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Secondment

From a legal point of view, secondment involves a number of rights and obligations for both the secondment agency and the client. It is important that proper arrangements are made.

THAT IS WHY YOU ENGAGE US

We are familiar with the complicating factors at issue here. For example, we assist and advise on the contracts that your clients offer you. Or we draft compliant contracts for you. We also advise on privacy and dismissal-related matters.

OUR FIELDS OF EXPERTISE

CONTRACTS AND REGULATIONS

• Secondment Agreement
• Employment contract
• Contract for services and works contract
• Contract for self-employed workers without employees
• Staff manual, codes of conduct and regulations
• General terms and conditions
• Assessing general terms and conditions of clients (legal review)

SICKNESS

• Sick employee
• Occupational disability
• Own risk bearer

WORKING CONDITIONS

• Working Conditions Policy
• Working week
• Social security

DISMISSAL

• Settlement Agreement
• Termination of employment contract or temporary assignment contract
• Reorganisation, collective dismissal and redundancy package
• Dismissal with immediate effect

Collective agreement (CAO)

• Subject matter, application and scope of the Collective Agreement of the Dutch Federation of Private Employment Agencies (ABU-CAO), the Collective Agreement of the Dutch Association of Intermediary Organizations and Temporary Employment Agencies (NBBU-CAO) and the collective agreement for temporary agency workers (application of user company remuneration, among other things).  en NBBU CAO
• Dutch Placement of Personnel by Intermediaries Act (Waadi)
• Stichting Naleving CAO voor Uitzendkrachten (Foundation for Compliance with the Collective Agreement for Temporary Employees) (SNCU)
• Scope of application of collective agreements and scope of application investigations

Pension

• Mandatory Statutory Pension Fund for Personnel Services (StiPP)

Liability

• Penalties pursuant to the Dutch Placement of Personnel by Intermediaries Act (WAADI), the Dutch Foreign Nationals (Employment) Act (Wav), the Dutch Working Hours Act (Atw), the Dutch Working Conditions Act (Arbo) and the Dutch Minimum Wage and Minimum Holiday Allowance Act (Wml)
• Vicarious tax liability
• Dutch Labour Market Fraud (Bogus Schemes) Act (Was)

international

• Cross-border employment
• International secondment
• Posting of Workers Directive, Enforcement Directive and Posted Workers in the European Union (Working Conditions) Act (WagWeu)
• Applicable law and international procedure

Privacy and competition

• General Data Protection Regulation (GDPR) / privacy
• Non-compete clause and non-solicitation clause, confidentiality, protection of intellectual property, recruitment and penalty clause.

Other

• Dutch Balanced Labour Market Act (Wab)
• Employment conditions / remuneration
• Transfer of undertaking
• Collection
• Contracting of work
• Intra-concern detachering
• Acquisition / merger
• Drawing up checklists