General Terms and Conditions AZ Recruitment & Arbeidsbemiddeling
AZ: AZ Recruitment & Arbeidsbemiddeling, the user of these terms and conditions. AZ is not a temporary employment / outstaffing agency (in the meaning of “uitzendbureau” from Dutch labor legislation). Thus, AZ does not provide temporary workers to end users and does not have an allocation / outstaffing function. Thus, AZ itself is never the employer.
client: those who request services from AZ.
candidate: individual person or self-employed person, the one who applies for a vacancy, seeks employment through AZ or is registered as a job seeker in AZ’s system.
services: recruitment (in the meaning of the Dutch “werving en selectie” or “W&S”), recruitment as a service, job placement services (in the meaning from the Dutch “arbeidsbemiddeling”), consultancy.
recruitment (W&S): service where AZ seeks candidates for the client on the basis of a percentage of the annual salary of the candidate to be employed by the client, unless another type of rate (structure) has been agreed with the client.
recruitment as a service (RaaS): service where AZ searches candidates on behalf of client on the basis of hourly rate + VAT.
job placement services (arbeidsbemiddeling): search by AZ on behalf of client for suitable candidates for employment agencies and/or employers.
consultancy: advice by AZ to client in the broadest sense of the word on recruitment, selection, job placement, collective labor agreement application, and everything related to employment mediation.
T&C: these General Terms and Conditions
quotation: offer of service by AZ to client, with pricing and detail of the services provided to the relevant client.
assignment: the agreement between the client as the requester and AZ as the contractor. This is an agreement as referred to in article 7:400 ff. of the Civil Code. It states what the client wants to obtain for a service and what the price is that AZ will charge for it.
rate: depending on the service, this may be an hourly rate, or a rate based on the actual hours worked by a candidate or a rate based on the salary of the candidate to be placed.
starting fee: AZ may charge a start-up fee. If AZ does so, it will be stated in AZ’s quotation.
Employment agency: employment or secondment agency that is itself a formal employer and lends workers to borrowers for a fee.
employer: company that is a formal and material employer of employees.
fee: what AZ invoices for its services.
Scope of work
All of AZ’s services are subject to these T&Cs. AZ does not accept purchasing offers from clients.
Way of work
AZ works exclusively on the basis of a quotation signed by the client. The signed quotation is the confirmation of the assignment.
The candidates offered by AZ to a client will not be offered to another client unless they are rejected by the current client or move out of the client’s employment.
AZ Recruitment & Arbeidsbemiddeling has an obligation to perform to the best of its ability but not an obligation to achieve a certain result.
AZ makes every effort to carry out the assignment properly and acts as a good professional.
Obligations of client
Client is obligated to provide AZ with all information requested by AZ.
Client is obligated to pay AZ’s invoices within 14 days of the invoice date, or – if a different payment term has been agreed in writing – within that different term agreed in writing.
Client is obliged to comply with the Dutch labor law and the Collective Labor Agreement(s) (CAO) applicable to client and/or its internal client, the hirer. All this under penalty of forfeiture of a fine, without notice of default and not subject to set-off or judicial moderation, of at least 3x and maximum 10x the average monthly salary of the placed candidate (with a minimum of the WML for 40 hours per week) per violation.
In this case, AZ has the right to withdraw the concerning candidate and to terminate the assignment immediately. After withdrawal of the candidate and termination of the assignment, the client still owes AZ the commission as formulated in the assignment.
Note: This fine will be forfeited to AZ, but AZ will use this fine to compensate the damages of the placed candidates.
Client who is also the formal employer of the recruited and placed candidate, is obliged, if client provides accommodation to the candidate, to ensure that it meets the standards of SNF (Stichting Normering Flexwonen), the normal requirements of hygiene and the requirements of (fire and building) safety and that the accommodation offers working sanitary facilities including toilet, shower, sink, washing machine, as well as a kitchen equipped with (at least) one refrigerator, cooking facilities and a microwave.
Nomination of new candidates by placed candidates
On occasion, placed candidates bring family members, friends or acquaintances to the client with whom they are placed by AZ. If client hires family members, friends or acquaintances of candidates introduced by AZ, without intervention of AZ, AZ will charge client 50% of the normal rate that would normally apply in job placement services or recruitment of that family member, friend or acquaintance.
