Terms and conditions Fulljob Uitzendorganisatie B.V. in UDEN

Introduction:
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The temporary employment relationship

The temporary employment relationship has three parties: the client, the temporary worker and the temporary employment agency. To understand the relationship between the parties involved in a deployment, the following is important.The temporary employment contract between the temporary worker and the temporary employment agency is defined in Article 7:690 of the Civil Code. The essence of this definition is that the temporary employment contract is a special employment contract between the temporary employment agency and the temporary worker, in which the temporary worker is placed at the disposal of a client by the temporary employment agency in order to work under the management and supervision of that client. Thus, the temporary worker is formally employed by the temporary employment agency. There is a Collective Labor Agreement for Temporary Workers which regulates the legal status and working conditions of temporary workers.

The temporary worker is actually working for the client, but no contract exists between them. There are two formal relationships in temporary employment: the temporary employment contract between the temporary worker and the temporary employment agency on the one hand, and the assignment contract between the client and the temporary employment agency on the other. Since the temporary worker is actually working for the client, the client is responsible for instructions and guidance in the workplace. The principal must treat the temporary worker as (well) as its own personnel. The temporary employment agency is dependent on the principal in this respect. The temporary employment agency is an expert in the field of supplying temporary workers and in that context does its utmost to honor the wishes of clients as much as possible. However, the labor market is too fickle to guarantee that this is always successful. Moreover, the temporary employment agency is highly dependent on clients, the nature of the work and the wishes of temporary workers.

Before a posting is actually established, agreements must have been made about such matters as the position, the temporary worker to be posted, the duration of the assignment and the rate. The temporary employment agency will generally confirm these agreements to the principal in writing. The temporary employment agency's rate to be paid by the principal includes the costs (social insurance costs, etc.) of temporary work and an agency margin. Additional agreements may also be made regarding the reimbursement of costs to the temporary worker, such as travel expenses.

The temporary worker declares his hours to the staffing company, through online registration. The client must approve these completed hours, so that the employment agency knows that the hours have been completed correctly and that wages can be paid to the temporary worker. Using the same worksheet, the staffing company then sends an invoice to the client.

General conditions:
The specific nature of the temporary employment relationship (which differs substantially, for example, from the delivery of goods or the hiring of work) leads to the need to regulate a number of matters in an appropriate manner. In this regard, the Algemene Bond Uitzendondernemingen (ABU) has taken the initiative to have general terms and conditions drawn up. Fulljob Uitzendorganisatie B.V. also uses these general terms and conditions when supplying temporary workers.

The main topics of the general terms and conditions are briefly explained below. No rights may be derived from this summary. Only the integral text of the following general terms and conditions for the supply of temporary workers is decisive.

Duration of the assignment:
Fulljob Uitzendorganisatie B.V. coordinates the duration of the assignment with the client to the best of its ability. There are two possibilities: An assignment for a fixed period of time ('for a definite period of time'); in which case it is not possible to deviate from the agreed period, unless it is expressly agreed that this can be done; in which case a notice period applies. An assignment for a flexible period ('for an indefinite period of time'); in this case, it is always possible to terminate with due observance of a notice period, unless that possibility is explicitly excluded. Fulljob Uitzendorganisatie B.V. reserves the right to replace the temporary worker or to terminate the assignment if there are good reasons to do so, for example if the temporary employment contract with the temporary worker ends or if the client does not pay the invoices on time.

Liability:
‍The temporary employment agency is dependent on the principal for a number of (legal) obligations arising from the formal employer role. Consider, for example, the termination of the posting 'at the principal's request' and rules regarding working hours. The temporary employment agency must be able to count on the client's cooperation, where necessary, and be able to hold him accountable if costs arise from his failure to comply. The management and supervision of the temporary worker's work and the working conditions lie with the principal. The temporary employment agency has no influence on this. This entails, that the principal is responsible for this work and for safety in the workplace. As far as safety is concerned, for example, the Working Conditions Act stipulates that the client is to be regarded as an “employer” within the meaning of that Act. As an extension of these responsibilities, the principal is also liable if damage occurs and it indemnifies the temporary employment agency in this regard. The principal is therefore advised to check its insurance policy in this respect.

