General Terms and Conditions
General Conditions Charlie works holding NV for the Posting of Temporary Employees 2019-02.
Table of Contents
- Article 1: Definitions
- Article 2: Scope
- Article 3: The Assignment and the Posting
- Article 4: Replacement and Availability
- Article 5: Employment relationship with the Temporary Employee
- Article 6: Right of Suspension
- Article 7: Working Procedure
- Article 8: Scope of Work and Working Hours
- Article 9: Company Closures and Compulsory Days Off
- Article 10: Position and Remuneration
- Article 11: Proper Management and Supervision
- Article 12: Posting Abroad
- Article 13: Employment Conditions
- Article 14: Client Liability
- Article 15: Client Rate
- Article 16: Time Registration
- Article 17: Obligation of best efforts and liability Charlie works
- Article 18: Intellectual and Industrial Property
- Article 19: Confidentiality
- Article 20: Billing and Payment
- Article 21: Special obligations with regard to identity and processing of personal data
- Article 22: Treatment of Temporary Employees
- Article 23: Obligations relating to the Posting of Workers by Intermediaries Act
- Article 24: Privacy
- Article 25: Applicable Law and Choice of Forum
Article 1 - Definitions
In these General Terms and Conditions, the following definitions apply:
1. Charlie works: all subsidiaries, Charlie works BV, Charlie works food BV, Charlie works project service BV and Charlie works temping BV that are part of the Charlie works holding NV that provides services based on an Assignment with the client.
2. Temporary Employee: any natural person who has entered into a temporary Employment Contract as referred to in Article 7: 690 of the Dutch Civil Code with a temporary employment agency to perform work for a third party under the direction and supervision of that third party.
3. Assignment: the agreement between a Client and Charlie works based on which a single Temporary Employee is made available by Charlie works to the Client, as referred to in paragraph 2 of this article, for the purpose of performing work, in return for payment of the Client Rates.
4. Client: any natural or legal person who is a Party to the Assignment in addition to Charlie Works.
5. Posting: the employment of a Temporary Employee in the context of an Assignment. The Posting starts at the moment the Temporary Employee starts the work. The Temporary Employee can be made available to several Clients.
6. Temporary Employment Clausethe written provision in the Employment Contract between Charlie works and the Temporary Employee and/or in the Collective Labour Agreement, meaning that the Employment Contract ends by operation of law because the Posting of the Temporary Employee by Charlie works to the Client ends at the request of the Client (Article 7: 691, paragraph 2 of the Dutch Civil Code).
7. Collective Labour Agreement: the Collective Labour Agreement for Temporary Employees, concluded between the ABU (General Union for Temporary Employment Agencies) on the one hand and relevant employee organisations on the other.
8. Client Rate: the rate payable by the Client to Charlie Works, excluding surcharges, reimbursements of expenses and VAT. The rate is calculated per hour.
9. Hirer's Remuneration: the Hirer's Remuneration as defined in the Collective Labour Agreement.
Article 2 - Scope
1. These General Terms and Conditions apply to all Assignments and other agreements between Charlie works and the Client, as well as to all legal acts that are aimed at the realisation thereof, including offers, proposals, offers and quotations.
2. Any purchase conditions or other conditions of the Client are not applicable and are explicitly rejected by Charlie works.
3. Agreements that deviate from these General Terms and Conditions only apply if agreed in writing and only apply to that Assignment.
Article 3 - The Assignment and the Posting
1. The Assignment is entered into for a fixed or indefinite term.
2. The fixed-term Assignment is the Assignment that is entered into:
- or for a fixed term;
- or for a definable term;
- or for a definable period that does not exceed a fixed term.
The fixed-term Assignment ends by operation of law by the expiry of the agreed term or by the occurrence of a predetermined objectively determinable event.
End of Assignment
3. The Assignment for an indefinite term ends by written cancellation with due observance of a cancellation period of 14 calendar days.
4. Each Assignment ends immediately due to cancellation at the time that one of the Parties cancels the Assignment because:
- the other Party is in default;
- the other Party is insolvent;
- the other Party was declared bankrupt or suspension of payment has been requested.
