These General Terms And Conditions are applicable to all agreements of FlexVet, including making staff and secondment workers available to contracting parties.
These General Terms and Conditions may only be deviated from if laid down in writing in the agreement between contracting party and FlexVet.
FlexVet = FlexVet B.V. secondment firm for veterinarians and paraveterinaries, established on Bouwstraat 5, 7483 PE Haaksbergen, (P.O. Box 170, 7480 AD Haaksbergen ), as registered with the Chamber of Commerce Veluwe and Twente under number 08088240.
Secondment worker or employee = the employee made available by FlexVet to third parties, in this case the contracting party.
Contracting party = the legal entity to which the secondment worker is made available.
Service agreement = the agreement between FlexVet and the contracting party on the grounds of which one or more secondment workers/employees is/are made available by FlexVet.
Contracting party rate = The rate that FlexVet charges to contracting party per hour as agreed and that may be adjusted in the course of the assignment by altered arrangements.
The assignment may be entered into for a definite period or for an indefinite period.
The assignment for a definite period can be entered into for a predetermined time or for a definite period that ends when an event occurs or events occur that can be objectively determined and that has (have) been stated in the service agreement.
The assignment for an indefinite period can be terminated by both parties in writing with due observance of a term of notice of 1 month.
The assignment for a definite period will end by operation of law by expiry of the determined time or because an event occurs that can be objectively determined and that has been stated in the service agreement.
The assignment will end by operation of law in the event that contracting party enters into a direct employment contract with the secondment worker with due observance of what is referred thereto in article 7 of these General Terms and Conditions.
The assignment will end by operation of law in the event that FlexVet can no longer make the secondment worker available to contracting party, unless when contracting party requests and allows FlexVet to make a replacement secondment worker available.
The assignment will end with immediate effect in the event that FlexVet invokes dissolution of the service agreement because contracting party has remained in default in the fulfilment of obligations ensuing from the assignment and the service agreement and the related conditions, has been declared bankrupt, suspension of payment has been granted to contracting party or the property of contracting party has been attached.
In the event that the assignment ends, this will also entail the termination of the availability.
Availability will end immediately in the event that the secondment worker has informed FlexVet and contracting party that he can no longer carry out the agreed duties due to his incapacity for work by reason of sickness or accident.
The contracting party will only be entitled to enter into a direct employment relationship with the secondment worker that is made available by FlexVet if the following conditions are met:
The employee has been employed through FlexVet with contracting party for minimally 1,000 hours.
The contracting party informs FlexVet in writing of his intentions to enter into a direct employment relationship with the secondment worker.
The contracting party ensures that the secondment agreement between the secondment worker and FlexVet has legally ended or will be terminated.
If the contracting party wants to enter into a direct employment contract with the secondment worker within the timeframe of 1,000 worked hours, the contracting party will be due a fee to FlexVet. This fee will be calculated on the basis of the 1,000 hours minus the number of worked hours within the same assignment.
For the duration of the assignment, contracting party will be held to pay FlexVet the contracting party rate per hour over the period as agreed over the agreed number of hours per period (day/week/month), even if is there temporarily no work for the secondment worker.
Contracting party will only be entitled to temporarily suspend the employment if it is expressly included in the service agreement that the secondment worker has been made available on call.
In an assignment it which has been agreed in writing that the secondment worker is made available on call, FlexVet will only charge the contracting party rate over the number of worked hours.
Without prejudice to the above, if a secondment worker has been called up, FlexVet will charge minimally 3 times the contracting party rate, also if the secondment worker has been employed less than 3 hours after called up.
If a secondment worker has been made available on call, the secondment worker will not be under the obligation to respond to the request. In such a case, the contracting party can request FlexVet to make an alternative secondment worker available.
The above may only be deviated from if agreed otherwise in the service agreement.
In the assignment, the contracting party will provide the job description of the duties that the secondment worker will carry out. At request thereto by FlexVet, the contracting party will sufficiently demonstrate that the job description matches the duties of the position actually to be carried out.
Working times, the number of working hours and rest periods of the secondment worker will be equal to the times and hours customary with the contracting party unless agreed otherwise in the agreement.
If the duties are carried out longer than the working hours per day or per week customary in the veterinary sector or by arrangement or timesheet established number of hours, this will constitute work on overtime. Work on overtime following on the normal working hours, provided no longer than half an hour, will not qualify as work on overtime.
The holidays and special leave days for the secondment worker are arranged in the agreement between FlexVet and the secondment worker and will be paid as a percentage of the basic gross hourly wage to the secondment worker.
FlexVet will ensure that the secondment worker is insured by an adequate professional liability insurance that fits the position.
The cover will be such as is usual in the veterinary sector and will fit the position.
The contracting party will be responsible for the proper OH&S measures that fit the enterprise, position and tasks, including personal protection means.
FlexVet is not held to any compensation for damage of any nature whatsoever (with the exception of damage covered by the professional liability insurance as referred to in paragraph 1 of this article), direct or indirect damage including consequential damage, with respect to the secondment worker or goods and/or persons with or of the contracting party or a third party, which damage has been caused as a result of the availability of the secondment worker, also when it becomes evident that the secondment worker does not meet the set requirements.
Unilateral termination by the secondment worker.
Through the actions or omissions of the secondment worker, the contracting party himself or a third party including entering into obligations by the secondment worker.
The contracting party is under the obligation to provide an adequate third-party liability insurance for all direct and indirect damage as referred to in paragraph 4 of this article.
The contracting party needs to indemnify FlexVet against any claims of the secondment worker or third parties to compensate damage as referred to in paragraph 4 of this article suffered by the secondment worker or third parties.
For the duration of the engagement, the hourly fee of the secondment worker will minimally be determined in accordance with the salary table of FlexVet.
If the contracting party concerns the Dutch (veterinary) authorities, the hourly fee of the secondment worker will be comparable to that of an officer in public service with the same job description.
In such cases that there is an arrangement between the Royal Netherlands Veterinary Association KNMvD and the Dutch veterinary authorities such as the Consumer Product Safety Authority NVWA, the Ministry of Agriculture, Nature and Food Quality LNV, and others, the hourly fee will be a derivative thereof.
In deviation of the above, other hourly fees may be agreed in special circumstances.
FlexVet will determine the contracting party rate on the basis of the hourly fee of the secondment worker.
FlexVet will be entitled to increase the contracting party rate in the course of the assignment:
By changes in Collective Agreements or changes in arrangements with respect to the fee of the secondment worker.
By changes with respect to national insurance / employed persons insurance contributions or taxes.
Invoicing by FlexVet to the contracting party will take place based on time registration form signed for approval by the contracting party, also called time sheets, which will be binding to the contracting party. If not agreed otherwise, this will take place on a weekly basis.
The contracting party is obliged to ensure that the time registration forms state the correct hours and expenses.
The contracting party will at all times be obliged to pay each invoice submitted by FlexVet for supplied secondment workers within fourteen days after the invoice date unless agreed otherwise.
Only direct payments to FlexVet will indemnify against any further demands for payment. Payments to secondment workers or making advance payments to secondment workers are prohibited and not-binding and will never serve as payment of debts.
If an invoice is not paid within fourteen calendar days, without notice of default and by operation of law, the contracting party will be due an interest of 1% per calendar month over the outstanding amount.
Complaints concerning any invoice must be lodged in writing within 7 days of invoice date with FlexVet. After that time, complaints will no longer be taken into consideration.
All collection costs, including the costs for legal counsel will entirely be to the account of the contracting party.
All agreements that are fully or partially subject to these General Terms and Conditions, are governed by Dutch law.