Payment:
The temporary employment agency, after receiving the work slips, pays the wages to the temporary workers. Then the invoice is prepared for the client. To control the cost of this pre-payment, the temporary employment agency has a payment period of fourteen days. In case of late payment, the client will owe interest and any collection costs.

Hiring a temporary worker:
The business activity of the temporary employment agency is to supply temporary workers to clients who have a temporary need for staff. The temporary employment agency constantly makes investments - in time and money - to recruit and retain temporary workers in order to make them deployable or keep them deployable. This is only possible if temporary workers can then actually be made available for some time at the applicable rates. That is why the conditions stipulate that the principal may not employ the temporary worker itself as long as the temporary worker is still employed by the temporary employment agency and as long as the assignment is still in progress. And that in many cases the principal still owes a fee to the temporary employment agency if it hires the temporary worker as soon as it is permitted to do so.

General conditions for the provision of temporary workers

Article 1
Applicability:
These general terms and conditions apply to all offers, assignments and agreements of Fulljob Uitzendorganisatie B.V. insofar as they relate to the supply of temporary workers to clients as described in Article 7:690 of the Dutch Civil Code. Any stipulations and agreements which deviate from these general terms and conditions are only legally valid if and insofar as Fulljob Uitzendorganisatie B.V. has confirmed this deviation in writing.

Article 2
Definitions:
In these general terms and conditions the following definitions apply:

Assignment: the agreement between the client and Fulljob Uitzendorganisatie B.V. on the basis of which (and insofar as in each case) a single temporary worker is placed at the disposal of the client by Fulljob Uitzendorganisatie B.V. - including the agreement which is continued by the placement of a substitute temporary worker - in order to perform work under the client's supervision and management, such against payment of the client rate. Posting: The employment of a temporary employee in the context of an assignment.

Temporary employment clause: the provision in the temporary employment contract between Fulljob Uitzendorganisatie B.V. and the temporary worker, which stipulates that the temporary employment contract will end by operation of law when the posting of the temporary worker by Fulljob Uitzendorganisatie B.V. to the client ends at the client's request (Article 7:691 paragraph 2 of the Dutch Civil Code). Client rate: the amount that the temporary employment agency charges the client per hour for a temporary worker, as agreed and possibly subsequently adjusted in accordance with the assignment and/or these general terms and conditions. Collective Labour Agreement for Temporary Employees: the collective labour agreement for temporary employees concluded between the Algemene Bond Uitzendondernemingen (ABU) on the one hand and FNV Bondgenoten, Dienstenbond CNV and De Unie on the other hand.

Introduction to Article 3
The assignment contract between the client and Fulljob Uitzendorganisatie B.V. must be distinguished from the actual posting of an individual temporary worker. If the assignment ends, the posting also ends. But if the actual placement of a particular temporary worker ends for whatever reason, this does not automatically mean the end of the assignment in all cases. Within the assignment it can be agreed that Fulljob Uitzendorganisatie B.V., at the end of the posting of a particular temporary worker, will make an effort to provide a replacement for the remaining duration of the assignment. The assignment will continue until it is validly terminated by operation of law or by notice of termination or dissolution. If a temporary employee is temporarily unable to work, the need for a replacement may be discussed. After the end of the impediment - such as recovery from illness - the original temporary worker returns in principle.

Article 3
Dedication, provision and replacement.
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The contract is entered into for a definite period or indefinitely.