If Charlie works terminates the Agreement due to one of these grounds, a request of the Client to terminate the Posting is based on the actions of the Client on which such termination is based. This does not lead to any liability on the part of Charlie works for the damage suffered by the Client as a consequence. As a result of the cancellation, the claims of Charlie works will become immediately due and payable.
End of Posting
5. Termination of the Agreement means the end of the Posting. Termination of the Agreement by the Client means the request of the Client to the Charlie works to stop the current Posting at the date the Agreement terminates or has been legally dissolved.
6. If the Temporary Employment Clause applies between the Temporary Employee and Charlie works, the Posting of the Temporary Employee ends at the Client's request at the moment that the Temporary Employee reports that they are unable to perform the work due to incapacity/illness. In that case, the Client shall be deemed to have made this request. The Client will confirm this request in writing to Charlie works upon request.
7. The Posting will end by operation of law if and as soon as Charlie works can no longer make the Temporary Employee available, because the Employment Contract between Charlie works and the Temporary Employee has been terminated and this Employment Contract is not subsequently continued for the same Client.
Article 4 - Replacement and Availability
1. Charlie works is at all times entitled to replace a Temporary Employee made available. No permission from the Client is required for this. The Client will only refuse cooperation with regards to replacement on reasonable grounds. The Client will justify any refusal in writing.
2. Charlie works is not guilty of attributable failure towards the Client and is not liable to pay any damages or costs to the Client if the Charlie works, for any reason, cannot (or no longer) post a (replacement) Temporary Employee at least not in the manner and in the scope as agreed to under the Agreement or subsequently agreed to the Client.
Article 5 - Employment relationship with the Temporary Employee
1. The Client who intends to enter into an employment relationship with the Temporary Employment must inform Charlie works of this immediately in writing before this intention is implemented.
2. Entering into an employment relationship, as stipulated in Article 5, paragraph 1, entering into an Employment Contract, an Employment Contract, and/or an Assignment contract by the Client with the Temporary Employee.
3. The Client will not enter into an employment relationship with a Temporary Employee if and insofar as the employment agreement with Charlie works is not legally terminated.
4. In the event that a Client enters into an employment relationship with a Temporary Employee who has been made available to the Client who has worked for less than 2080 hours, they will owe Charlie works a fee. This fee is 25% of the most recent rate for 2080 hours minus the number of hours worked by Temporary Employees based on the Assignment at the client. This fee is increased with VAT.
5. If the Client enters into an employment relationship within 6 months of the end of the Posting, as stipulated in article 5 paragraph 2, the Client will owe a fee as specified in Article 5 paragraph 4. This also applies if the Client has approached the Temporary Employee directly or through a third party or the Temporary Employee has applied directly or through third parties to the client.
Article 6 - Right of Suspension
1 The Client is not entitled to temporarily suspend the employment of the Temporary Employee wholly or partially, except in the case of force majeure within the meaning of Article 6:75 of the Dutch Civil Code.
2. Contrary to paragraph 1 of this article, suspension shall be possible if:
- this has been agreed in writing and the term has been settled and;
- the Client demonstrates that temporarily there is no work available or the Temporary Employee cannot be posted and;
- Charlie works can successfully rely on exclusion from the continued payment obligation with regard to the Temporary Employee based on the Collective Labour Agreement.
Article 7 - Working Procedure
1. Before the commencement of the Assignment, the Client will provide Charlie works with the information required for the Assignment, including an accurate description of the position, job requirements, working hours, scope of work, work activities, work place, working conditions and the intended duration of the Assignment.
2. Charlie works will determine which (applicant) Temporary Employees it proposes to the Client for the execution of the Assignment, based on the information provided by the Client and the capacities known to it, the knowledge and skills of the (applicant) Temporary Employees who are eligible for Posting. The Client is entitled to reject the proposed (applicant) Temporary Employee, as a result of which the Posting of the proposed (applicant) Temporary Employee is cancelled.
