This is a translation of the Dutch version. If the two versions differ, the Dutch version prevails.
Article 1. Definitions
- WEDO Flex: WEDO Flex, located at Horsterweg 418, 5928 NJ Venlo, registered with the Chamber of Commerce (KvK) under number 78627001.
- Client: the party that enters into an agreement with WEDO Flex, also referred to as the hirer.
- Temporary worker: a person employed by WEDO Flex who carries out work for the client.
- Assignment: the agreement under which WEDO Flex makes one or more temporary workers available to the client (temporary staffing), or recruits and selects a candidate who joins the client's payroll (recruitment).
Article 2. Applicability
- These terms and conditions apply to all quotations and assignments of WEDO Flex.
- The client's general terms and conditions do not apply unless WEDO Flex has accepted them in writing.
- Any deviations from these terms and conditions apply only if agreed in writing.
Article 3. Formation of the assignment
- An assignment is formed when WEDO Flex confirms it in writing or begins carrying it out.
- Before the assignment starts, the client provides an accurate and complete description of the position, the work, the working hours, the workplace and the applicable terms of employment.
Article 4. Duration and termination
- An assignment is entered into for a fixed or an indefinite period.
- Unless otherwise agreed in writing, the client may terminate an assignment for an indefinite period, or reduce the number of temporary workers, with at least one working day's notice.
- Termination of the assignment does not affect the client's obligations for hours already worked.
Article 5. Direction and supervision
- The temporary worker works under the direction and supervision of the client, who gives the work instructions.
- The client deploys the temporary worker only for the agreed work at the agreed location, and does not make the temporary worker available to third parties.
Article 6. Working conditions
- The client is responsible for a safe and healthy workplace in accordance with the Dutch Working Conditions Act (Arbeidsomstandighedenwet) and Article 7:658 of the Dutch Civil Code.
- Before work begins, the client informs the temporary worker of the risks involved and provides the necessary personal protective equipment and instructions.
- The client reports any occupational accident or occupational disease involving a temporary worker to WEDO Flex immediately and, where required by law, to the Netherlands Labour Authority.
Article 7. Terms of employment of the temporary worker
- WEDO Flex is a member of the ABU (Dutch Association of Temporary Work Agencies) and applies the ABU Collective Labour Agreement (CLA) for Temporary Agency Workers.
- The client informs WEDO Flex promptly and fully of the pay and other terms of employment that apply to comparable employees within its organisation, and of any changes to them, so that WEDO Flex can pay the temporary worker correctly.
Article 8. Hours and rate
- The client pays only for the hours the temporary worker has actually worked, at the agreed hourly rate, plus any allowances and expenses due under the ABU CLA.
- The client records the hours worked accurately and completely and approves them every week. If the client has not responded within two working days, the hours as submitted by the temporary worker apply.
- WEDO Flex may adjust the rate if wages or statutory charges change, for example due to a pay rise under the ABU CLA or a change in contributions.
Article 9. Invoicing and payment
- WEDO Flex invoices weekly on the basis of the approved hours.
- The client pays within 14 days of the invoice date, without any set-off or suspension.
- If payment is late, the client owes the statutory commercial interest and reasonable collection costs, without any notice of default being required.
- The client may pay part of the invoice amount into WEDO Flex's G account (blocked account), thereby limiting its risk of hirer's liability for payroll taxes and VAT.
Article 10. Illness and replacement
If a temporary worker is unable to work due to illness or for any other reason, WEDO Flex will make every effort to provide a replacement as quickly as possible. The client pays nothing for hours not worked.
Article 11. Recruitment
- In the case of recruitment, WEDO Flex puts forward candidates who can join the client's payroll.
- If a candidate who has been put forward joins the client's payroll within twelve months of being put forward, the client owes the agreed placement fee.
- The amount of the placement fee and any guarantee arrangement are set out in the quotation.
Article 12. Taking on a temporary worker
- The client may take a temporary worker onto its own payroll, provided it notifies WEDO Flex in advance.
- If the client does so before the temporary worker has worked 1,040 hours for the client through WEDO Flex, the client owes a reasonable fee, as agreed in the quotation.
Article 13. Liability
- WEDO Flex selects temporary workers carefully, but is not liable for any damage a temporary worker causes to the client or to third parties, or for any obligations a temporary worker enters into.
- The client indemnifies WEDO Flex against claims by temporary workers and third parties arising from the client's failure to meet its obligations, including those under Article 6.
- WEDO Flex's liability is in all cases limited to the amount paid out under its liability insurance in the case in question or, if no payment is made, to the amount invoiced for the assignment over the last three months.
Article 14. Confidentiality and privacy
- Both parties keep each other's confidential information secret.
- The client uses the personal data of temporary workers and candidates only to carry out the assignment, and handles it with care in accordance with the GDPR. See also our privacy policy.
- Use of the WEDO Flex website, including cookies and website statistics services, is governed by the privacy policy. We only set analytics cookies with the visitor's consent; the services in use at any given time are listed in the cookie overview in the privacy policy.
Article 15. Wtta
WEDO Flex meets the requirements of the Wtta (Dutch Act on the Admission of Labour Providers, Wet toelating terbeschikkingstelling arbeidskrachten). From 1 January 2027, the client may only work with labour providers that are authorised under the Wtta.
Article 16. Applicable law and disputes
- All assignments are governed by Dutch law.
- Disputes will be submitted to the competent court of the District Court of Limburg (rechtbank Limburg).