A: The assignment for a fixed period
The assignment for a fixed period is the assignment that is entered into: Either for a fixed period; i.e. for a previously determined calendar period or for a period that ends on a previously determined date, Or for a definable period; i.e. for a period that ends because an objectively determinable event occurs (an event independent of the will of the client, the temporary worker and Fulljob Uitzendorganisatie B. V.; here several events may be defined, on the understanding that the assignment ends by the occurrence of one of the separate events, Or for a definable period that does not exceed a fixed period. The assignment for a definite period shall end by operation of law at the end of the period for which it was entered into. The assignment for a definite period cannot be terminated prematurely, unless otherwise agreed in writing. If the possibility of premature termination has been agreed upon, the termination must be in writing with due observance of a notice period of at least fourteen calendar days.
B: The indefinite assignment
The indefinite assignment is the assignment that is not entered into for a definite period. The assignment for an indefinite period of time may be terminated at any time by giving notice, unless otherwise agreed in writing. Notice of termination must be given in writing with due observance of a notice period of fourteen calendar days. Provisions applicable to all assignments The right of (premature) termination may be subject to further conditions and/or to further or different other terms in writing. The client bears the burden of proof that timely notice of termination has been given. Each assignment will end by operation of law if (and at the time that) the temporary employment contract between Fulljob Uitzendorganisatie B.V. and the temporary worker has ended and this temporary employment contract is not subsequently continued for the same client. Each assignment ends immediately due to dissolution at the time that either party invokes the dissolution of the assignment because the other party is in default, has been declared bankrupt or has applied for suspension of payment. If Fulljob Uitzendorganisatie B.V. invokes the dissolution on one of these grounds, the conduct of the client on which the dissolution is based implies the request of the client to

C: Provisions applicable to all assignments
‍The right of (premature) termination may be subject to further conditions and/or to further or different other terms in writing. The client has the burden of proof that timely notice of termination has been given. Every assignment ends by operation of law if (and at the time that) the temporary employment contract between Fulljob Uitzendorganisatie B.V. and the temporary worker has ended and this temporary employment contract is not subsequently continued for the same client. Each assignment ends immediately due to dissolution at the time that either party invokes the dissolution of the assignment because the other party is in default, is declared bankrupt or has applied for suspension of payment. If Fulljob Uitzendorganisatie B.V. invokes the dissolution on one of these grounds, the client's conduct on which the dissolution is based implies the client's request to terminate the posting.

D: The posting
The end of the assignment means the end of the posting. Termination of the assignment by the client implies the request of the client to Fulljob Uitzendorganisatie B.V. to terminate the current placement(s) by the date on which the assignment has been legally terminated or the date on which the assignment has been legally dissolved. If the agency work employment contract between the temporary worker and Fulljob Uitzendorganisatie B.V. contains the agency clause, the placement will end at the request of the client at the time that the temporary worker reports that he or she is unable to perform the agency work due to illness or accident. Insofar as necessary, the principal shall be deemed to have made this request. If requested, the client shall confirm this request to Fulljob Uitzendorganisatie B.V. in writing. The client is entitled during the term of an assignment to request Fulljob Uitzendorganisatie B.V. in writing to terminate a posting for a reason other than that referred to in the previous paragraph, provided that this has been agreed in writing with the assignment. The client will observe a term of at least fourteen calendar days for such a request. If requested, the client shall confirm this request in writing to Fulljob Uitzendorganisatie B.V.

E: Replacement
Fulljob Uitzendorganisatie B.V. is entitled, upon termination of the posting during the term of the assignment, to provide a replacement temporary worker for the remaining term of the assignment, provided this was agreed in writing at the time of the assignment. If the agency work employment contract between Fulljob Uitzendorganisatie B.V. and the temporary worker does not contain the agency clause, the client and Fulljob Uitzendorganisatie B.V. may, in the event of temporary inability of the temporary worker to perform the agency work - such as illness - further agree that Fulljob Uitzendorganisatie B.V. will temporarily provide a replacement temporary worker. In that case the posting of the replacement temporary worker shall end at the principal's request as soon as the temporary absence of the original temporary worker has ended and the posting of the original temporary worker shall be resumed, unless the parties agree otherwise in writing. Fulljob Uitzendorganisatie B.V. is at all times entitled to make a proposal to the client for the replacement of a temporary worker who has been made available by another temporary worker while continuing the assignment, this with a view to the company policy or personnel policy of Fulljob Uitzendorganisatie B.V., the preservation of employment or compliance with applicable laws and regulations, in particular the dismissal directive for the temporary employment sector. The client will only reject such a proposal on reasonable grounds. If requested, the client will confirm any rejection in writing. Fulljob Uitzendorganisatie B.V. will not be guilty of an attributable shortcoming towards the client if Fulljob Uitzendorganisatie B.V. is allowed to replace or reinstate a temporary worker, but fails to replace or reinstate him for whatever reason. In that case the client is also not obliged to pay the client rate, unless the cause for the replacement or reinstatement of the temporary worker is attributable to the client.