Prohibition of hiring AZ-referred candidates outside of AZ
During or within 12 months after the completion/termination of the assignment, the client is not permitted to employ candidates who have been introduced to the client/brought in contact with the client by AZ, without AZ’s intervention, either directly or indirectly, independently or with the intervention of third parties, either as an independent worker or via a legal entity, or to have them employed for themselves or for a company affiliated to the client. All this on penalty of forfeiture of a fine of 200% of the quoted price, which penalty must be paid to AZ, payable without notice of default and not subject to judicial moderation or settlement.
Hours standard and AZ’s right to placement elsewhere and replacement candidate
If AZ, under assignment of client, proposes candidates to work on an hourly basis, and client enters into a freelance or employment contract (in whatever form) with that candidate for the number of hours set out in the order, but client does not offer the relevant candidate the full hours of work as set out in the order, AZ is entitled to place the relevant candidate elsewhere. AZ then also has the right to look for a new candidate for the assignment for the number of actual hours that client can evidently offer.
Invoicing job placement services
AZ bills to client either per hour worked by the candidate, but this could also be per day, per week, etc. It is about the actual hours worked.
Client is obliged to provide AZ with an overview of the hours worked by the candidate within the period agreed between AZ and client (this could be, for example, a week, 4-week period or a month). Based on that, AZ will invoice the client.
Any invoice send by AZ must be paid by the client to AZ no later than 14 days after the invoice date.
AZ will invoice the first 50% of its fee agreed with the client at the start of the assignment and the second 50% after the end of the probationary period. If no probationary period is agreed with the placed candidate, AZ will invoice the second 50% to the client after the expiry of 1 month after the candidate has started working for the client.
Any invoice send by AZ must be paid by the client to AZ no later than 14 days after the invoice date.
Costs for assessment
AZ may utilize any assessment tools in the recruitment of candidates. AZ will invoice the client for the cost of these tools. The cost of these tools is thus not included in the fee. AZ will estimate as well as possible in advance the costs of assessment tools in each specific case.
Dismissal in probationary period
If candidate is fired during the probationary period, and AZ is instructed to find a new candidate, client will pay the second 50% after the new candidate is placed, regardless of whether the candidate is on probation. A replacement candidate due to dismissal during the probationary period can only be acquired from AZ once for each position for which AZ is seeking candidates for the client.
Client has a right to replacement of a placed candidate if the candidate demonstrably does not have the required knowledge, skills and abilities necessary for the proper performance of the duties assigned to that candidate and of which it was clear to AZ that they would be part of the duties of that candidate from the date of placement.
The assessment of whether a candidate is unsatisfactory is up to AZ based on all the information available to AZ and also taking into account the circumstances of the case.
Late payment: collection costs and statutory commercial interest
If the client does not pay AZ’s invoice on time or in full, the client owes AZ collection costs of 15% as of the 15th day after the invoice date and interest of 2% per month on the total amount owed as of the 15th day after the invoice date.
Termination of assignment by AZ
AZ remains the right to terminate the contract at any time with a 2 months’ notice.
AZ can terminate the assignment with immediate effect without observing a notice period by means of a notification by e-mail or letter, if AZ is not paid, if AZ does not receive the necessary information from client within a reasonable period of time or if it comes to AZ’s attention that client is not complying with one of the aforementioned obligations, such as (but not limited to) the employment legislation, including the collective labor agreement that may apply to client or hirer. In such a case, AZ may withdraw the candidates already proposed to client and offer them to another client.
End of assignment by law
Each assignment ends by law once the number of candidates specified in the assignment has been placed with the client. In the case of multiple recruitment assignments from one client, AZ may choose to use a framework agreement with the client under which each assignment falls.
AZ is not liable for damage in connection with the deployment of candidates who in any way do not turn out to meet the requirements and expectations set by client or cause damage to client, unless such damage is demonstrably the result of an attributable shortcoming on the part of AZ in the selection of the candidate concerned.
If AZ accountably fails to comply with its obligations in respect of the client’s order, AZ will compensate the demonstrable direct damage suffered by the client, which damage is capped at the monetary value of the order ex VAT, as shown in the order.
These General Terms and Conditions are applicable from 01 May 2021, and amended as from 05 September 2021.
Den Haag / The Hague, NL