3. Charlie works is not in default vis-à-vis the Client if the any contact between the Client and Charlie works prior to a potential Assignment, including a specific request from the Client to make a Temporary Employee available, for any reason, does not lead to the Posting of a Temporary Employee within the period required by the client.
4. If Charlie works, in the context of the fulfilment of its obligations under the law or the Collective Labour Agreement, requires information from the Client upon request, the Client will provide this information to Charlie works free of charge upon first request.
Article 8 - Scope of Work and Working Hours
1. The scope of work and the working hours of the Temporary Employee at the Client are laid down in the Assignment or agreed otherwise. The working hours, scope of work and breaks of the Temporary Employee are identical to the times and hours generally used at the Client's, unless otherwise agreed. The Client warrants that the working hours, breaks and scope of work of the Temporary Employee meet the legal requirements. The Client ensures that the Temporary Employee does not exceed the working hours permitted by law and the agreed scope of work, except for incidental overtime.
2. Holidays and leave of the Temporary Employee shall be governed by law and the Collective Labour Agreement.
Article 9 - Company Closures and Compulsory Days Off
1. Upon concluding the Assignment, the Client must inform Charlie works of any company closures and collective compulsory days off during the term of the Assignment, so that Charlie works can, if possible, make this circumstance part of the Employment Contract with the Temporary Employee. If an intention to establish a company closure and/or collective compulsory days off becomes known after entering into the Agreement, the Client must inform the Charlie works about this immediately after the announcement.
Article 10 - Position and Remuneration
1. Before the commencement of the Assignment, the Client will provide the description of the position to be performed by the Temporary Employee, the relevant pay grade and information on all elements of the Hirer's Remuneration (regarding amount and time: only if and to the extent known at that time) to Charlie works.
2. The remuneration of the Temporary Employee, including any fees and expenses, shall be determined in accordance with the Collective Labour Agreement (including the provisions regarding the Hirer's Remuneration) and the applicable laws and regulations, based on the job description provided by the Client.
3. If at any time it appears that the job description and relevant job do not correspond with the actual duties performed by the Temporary Employee, the Client shall immediately provide the correct job description and relevant pay grade. The remuneration of the Temporary Employee shall be reassessed in light of the new job description. The job description and/or pay grade can be adjusted during the Agreement if the Temporary Employee makes a reasonable claim for that adjustment based on on laws and regulations, the collective agreement and/or the Hirer's Remuneration. If the adjustment leads to a higher remuneration, Charlie works is entitled to correct the remuneration of the Temporary Employee and the Client Rate accordingly. The Client owes this adjusted rate to Charlie works from the moment that the Temporary Employee is entitled to the higher remuneration based on legislation and regulations and/or the Collective Labour Agreement.
4. The Client will inform Charlie works in a timely manner and in any event immediately after becoming aware of any changes to the Hirer's Remuneration and any established initial wage increases. This paragraph does not apply if and as long as the Temporary Employee is rewarded in accordance with the Collective Labour Agreement remuneration for the allocation group.
5. If and insofar as the Temporary Employee is rewarded in accordance with the ABU remuneration due to non-categorisation, the Client will inform Charlie works in a timely manner and in any case immediately upon becoming aware of a change in the client's job structure that results in the job performed by the Temporary Employee can or should have been classified in the job structure of the client. In that case, the remuneration and the Client Rate are adjusted in accordance with paragraph 3 of this article.
6. Compensation and allowances such as those for overtime, shift work or irregularity, on special times or days (including public holidays), unsociable hours and/or on-call or availability services are rewarded in accordance with the ABU-CLA and/or other applicable employment conditions schemes and are charged to the client.
Article 11 - Proper Management and Supervision
1. The Client will regard the Temporary Employee in exercising management and supervision as well as the actual performance of the work in the same careful manner as it is obliged to treat its own employees.
2. The Client is not permitted, subject to permission, to make the Temporary Employee available to a third party for the performance of activities under the management and supervision of this third party. Third Party is also understood to mean a (legal) person with whom the Client is associated in a group.
3. The Client can only employ the Temporary Employee in deviation from the provisions of the Assignment and the conditions, if Charlie works and the Temporary Employee have agreed this in writing in advance.