Explanation Article 3e
Paragraph 4The client owes Fulljob Uitzendorganisatie B.V. the client rate for the hours according to the assignment (see also Article 12a). If Fulljob Uitzendorganisatie B.V. no longer supplies the temporary worker and does not replace him, in principle the client does not have to pay Fulljob Uitzendorganisatie B.V. However, if Fulljob Uitzendorganisatie B.V. is forced to do so for a reason for which the client is responsible - such as unsafe working conditions or ‘undesirable behavior’ towards the temporary worker - Fulljob Uitzendorganisatie B.V. is entitled to (continue to) charge the client rate for the remaining duration of the assignment.

Article 4 Entering into an employment relationship with a temporary worker
For the purposes of this article, entering into an employment relationship with a temporary worker means: The principal's entering into an employment contract, a contract for the provision of work and/or a contract for professional services with the temporary employee; Having the temporary employee in question posted to the principal by a third party (for example another temporary employment agency);Entering into an employment relationship by the temporary employee with a third party, in which the principal and that third party are affiliated in a group (as referred to in Section 2:24b of the Dutch Civil Code) or one is a subsidiary of the other (as referred to in Section 2:24a of the Dutch Civil Code). For the purposes of the provisions of this article, temporary employee also means: The (prospective) temporary worker who is registered with Fulljob Uitzendorganisatie B.V.; The (prospective) temporary worker who has been introduced to the client; The temporary worker whose posting ended less than three months before entering into the employment relationship with the client. The principal is only entitled to enter into an employment relationship with a temporary employee if and insofar as the following provisions of this article are met.

The client shall inform Fulljob Uitzendorganisatie B.V. in writing of its intention to enter into an employment relationship with the temporary worker before implementing that intention. The client shall not enter into an employment relationship with the temporary worker if and insofar as the temporary worker cannot validly terminate or has terminated the employment contract with Fulljob Uitzendorganisatie B.V., and if and insofar as the client cannot validly terminate or has terminated the assignment with Fulljob Uitzendorganisatie B.V. If the client enters into an employment relationship with the temporary worker for the same or a different position within a period of six months after commencement of the posting, in accordance with the provisions in subsections c. to e. above, the client shall owe Fulljob Uitzendorganisatie B.V. the following fee: If the employment relationship with the temporary worker commences before the posting has lasted ten worked weeks: a fee of 20 percent of the most recently prevailing client rate for the temporary worker concerned over a period of six months; If the employment relationship with the temporary worker commences after the posting has lasted ten worked weeks but before the posting has lasted nineteen worked weeks: A fee in the amount of 15 percent of the most recently applicable client rate for the temporary worker concerned over a period of six months; If the employment relationship with the temporary worker commences after the posting has lasted nineteen weeks worked but before the posting has lasted twenty-seven weeks worked: a fee in the amount of 10 percent of the most recently applicable client rate for the temporary worker concerned over a period of six months.

For the purposes of this article, “weeks worked” shall mean: weeks in which the temporary worker worked for the principal in the context of the assignment. The principal will also owe the fee referred to in this paragraph if the temporary employee applies for a job with the principal directly or through third parties within three months after the posting with the principal has ended, or if the principal approaches the temporary employee directly or through third parties within three months after the posting with the principal has ended and the principal enters into an employment relationship with the temporary employee in question as a result.
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If a temporary worker is introduced to a potential client through the mediation of Fulljob Uitzendorganisatie B.V. and this potential client enters into an employment relationship with this temporary worker for the same or another position before the placement is realised, this potential client shall owe a compensation of 20 percent of the client rate, which would have applied to the temporary worker concerned over a period of six months, if the placement had been realised. The client always owes this fee if the client has come into contact with the temporary worker in the first instance through the intervention of Fulljob Uitzendorganisatie B.V.. Even if the temporary worker applies for a job with the client directly or through third parties within three months after the contact was established, or if the client approaches the temporary worker directly or through third parties within three months after the contact was established, and as a result thereof enters into an employment relationship with the temporary worker in question, the client shall be liable to pay the fee as stated in the first sentence of this paragraph.

