeelsdiensten actually places a self-employed person with the Client.
24.2 At the request of the Client, A12 Personeelsdiensten will provide an extract from the trade register of the Chamber of Commerce.
Provide the trade register and VAT number of the self-employed person. The client must provide this himself
to verify the identity of the self-employed person prior to carrying out the work and to comply with the relevant rules of
to comply with the GDPR.
ARTICLE 25. ACTIVITIES OF SELF-EMPLOYED PERSON
25.1 A12 Personnel Services may place a self-employed person with the Client, who must be deemed capable of performing the
to perform activities related to the Agreement independently and at its own discretion. HR Group
will indicate with each provision/placement whether the Worker is an employee (temporary worker) or
self-employed person will carry out the work.
25.2 A12 Personnel Services will conclude a contract of assignment with the self-employed person, which satisfies or is in accordance with
is in accordance with the model intervention agreement approved by the Tax Authorities (no.
90821.25537.3.0). The Client must comply with the provisions of the aforementioned model agreement
to act.
25.3 The self-employed person will exercise the care of a good contractor when carrying out the work and
guarantees that the work to be carried out will be carried out in a professional manner, as well as that the
results will meet the agreed specifications. If the work is not completed satisfactorily
If the Client performs the work, A12 Personeelsdiensten is not responsible for it.
The client must contact the self-employed person directly for this purpose. The self-employed person has his own responsibility
and is therefore fully responsible and, if necessary, liable to the Client for the manner in which the
work is being carried out.
25.4 The self-employed person will carry out the work by using his own
company resources/tools and/or materials (hereinafter referred to as: 'resources'). In the event that resources of
If the Client requires any assistance in carrying out the work, the costs thereof will be deemed to be borne by the Client.
already to be included in the rate.
25.5 The Agreement has been entered into with a view to the person of the self-employed person, on the basis of which the Employee in
principle is to perform the work himself. In the event of a long-term absence, the self-employed person can hire a competent
propose a replacement, after which the Client must agree to this, unless the Client has a justified
has reasons to refuse the replacement.
25.6 The self-employed person is free to determine the manner in which the work is performed within the framework of the work to be performed.
there is explicitly no employment law relationship of authority between the self-employed person on the one hand and A12
Personnel services and/or Client on the other hand. The Worker is nevertheless obliged to comply with
timely and responsible instructions from the Client regarding the outcome of the Agreement.
To the extent necessary for the execution of the work, coordination will take place with the Client
in case of cooperation with third parties, so that it will run optimally. If necessary for the
The self-employed person's activities are based on the working hours of the Client.
25.7 The self-employed person is explicitly not in an employment law relationship with A12 Personeelsdiensten and is not affiliated with it
known that there is no employment law relationship of authority with the Client. The self-employed person and
Clients are therefore obliged to shape the actual work situation (within which A12
Personnel services have no role to play), taking into account the following principles:
a. The Client is not authorized to direct and/or supervise the work of the self-employed person.
b. The Client is not entitled to conduct performance reviews with the self-employed person. Any consultation must be
to be focused exclusively on the results of the work.
c. The Client will not handle complaints from third parties about the work of the self-employed person and must
to refer these third parties to the self-employed person.
d. The Client will not provide any training/education for the self-employed person.
e. The client may not prevent the self-employed person from working for different clients at the same time.
25.8 The Client is obliged to immediately inform A12 Personeelsdiensten of any facts and/or
circumstances that could lead the Tax Authorities to conclude that there is no longer any question of
independence, including but not limited to a circumstance that is contrary to the provisions of Article 24.7
of these General Terms and Conditions.
25.9 A12 Personnel Services is not involved in the actual work that the self-employed person performs for the benefit of the
Client performs. Client indemnifies A12 Personeelsdiensten in this context against any possible
claim and/or damage related to costs, statutory interest, tax interest, as well as fines and
increases that are a result of an additional assessment of payroll taxes by the Tax Authorities on the basis of a
private law or fictitious employment relationship with regard to the deployment of the self-employed person.
ARTICLE 26. INVOICING
26.1 A12 Personnel Services will issue invoices to the Client based on the information provided by the Client and the
self-employed person approved (digital) time reporting forms.
26.2 A12 Personnel Services may decide to invoice the Client on the basis of the facts known to it and
circumstances. A12 Personnel Services will not do this until reasonable consultation has taken place with
Client has taken place.
26.3 If the self-employed person disputes the data on the time registration form, A12 Personeelsdiensten may reduce the number of
hours worked and other costs will be invoiced according to the statement of the self-employed person, unless the Client demonstrates that
the time reporting form is correct.
26.4 In the event of a discrepancy between a time registration form submitted to A12 Personnel Services and the time registration form submitted by
If the client retains a copy thereof, the copy submitted to A12 Personeelsdiensten shall be deemed correct,
unless the Client proves otherwise.
ARTICLE 27. TAKEOVER OF SELF-EMPLOYED PERSON
27.1 If the Client wishes to enter into or enters into an employment relationship with a self-employed person who is
is made available or proposed to the Client by A12 Personnel Services, then one and
other only permitted with the written consent of A12 Personeelsdiensten.
27.2 If the Client acts in violation of Article 27.1, the Client shall owe A12 a fine of €10,000.
Personnel services due, increased by a fine of € 1,000 for each day the violation continues
continues.
27.3 A different type of employment relationship as referred to in this article includes, among other things:
a. appointing as a civil servant;
b. the contract of assignment;
c. acceptance of work;
d. the provision or placement of Workers to the Client by a third party
(for example another company) for the same or different work;
e. entering into any employment relationship by the Worker with a third party for the same or another purpose
work, where the Client and that third party are affiliated in a group or where one party is affiliated
subsidiary of the other, or if the Client has loaned out the Worker
and the Worker ultimately enters into an employment relationship with the third party to whom he ultimately
has been made available.