4. The Client shall pay the Temporary Employee for the any damage they may suffer as a result of damage or wear of their property used in the context of the assigned work.
5. Charlie works is not liable vis-à-vis the Client for damage to the client, third parties or the Temporary Employee itself that results from the Temporary Employee's acts or omissions. The Client indemnifies Charlie works in this regard against any claim that third parties or Temporary Employees have against Charlie works as an employer in respect of the damage determined in this paragraph and will reimburse all related costs reasonably incurred by Charlie works.
6. The Client shall, to the extent possible, take out adequate insurance against liability under the provisions of this article. The Client will provide proof of insurance upon request of Charlie works.
Article 12 - Posting Abroad
1. The Client will inform Charlie works at least 45 calendar days before the start of the intended Posting abroad so that Charlie works has sufficient time to request an A 1 statement.
2. For Posting abroad, written permission must always be obtained from Charlie Works and the Temporary Employee.
3. Posting of the Temporary Employee abroad by a Client established in the Netherlands is only possible for a limited period under the conditions that the Client has organised management and supervision. Posting abroad will always be done with due observance of the applicable laws and regulations of the country in question.
4. The Client will take out proper travel insurance. The Client will provide proof of insurance upon request of Charlie works.
Article 13 - Employment Conditions
1. The Client declares to be aware of the fact that it is considered to be an employer in accordance with the Working Conditions Act. The Client is liable to the Temporary Employee and Charlie works for the fulfilment of the obligations under Article 7:658 of the Dutch Civil Code, the Working Conditions Act and related statutory obligations in the field of workplace safety and good working conditions in general.
2. The Client is obliged to provide the Temporary Employee and Charlie works with written information about the professional qualifications required and the specific features of the job Posting, in a timely manner, and in any case one day before starting work. The Client shall actively inform the Temporary Employee regarding the Risk Assessment and Evaluation (RI&E) used within its company.
3. If the Temporary Employee suffers an industrial accident or work-related illness, the Client shall, if required by law, immediately notify the competent authorities and ensure that a written report is made immediately. The report shall describe the circumstances of the accident in such a way that reasonable assurance can be made whether and to what extent the accident is due to taking insufficient measures to prevent the accident or work-related illness. The Client shall notify Charlie works as soon as possible about the accident or work-related illness, submitting a copy of the relevant report.
4. The Client shall compensate the Temporary Employee for any damage that the Temporary Employee suffers in the context of the performance of their duties, if and insofar as the Client is liable for this on the grounds of Article 7:658 and/or Article 7:611 and/or Article 6:108 and/or Article 6:162 of the Dutch Civil Code. The Client indemnifies Charlie works against claims based on these provisions by the Temporary Employees or their surviving relatives on Charlie works.
5. The Client shall take out adequate insurance against liability under the provisions of this article. The Client will provide proof of insurance upon request of Charlie works.
Article 14 - Client Liability
1. The Client who does not fulfil or improperly fulfils the obligations arising from these General Terms and Conditions and the Agreements is obliged to compensate the resulting damages of Charlie works. The provisions of this article are generally applicable, both - if necessary additionally - with regard to subjects for which the obligation to pay compensation has already been arranged separately in these General Terms and Conditions, Assignments and/or other agreements and with regard to subjects for which this is not the case.
Article 15 - Client Rate
1. The Client Rate owed to Charlie works by the Client is calculated on the hours worked by the Temporary Employee and/or (if this number is higher) on the hours to which Charlie works is entitled under the General Terms and Conditions, Assignments and/or other agreements has and/or the allowances due by Charlie works to the Temporary Employee. The Client Rate plus the expense allowances that Charlie works owes to the Temporary Employee. VAT is charged on the Client Rate and expense allowances.