If the client enters into an employment relationship with the temporary worker during an assignment which can be terminated prematurely, the client shall be entitled to decide not to observe the notice period agreed pursuant to the assignment. In that case, however, the client is obliged to compensate the damage suffered by Fulljob Uitzendorganisatie B.V. as a result. This damage will be fixed at 30 percent of the client rate over the non-observed notice period for the assignment in question. In addition, Client must pay the compensation referred to in paragraph f. of this article, insofar as applicable. If the Client enters into an employment relationship with the temporary worker during an assignment that cannot be terminated prematurely, the Client shall be required to pay the agreed client rate for the temporary worker in question for the remainder of the assignment.
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In addition, the client shall pay the fee mentioned in paragraph f. of this article, insofar as applicable. The client rate, as mentioned several times in this article, shall be calculated over the most recent or usual number of hours or overtime hours per period (week, month, etc.) pursuant to the assignment and the terms and conditions, as if the assignment had come about or not ended respectively, with a minimum of 20 hours per week. The provisions of article 16 of these general terms and conditions shall also apply to the fees charged under article 4.
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Article 5 Prohibition or conditions of suspension of employment of temporary workers
‍The principal is not entitled to temporarily suspend the employment of the temporary worker unless otherwise agreed in writing. If it has been agreed that the principal is entitled to temporarily suspend the employment while maintaining the assignment and he temporarily has no work or is temporarily unable to employ the temporary worker, the principal will not be required to pay the principal's rate for the duration of that suspension, provided that the principal, at the request of Fulljob Uitzendorganisatie B. V., demonstrates that there is temporarily no work available or that the temporary worker cannot be employed. V. that there is temporarily no work available or that the temporary worker cannot be deployed and Fulljob Uitzendorganisatie B.V. can successfully invoke the exclusion of the continued payment of wages obligation on the grounds of the collective agreement for temporary workers. If the client is not entitled to temporarily suspend the employment, but the client temporarily does not have any work for the temporary worker or is unable to employ the temporary worker, the client is obliged for the duration of the assignment to pay Fulljob Uitzendorganisatie B.V. the client rate for the most recent or usual number of hours and overtime hours per period (week, month, etc.) in accordance with the assignment.

‍Article 6 Function and Working Hours
‍Upon assignment, the client shall provide a description of the position to be performed by the temporary worker. If at any time it appears that this job description does not correspond with the duties actually carried out, the client shall immediately provide Fulljob Uitzendorganisatie B.V. with the correct job description, without prejudice to the provisions in Articles 12 and 17. The position, as indicated above, may be adjusted during the assignment if the temporary worker can reasonably claim such adjustment based on good employer practices, future legislation or regulations, the Collective Labor Agreement (CLA) for Temporary Workers, or case law.The working hours, number of hours, and rest periods for the temporary worker shall be the same as those customary for the client, unless otherwise agreed upon at the time of assignment. These shall not exceed or fall short of what is legally permitted for the client. Overtime is defined as work performed in excess of the customary working hours per day or week in the relevant sector or the hours set by schedule or roster.The temporary worker’s holidays and special leave shall be arranged in accordance with the law and the CLA for Temporary Workers.The client is obliged to inform Fulljob Uitzendorganisatie B.V. of any company closures at the time of assignment – and if not foreseeable, as soon as possible – in such a timely manner that Fulljob Uitzendorganisatie B.V. can adjust the employment relationship accordingly.

‍Article 7 Employee Participation and Temporary Work
‍The client shall allow any temporary worker who is a member of the works council of Fulljob Uitzendorganisatie B.V. or the client to exercise their participation rights in accordance with the Dutch Works Councils Act.If a temporary worker exercises participation rights within the client's organization, the client must pay the client rate for the hours during which such activities are carried out during working hours. If the temporary worker engages in works council activities for Fulljob Uitzendorganisatie B.V. during working hours, the client is not liable to pay the client rate for those hours.