ARTICLE 28. FINALLY
28.1 The content and scope of Article 17 applies accordingly to the self-employed person, if and to the extent required
tailored to the qualification of the employment relationship of the self-employed person.
28.2 The placement of a self-employed person can be terminated by the Client, taking into account a notice period.
of five (5) working days, unless a different notice period has been expressly agreed in the
order confirmation. During the notice period, the Client is obliged to inform the self-employed person in accordance with the
to have the work carried out in the usual working pattern and in accordance with the rate charged to A12
To continue to meet personnel services.
28.3 If the self-employed person legally qualifies as an employee / temporary worker, the provisions of Chapter 2 apply
apply in full and possibly retroactively to the Agreement.
CHAPTER 4. RECRUITMENT AND SELECTION
ARTICLE 29. CONDITIONS FOR RECRUITMENT AND SELECTION
29.1 A12 Personnel Services recruits and selects one or more candidates on behalf of the Client. Intention of
This assignment is to enter into an employment contract or other type of employment relationship (as set out
in Article 22 and/or 27), between the Client and a candidate.
29.2 A12 Personnel Services is completely free in the manner in which it presents the candidate to the Client.
selects. In this context, A12 Personeelsdiensten is not obliged to provide candidates with personal or business information.
to request references in order to gather information about employment history and/or personal history
of the candidate. Nor will A12 Personnel Services actively collect any information regarding the
Disability history and/or current medical condition of the candidate.
29.3 The Client is not entitled to use data in any way whatsoever without the permission of A12 Personeelsdiensten.
to pass on candidates to third parties or to propose candidates to third parties. If the Client requests a candidate from A12
Personnel Services introduces the nominated candidate within one year to another person, company or
institution, which results in an employment contract with that candidate, or another type of
employment relationship (as set out in Article 22 and/or 27), the Client will be obliged to pay the
compensation, as described in Article 22.
29.4 A12 Personnel Services does not guarantee the accuracy of the information provided by the candidate. A12
Personeelsdiensten is therefore not liable if it appears that the candidate provided the Client with incorrect and/or
has provided incomplete information.
29.5 A12 Personnel Services is not liable for any shortcomings and/or damage caused by a candidate,
in the broadest sense of the word, if a candidate nominated by A12 Personeeldiensten decides not to
to enter into an employment relationship with the Client or decides to enter into an employment relationship with the Client
to terminate (prematurely).
29.6 To prevent unlawful discrimination, in particular on the basis of religion or belief,
political opinion, sex, race, age, marital status, nationality or on any other grounds whatsoever, will require that
are made available to the candidate by the Client and are not related to the position,
are taken.
29.7 A12 Personeelsdiensten will make every effort to find a suitable candidate, but does not provide any guarantees.
regarding the suitability of the proposed candidate. The Client is responsible for checking
of the candidate's references (including checking for diplomas obtained and the like) and must inform itself
to convince the candidate of his/her suitability before hiring a candidate. A12
Personnel Services is not liable if the candidate does not appear to meet the requirements or expectations
from Client.
29.8 The Client undertakes to inform A12 Personeelsdiensten whether a proposed candidate has been
accepted or rejected, for example by means of a copy of the employment contract or a letter of rejection.
29.9 The candidate's entry into service as described in these General Terms and Conditions also includes:
the event that a candidate enters into employment within one year after introduction and/or, whether or not via third parties,
is in any way employed by the Client or an affiliated company, which also includes
to be understood as a company with which the Client maintains a business relationship.
29.10 If the assignment carried out by A12 Personeeldiensten results, either simultaneously or within one year after the
end thereof, to enter into an employment contract or other type of employment relationship (such as
set out in Article 22 and/or 27) with the Client or an affiliated company, with more candidates
than provided for in the assignment, regardless of the position, the Client is responsible for the compensation for recruitment and
selection is due for each employment contract entered into by him with a candidate, respectively
other type of employment relationship (as set out in Article 22 and/or 27).
29.11 If the assignment has been entered into on an exclusivity basis, the Client must refrain from
filling the vacancy through third parties.
ARTICLE 30. COMPENSATION FOR RECRUITMENT AND SELECTION
30.1 The compensation owed by the Client to A12 Personeelsdiensten consists of a predetermined
agreed percentage of the full-time gross annual salary offered to the candidate, whereby the gross
annual salary is calculated as the salary, plus holiday pay, thirteenth month, bonuses and other
emoluments. If there is a contractual relationship other than an employment contract, then under
the gross annual income should be understood as the expected annual turnover of the candidate.
30.2 In the event of Recruitment and Selection, the fee is only due if the recruitment and selection has led to
an employment contract or other type of employment relationship (as set out in Article 22 and/or 27).
30.3 Invoicing of the compensation in the event of Recruitment and Selection will take place as follows: i) 50% after signing the
employment contract, and ii) 50% after the expiry of the probationary period included in the employment contract. If there
if there is a different type of employment relationship where there is no probationary period, then 100% is immediately applied
charged from the fee.
30.4 If the employment contract ends within the probationary period, 50% of the compensation will not be paid.
Client charged. If the candidate rejoins the client after termination of the agreement
Client is employed, or another type of employment relationship is entered into (as set out in Article
22 and/or 27), the other 50% of the fee will still be charged to the Client.
30.5 In the event of Recruitment and Selection, any placement and production costs of advertisements, travel and
accommodation costs of the candidate and the costs of a psychological test, as well as any other pro memoria costs will be charged to the Client in advance, but after approval by the Client. The amount of
These costs depend (among other things) on the chosen medium and the frequency of placement.
Pigeons, November 2024