2. Charlie works is entitled to adjust the Client Rate during the term of the Assignment, if the costs of temporary employment increase:
- as a result of a change in the Collective Labour Agreement for Temporary Employees or the wages regulated in accordance with the CLA, or a change in the CLA and/or employment conditions scheme or the wages arranged for this at the client;
- as a result of changes in or as a result of legislation and regulations, including changes in or as a result of social and fiscal legislation and regulations, the Collective Labour Agreement for Temporary Employees or any binding regulation;
- as a result of (periodic) wage increase and/or a (one-off) payment obligation arising from the Collective Labour Agreement, the collective employment agreement applicable to the Client and/or employment conditions and/or legislation and regulations.
3. If the Client does not agree to payment of the adjusted Client Rate in accordance with paragraph 2 and/or article 10, this includes the client's request to terminate the Assignment.
4. Every adjustment of the Client Rate will be announced by Charlie works to the Client as soon as possible and confirmed in writing to the client.
5. If the remuneration of Temporary Employees is set too low, Charlie works is also entitled to determine the remuneration retroactively and to adjust and charge the Client Rate accordingly retroactively. Charlie works can also charge the Client with the remaining costs if the Client has paid too little as a result.
6. If the Temporary Employee reports at the agreed time and place to perform temporary work, but is not enabled by the Client to commence the temporary work, the Client is obliged to pay Charlie works the Client Rate calculated on three hours worked.
Article 16 - Time Registration
1. Time registration is done in the manner agreed with the Client with due observance of these General Terms and Conditions, Assignments and/or other agreements.
2. If no method of time registration has been agreed, the time registration will be done by means of time sheets approved in writing by the client. The Client and the Charlie works may agree for time registration to be done by means of a time registration system, an electronic and/or computer system or by means of statements prepared by of for the Client.
3. The Client is responsible for a correct and complete time registration and is obliged to see to it that the details of the Temporary Employee included therein are stated correctly and truthfully, such as: name of the Temporary Employee, the number of hours worked, overtime, irregular hours and shift work, any other hours for which the Client Rate is due pursuant to these General Terms and Conditions, Assignments and/or other agreements, any surcharges and any costs incurred.
4. If the Client provides the time sheets, it shall ensure that Charlie works receives the time sheets immediately following the week worked by the Temporary Employee. The Client is responsible for the way in which the time registration is delivered to Charlie works.
5. Before the Client provides the time sheets it must give the Temporary Employee the opportunity to check them. If and insofar as the Temporary Employee disputes the information in the time sheets, the Charlie works is entitled to determine the hours and costs in accordance with the statement of the Temporary Employee, unless the Client can prove that the details stated are correct.
6. If time registration is made on the time sheets provided by the Temporary Employee, the Client shall retain a copy of the time sheet. In the event of a discrepancy between the time sheet submitted by the Temporary Employee to Charlie works and the copy retained by the client, the time sheet submitted by the Temporary Employee to Charlie works applies as full proof, unless proof to the contrary is provided by the client.
Article 17 - Obligation of best efforts and liability Charlie works
1. Charlie works is obliged to make every effort to properly carry out the Assignment. If and insofar as Charlie works does not comply with this obligation, Charlie works is obliged to compensate the resulting damage to the Client in this regard to Charlie works, provided that the Client submits a written complaint as soon as possible, but no later than three months after the occurrence or the relevant damage becoming known, and demonstrating that the damage is the direct result of an attributable shortcoming on the part of Charlie works.
2. Any liability of Charlie works arising from the Assignment with regard to the Posting of a Temporary Employee is limited per event to the rate to be charged over the duration of the Assignment with a maximum of 3 months. This maximum is cancelled if there is intent or deliberate recklessness on the part of Charlie works, in which case the liability of Charlie works is limited to € 500,000 per event per year. A series of related events is deemed to be one event.
3. Charlie works is in all cases not liable for indirect damage, including lost profit, missed savings, damage due to business stagnation, damage due to loss or damage to data or damage to reputation.
Article 18 - Intellectual and Industrial Property
1. Charlie works will, at the request of the client, send a written statement to the Temporary Employee to ensure - to the extent necessary and possible - that all intellectual and industrial property rights accrued to the results of the Temporary Employee's activities are (will be) transferred to the client. If Charlie works owes the Temporary Employee a fee or has to incur other costs in this regard, the Client will owe Charlie works the same fee or costs.