‍Article 8 Assignment and Selection
‍The client shall provide Fulljob Uitzendorganisatie B.V. with accurate details about the position, working hours, job location, duties, and working conditions related to the temporary worker, as well as the expected duration of the assignment. Based on this information, Fulljob Uitzendorganisatie B.V. will match the assignment with suitable temporary workers based on their qualifications, capabilities, and availability. Within this framework, Fulljob Uitzendorganisatie B.V. is entirely free to select the temporary worker for the assignment.

‍Article 9 Proper Supervision and Good Client PracticesThe client shall treat the temporary worker with the same due care as it does its own employees in regard to supervision and execution of work. The client may not “lend” the temporary worker to third parties, meaning that the temporary worker may not be assigned to work under the supervision or direction of a third party, including affiliated companies as defined in Article 7:691(6) of the Dutch Civil Code.Deviation from the agreed terms and assignment is only allowed with prior written consent from both Fulljob Uitzendorganisatie B.V. and the temporary worker. Assignments abroad are only possible if agreed in writing and with written consent of the temporary worker.

‍Article 10 Safety Guarantee and Indemnification
‍The client must ensure that the premises, tools, and equipment used by the temporary worker are safe and maintained in such a way that no damage is caused during the execution of duties. The client is aware of Article 7:658 of the Civil Code (particularly paragraph 4) and the obligations under the Dutch Working Conditions Act with respect to temporary workers.The client indemnifies Fulljob Uitzendorganisatie B.V. from any claims based on the aforementioned provisions.The client must provide Fulljob Uitzendorganisatie B.V. and the temporary worker, prior to commencement of the assignment, with information about the required qualifications and a document outlining the characteristics of the work location. In case of a workplace accident or occupational disease, the client shall immediately notify the authorities and ensure that a detailed report is made.The client must compensate the temporary worker for all damages (including legal fees) suffered during work, unless the client proves that all legal obligations were fully met or that the damage was mainly due to intent or willful recklessness of the temporary worker.If the accident results in death, the client must compensate the surviving relatives as specified in Article 6:108 of the Dutch Civil Code.

‍Explanatory Note to Article 10
The client is considered an “employer” under the Working Conditions Act and must comply with its regulations, including providing instructions and personal protective equipment. Before the assignment begins, the client must provide an occupational safety document to Fulljob Uitzendorganisatie B.V., which will then forward it to the temporary worker. Under Article 7:658(4) of the Civil Code, the temporary worker can hold the client directly liable for work-related accidents, which is logical as the worker is under the client's supervision.

‍Article 11 Special Exclusion of Liability and Indemnification
‍Fulljob Uitzendorganisatie B.V. is not liable for any damages or losses caused by temporary workers to the client or third parties. It is also not liable for obligations entered into by the temporary workers with the client or third parties, with or without consent.The client indemnifies Fulljob Uitzendorganisatie B.V. against any liability (including legal fees) arising directly or indirectly from such damages or obligations. The client must adequately insure themselves against these liabilities.

‍Article 12 Hourly Wage and Client Rate
‍The client owes Fulljob Uitzendorganisatie B.V. the agreed client rate, including any applicable surcharges, for all hours worked as per the assignment terms. The hourly wage for the temporary worker is set at a minimum in accordance with applicable legislation and the CLA, based on the job description provided.If it is found that the actual work warrants a higher hourly wage, Fulljob Uitzendorganisatie B.V. will adjust both the wage and the client rate retroactively.If the job changes to one with a lower classification, the hourly wage and client rate remain unchanged unless a new agreement is made in writing. When a temporary worker is replaced, a new wage and rate are determined for the replacement.

‍Article 13 Adjustment of the Client Rate
‍Fulljob Uitzendorganisatie B.V. is entitled to adjust the client rate during the assignment if the temporary worker’s wage increases, or if mandatory payments are due. Rate increases may also apply due to changes in the CLA, labor laws, or general cost increases related to temporary work.If due to the client’s fault the wage or rate was set too low, Fulljob Uitzendorganisatie B.V. may retroactively correct this and charge the client for any resulting underpayments or additional costs.

