Secondment

VRF Advocaten, unconditional excellence in flex work.

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.

THIS 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 reviews)

SICKNESS

  • Sick employee
  • Occupational disability
  • Own risk bearer

DISMISSAL

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

COLLECTIVE AGREEMENT (CAO)

  • ABU CAO and 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 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 (Rome I and EEA).

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-group secondment
  • Acquisition / merger
  • Drawing up checklists

HOW MAY WE HELP YOU?

Contact