2. The Client is free to enter an agreement directly with the Temporary Employee or to make them sign a statement in respect of the intellectual and industrial property rights referred to in paragraph 1 of this article. The Client will inform Charlie works of its intention to do so and will provide Charlie works with a copy of the agreement/statement drawn up in this regard.
3. Charlie works is not liable to the Client for any fine or penalty forfeited by a Temporary Employee or any damage suffered by the Client as a result of the Temporary Employee invoking any intellectual and/or industrial property.
Article 19 - Confidentiality
1. Charlie works and the Client will not provide third parties with confidential information from or about the other Party, their activities and business contacts which came to their knowledge following an Assignment, unless - and insofar - provision of such information is necessary to the proper performance of the Agreement or if any statutory obligation to disclose such information rests on the Parties.
2. At the request of the Client, Charlie works will oblige the Temporary Employee to confidentiality on any information which came to their knowledge or awareness whilst carrying out the work, except in case a legal obligation to disclose such information rests on the Temporary Employee.
3. The Client is free to oblige the Temporary Employee directly confidentiality. The Client will inform Charlie works of its intention to do so and will provide Charlie works with a copy of the agreement/statement drawn up in this regard.
4. Charlie works is not liable for a fine, periodic penalty payment or any damage suffered by the Client as a result of a Temporary Employee's breach of confidentiality.
Article 20 - Billing and Payment
1. Invoicing is based on the time registration method agreed with the client.
2. Before the Client provides the time sheets it must give the Temporary Employee the opportunity to check them. If and insofar as the Temporary Employee disputes the information on the time sheets, Charlie works is entitled to determine the hours and costs in accordance with information provided by the Temporary Employee, unless the Client can prove that the details stated are correct. At the request of Charlie works, the Client will provide access to the client's original time registration and provide a copy thereof.
3. Unless otherwise agreed in writing, invoicing is done weekly.
4. The Client is obliged at all times to pay every invoice from Charlie works within fourteen calendar days after the invoice date. The invoice is deemed to have been paid if the full amount owed has been received by Charlie works. Only payments to Charlie Works or a third party designated by Charlie Works in writing are deemed to fulfil payment obligations. If an invoice is not paid within the specified period, the Client will be legally in default from the first day after the payment period has expired.
5. If the Client disputes all or part of the invoice, it must notify Charlie works in writing within 30 calendar days of the invoice date, stating the reasons. After this period, the client's right to dispute the invoice expires. The burden of proof regarding timely dispute of the invoice rests on the client.
6. The Client is not authorised to sett off the invoice amount, irrespective of whether or not it disputes this, with a counterclaim, whether justified or not, and/or to suspend payment of the invoice.
7. All judicial and extrajudicial (collection) costs that Charlie works incurs as a result of the client's failure to fulfil its obligations under this article are borne entirely by the client. Compensation for extrajudicial costs is fixed at 15% of the principal sum due including VAT and interest (with a minimum of €250 per claim, unless Charlie works has demonstrably incurred more costs. This fixed compensation will be owed as soon as the Client is in default and chargeable without any further proof.
Article 21 - Special obligations with regard to identity and processing of personal data persoonsgegevens
1. The Client to whom a Temporary Employee is made available by Charlie works, will verify and establish the identity of the Temporary Employee in accordance with the applicable laws and regulations, including but not limited to the Foreign Nationals Employment Act (Wav), the Wage Tax Act and the Compulsory Identification Act. The Client will also comply with the administrative and retention obligations imposed on it.
2. With regard to foreign nationals, the Client expressly declares that it is familiar with the Foreign Nationals Employment Act, including, among other things, that the Client at the start of the work by a foreign national must receive a copy of the document referred to in Article 1 sub 1 to 3 of the Compulsory Identification Act from the relevant foreign national. The Client is responsible for thoroughly checking the aforementioned document and shall determine the identity of the foreigner based on this document and add a copy of the document to their records. Charlie works is not responsible or liable for any fine imposed on the Client in the context of the Foreign National Employment Act.