‍Article 14 Special Minimum Payment Obligations
‍If the temporary worker reports for work but is not allowed to begin or if the agreed assignment is for less than 15 hours per week without fixed hours, the client must pay Fulljob Uitzendorganisatie B.V. the client rate for at least three hours per call, in addition to any other applicable obligations.

‍Article 15 Invoicing Based on Time Sheets
‍Invoices are based on time sheets signed by the client. The client guarantees the correctness of recorded hours and reimbursable expenses. The client must retain a signed copy for their records.In the event of discrepancies, the time sheet submitted to Fulljob Uitzendorganisatie B.V. serves as binding evidence. If the temporary worker disputes the hours and the client has not fulfilled their obligations, Fulljob Uitzendorganisatie B.V. may:Assume full weekly working hours as per the client's own employees; orAccept the hours reported by the temporary worker unless the client can prove otherwise.

Article 16 Payment and Consequences of Default
The client is at all times obliged to pay any invoice submitted by Fulljob Uitzendorganisatie B.V. within fourteen calendar days from the invoice date. If an invoice is not paid within this period, the client is automatically in default, without any notice of default being required, and owes interest at a rate of 1 percent per month, with part of a month being counted as a full month. The client is not permitted to suspend payment or apply any set-off. Only payments made directly to Fulljob Uitzendorganisatie B.V. or to a third party designated in writing by Fulljob Uitzendorganisatie B.V. shall have a discharging effect. Payments made to temporary workers or advances given to them are not binding and can never serve as grounds for debt settlement or set-off. The carbon copy or photocopy of the invoice sent by Fulljob Uitzendorganisatie B.V. held by Fulljob Uitzendorganisatie B.V. shall constitute conclusive evidence of the interest due and the date on which interest calculation begins.Complaints regarding any invoice must be submitted in writing to Fulljob Uitzendorganisatie B.V. within ten calendar days from the invoice date; after this period, the client’s right to complain lapses. If a complaint is submitted, the client may not invoke suspension of the payment obligation or set-off. All collection costs are entirely at the expense of the client. The compensation for extrajudicial collection costs is fixed at 15 percent of the principal sum due including interest, with a minimum of €100 per claim.This compensation will be charged without the need for any further proof and will be owed by the client as soon as legal assistance has been sought by Fulljob Uitzendorganisatie B.V. or by the third party entitled to the payment, or if the claim has been handed over for collection.

‍Article 17 General Compensation for Damages
The client who fails to fulfill the obligations arising from these general terms and conditions, in particular the obligations described in Articles 3, 4, 6, 7, 9, 10, 11, 15, and 20, is liable for all resulting damages incurred by Fulljob Uitzendorganisatie B.V. (including all costs, including legal fees), without the need for prior notice of default, and must indemnify Fulljob Uitzendorganisatie B.V. where necessary. This does not affect Fulljob Uitzendorganisatie B.V.'s right to pursue other claims, such as specific performance or to take other legal action, including termination. The provisions of this article apply generally and supplementarily to subjects for which the obligation to pay damages is already separately regulated in these general terms and conditions, as well as to subjects for which it is not. The provisions of this article shall never affect the obligations arising from Article 4.

‍Explanation to Article 17:
The client has several important (employer-related) obligations under the law, the assignment, and these general terms and conditions towards both the temporary worker and the employment agency. The agency relies on the client to fulfill certain employer obligations. If the client fails to meet their obligations to the agency, and as a result, the agency cannot meet its obligations to the temporary worker, the agency must be able to hold the client accountable.

‍Article 18 Prevention of Unlawful Discrimination
To prevent unlawful discrimination, particularly based on religion, beliefs, political affiliation, gender, race, or any other ground, the client may not impose non job-related requirements when providing information about the temporary work to be performed. Fulljob Uitzendorganisatie B.V. will also not consider such requirements.