3. The Client explicitly declares that it is familiar with the applicable laws and regulations regarding the processing of personal data. Charlie works and the Client will enable each other to comply with the aforementioned legislation. The Client will in any case only use the personal data obtained through Charlie works for the purpose for which they were obtained, will not keep them for longer than permitted by law and regulations and will ensure adequate protection of this personal data.
Article 22 - Treatment of Temporary Employees
1. The Client and Charlie works shall not make a prohibited distinction based religion, beliefs, political affiliation, gender, race, nationality, sexual orientation, marital status, disability, chronic illness, age or any other reason. Client and Charlie works will only set requirements relevant to the position or take them into account when granting or performing the Assignment, and when selecting and dealing with Temporary Employees.
2. The Client is familiar with the Whistleblower Act and guarantees that the Temporary Employee will have access to the whistleblower policy in the same way as its own staff if the Client has such a policy or if it applies to it.
3. If the Client has a complaints procedure with regard to the treatment of employees, it will guarantee that the Temporary Employee will have access to this complaints procedure in the same way as its own staff. This only concerns complaints that do not concern employment by Charlie works, to the extent that there are no other legal obligations.
Article 23 - Obligations relating to the Posting of Workers by Intermediaries Act
1. The Client explicitly declares to know the contents of Article 8a of the Act on Posting of Workers by Intermediaries and allows the Temporary Employees to have equal access to the amenities or collective facilities in its business, especially canteen, childcare facilities and transport services, as its employed workers in equal or similar positions unless the difference in treatment is justified on objective grounds.
2. The Client explicitly declares to know the contents of Article 8b of the Act on Posting of Workers by Intermediaries and ensures that new vacancies within its company will be communicated clearly and on time to the Temporary Employees so that they have the same opportunities of a permanent Employment Contract as the company's own employees.
3. The Client expressly declares that it is explicitly familiar with Article 10 of the Act on Posting of Workers by Intermediaries. Charlie works is not permitted to make employees available to the Client or in the department of the client's company where there is a strike, lock-out or sit-down strike. The Client will inform Charlie works completely and on time about the intention, start, continuance or end of collective actions organised by the trade unions or impromptu actions, including but not limited to a strike, lock-out and sit-down strike. In the performance of its management and supervision of the Temporary Employee, the Client will explicitly not give any Assignments to the Temporary Employee, as a result of which Article 10 of the Act on Posting of Workers by Intermediaries will be violated. Such as, but not limited to, having Temporary Employees perform work that is normally performed by employees who are currently participating in the collective actions.
4. The Client expressly declares that it is explicitly familiar with Article 12 of the Act on Posting of Workers by Intermediaries. The Client will provide the temporary employment agency with timely and complete written or electronic information about the employment conditions before the commencement of the Posting and thereafter if necessary.
Article 24 - Privacy
1. In the context of the Assignment, the Client and Charlie Works exchange personal data with regard to (applicant) Temporary Employees and must treat this data with great care and confidentiality in accordance with the General Data Protection Regulation (GDPR) and related legislation and regulations. The Client will never demand information from Charlie works which it is not permitted to provide based on the applicable laws and regulations. The Client is responsible for processing the data provided to it by Charlie works.
2. The Client indemnifies Charlie works against any claim by (applicant) Temporary Employees of the Client or other third parties against Charlie works in connection with a violation by the Client of the provisions of this article. The Client will reimburse any associated costs incurred by Charlie Works.
Article 25 - Applicable Law and Choice of Forum
1. Dutch law applies to these General Terms and Conditions, Assignments and/or other agreements.
2. All disputes arising from or related to a legal relationship between the Parties will in the first instance be settled exclusively by the competent court of the district of The Hague, where the head office of Charlie works is located.
Article 26 - Final Provision
1. If one or more provisions of these General Terms and Conditions are invalid or destroyed, the remaining provisions in the General Terms and Conditions, Assignments and/or other agreements shall remain in force. The provisions that are not legally valid or cannot be legally applied will be replaced by provisions that are as close as possible in line with the scope of the provisions to be replaced.