‍Article 19 Liability of Fulljob Uitzendorganisatie B.V.
Fulljob Uitzendorganisatie B.V. is obliged, as a good contractor, to make every effort to properly execute the assignment. If and insofar as Fulljob Uitzendorganisatie B.V. fails to meet this obligation, it shall, subject to the provisions of paragraph c. below, be liable for direct damages suffered by the client, provided the client submits a written complaint to Fulljob Uitzendorganisatie B.V. as soon as possible, but no later than three months after the occurrence or discovery of the damage, and proves that the damage is a direct result of an attributable shortcoming by Fulljob Uitzendorganisatie B.V.Fulljob Uitzendorganisatie B.V. shall not be liable for damages resulting from the incorrect selection of a temporary worker unless the client submits a written complaint within seven calendar days after the start of the assignment and proves that the incorrect selection was the direct result of intent or deliberate recklessness by Fulljob Uitzendorganisatie B.V.Any liability and/or obligation of Fulljob Uitzendorganisatie B.V. to compensate damages of the client, whether under these general terms and conditions or otherwise, is limited to a maximum of 20 percent of the client rate applicable to the temporary worker under the assignment for the intended duration of the assignment, with a maximum of 26 weeks. This limitation does not apply in the event of intent or deliberate recklessness on the part of Fulljob Uitzendorganisatie B.V. Fulljob Uitzendorganisatie B.V. is not liable for indirect damage, including consequential damages, lost profits, missed savings, and business interruption. Fulljob Uitzendorganisatie B.V. is in any case not liable and not obliged to compensate any damage if:Fulljob Uitzendorganisatie B.V. does not process a client’s request to assign a temporary worker;Contact between the client and Fulljob Uitzendorganisatie B.V. prior to a potential assignment, including a specific request by the client to assign a temporary worker, does not lead to an actual assignment;Fulljob Uitzendorganisatie B.V., for any reason, cannot (continue to) provide the temporary worker in accordance with the assignment.

‍Explanation to Article 19:
Due to the nature of temporary staffing—placing people—there is a so-called “best-efforts obligation.” This means that while Fulljob does not guarantee results, it must make reasonable efforts to fulfill the assignment. If it fails to do so, the agency may be liable for resulting damages. However, this liability is limited to a certain maximum unless there is proven intent or gross negligence. Liability is excluded in certain situations, such as failure to fulfill a request or if a temporary worker chooses not to continue. The client must submit a written complaint within the specified period to enable proper investigation and response. Complaints outside the period cannot lead to liability.

‍Article 20a Foreign Nationals Employment Act
The client to whom a foreign national is made available by Fulljob Uitzendorganisatie B.V. expressly acknowledges Article 15 of the Foreign Nationals Employment Act, which includes the obligation for the client to receive a copy of the identification document, as referred to in Article 1 of the Compulsory Identification Act, from the foreign national at the start of employment. The client must establish the foreign national’s identity using this document and retain a copy in their records.

‍Article 20b Personal Data of the Temporary Worker
The client shall treat all personal data of a temporary worker, disclosed before or during the assignment by Fulljob Uitzendorganisatie B.V., confidentially and process such data in accordance with the Data Protection Act. The client shall inform the temporary worker of their registered personal data and the method, timing, and purpose of the data processing.

‍Article 21 Confidentiality
At the request of the client, Fulljob Uitzendorganisatie B.V. shall stipulate in its agreement with the temporary worker that they must maintain strict confidentiality regarding confidential information relating to the client and its business operations. However, Fulljob Uitzendorganisatie B.V. is not liable for any damages suffered by the client as a result of a breach of this confidentiality by the temporary worker.

‍Article 22 Scope of General Terms and Conditions
If one or more provisions of the assignment or these general terms and conditions prove to be invalid or unenforceable, the remainder of the assignment and the general terms shall remain in effect. The invalid provisions shall be replaced by provisions that reflect the intent of the invalid provisions as closely as possible and are legally valid. The titles of the articles in these general terms and conditions are for informational purposes only and confer no rights.

‍Article 23 Jurisdiction Clause
All disputes arising from or related to a legal relationship between the parties governed by these general terms and conditions shall be settled exclusively by the competent court in the district of The Hague.