Homepage

TERMS AND CONDITIONS

Article 1 Definitions

In these terms and conditions, the following definitions shall apply:

a. Pollux: the private company with limited liability: Pollux Personeelsdiensten B.V., having its registered office and place of business in Roosendaal at Ettenseweg 6, registered with the Chamber of Commerce with number 20134671.

b. Temporary Employee: any natural person who performs or will perform work for a Client through the intervention of Pollux and who is made available to the Client on the basis of a temporary employment contract.

c. Client: the natural person or legal entity that places an order with Pollux or enters into a contract of assignment with Pollux in the field of employment mediation, the supply of labor capacity and/or the execution of projects (whether or not by third parties), all in the broadest sense.

d. Agreement: the assignment agreement between Pollux and the Client for the performance of work or the supply of one or more Temporary Employees.

Article 2 Applicability of these general conditions

These general terms and conditions apply to all offers or quotations, both oral and written, of Pollux insofar as they relate to the supply of one or more Temporary Employees to the Client pursuant to an Agreement.
Unless otherwise expressly agreed in writing between Pollux and the Client, paragraph 1 also applies to any Agreement arising from an earlier Agreement to which these general terms and conditions have been declared applicable.
These general terms and conditions also apply to all (legal) acts of Pollux with, for or against the Client, including extra-contractual obligations. All clauses in these general terms and conditions are also made for the benefit of persons on the part of Pollux who are involved in the execution of the Agreement and/or persons who have any liability in this connection.
Deviations from these general terms and conditions and/or the Agreement are only valid if expressly agreed in writing. Any general terms and conditions of the Client are expressly rejected by Pollux, unless Pollux has expressly accepted them in writing.
All of Pollux's offers, regardless of how they are made, are without obligation.
If any provision of these general terms and conditions is null and void or annulled, the other provisions of these general terms and conditions will remain in full force and Pollux and the Client will consult in order to agree on new provisions to replace the null and void or annulled provisions, taking into account as much as possible the purpose and meaning of the null and void or annulled provisions.
For incorrect data and figures in brochures, offers, order confirmations or invoices, Pollux is neither liable nor bound by them.

Article 3 Duration and termination of Agreement

Regarding the duration and possible termination of an Agreement, the following applies:

Notwithstanding the provisions of Article 7:408(1) of the Dutch Civil Code, the Client may not terminate the Agreement prematurely, but only by the end of the term of the Agreement.
If the term of an Agreement is predetermined, the Client may, if it has lasted for two months or more, terminate the Agreement in writing by the end of the term of the Agreement, subject to a notice period of fourteen (14) calendar days, which notice period shall commence on the date of receipt by Pollux of the Client's written notification of the termination desired by the Client.
If an indefinite period of time has been fixed in advance for the duration of an Agreement, the Client may terminate the Agreement in writing, subject to a notice period of three (3) months, which notice period shall commence on the date of receipt by Pollux of the Client's written notification of the termination desired by the Client.
Failure to comply with the notice period referred to in paragraph 2 shall oblige the Client to extend the Agreement by as many days as necessary to still comply with the prescribed term of termination and, accordingly, to allow the Temporary Worker to continue working during the notice period or to pay Pollux compensation equal to the rate that Pollux would have received if the Temporary Worker had continued to work normally with the Client during the notice period and to pay all that the Temporary Worker may claim against Pollux.
In all cases of notice of termination of the Agreement to Pollux, the Client shall also simultaneously give notice of the end of the Agreement to the Temporary Worker, failing which the notice period shall not commence.
The Agreement shall end by operation of law immediately after the Temporary Worker has notified Pollux and the Client that he or she is unable to perform the work due to illness or accident, unless Pollux does not consent to this, all without the Client being able to claim compensation against Pollux and/or the Temporary Worker on any account whatsoever. The Agreement will not terminate if Pollux can provide a replacement for the Temporary Worker.
The Agreement ends by operation of law at such time as Pollux is no longer able to assign the Temporary Worker to the Client because the agreement between Pollux and the Temporary Worker has ended and Pollux is unable to provide a replacement for this purpose, regardless of the reason, and is not immediately continued in any form whatsoever, without the Client being able to invoke compensation for any reason whatsoever.
Should a Temporary Worker, to the extent possible, be replaced by another Temporary Worker, the Client's obligations under the Agreement relating to the aforementioned Temporary Worker shall continue to exist in full, to the extent that this Agreement has not been terminated, without the Client being able to invoke extension of the Agreement or compensation on any account whatsoever.
The Agreement may be terminated by Pollux with immediate effect without any further notice of default being required, if the Client is declared bankrupt, suspension of payments is granted to the Client, or the Client loses free control over its assets in any other way, or if Pollux invokes the dissolution of the Agreement because the Client falls short in the fulfilment of any obligation arising from the Agreement and/or these general terms and conditions. Such termination is without prejudice to Pollux's right to claim full compensation from the Client, whereby future (periodic) payment obligations of the Client under the Agreement shall in any case be regarded as damage.
Pollux may terminate the Agreement in writing at any time, subject to fourteen (14) days' notice.

Article 4 Substitution

In the event of illness or death of the Temporary Worker or accident or termination of the employment contract entered into between Pollux and the Temporary Worker, Pollux will never be obliged to compensate any damage to the Client, on the understanding that Pollux will, insofar as the nature of the work to be carried out permits, arrange for replacement of the Temporary Worker within a reasonable term, but without being obliged to do so. This is only a best-efforts obligation on the part of Pollux.

Article 5 Security

The Client undertakes towards both the Temporary Worker and Pollux to equip and maintain the premises, equipment and tools with which the Temporary Worker performs the work, as well as to make arrangements for the performance of the work and provide instructions in such a way that the Temporary Worker is protected against danger to body, honour and property to the extent that the nature of the work can reasonably be required. The manner in which the safety aspect is provided must be in accordance with all statutory requirements, including the requirements set out in the Working Conditions Act.
If the Temporary Worker sustains an industrial accident or occupational disease, the Client shall ensure that a report is drawn up forthwith by an independent expert, at Pollux's discretion, in which the circumstances of the accident are established in such a way that it can be ascertained with a reasonable degree of certainty to what extent the accident is the result of the fact that the Client has not taken adequate measures, including the obligations referred to in paragraph 1 of this article, to prevent such an industrial accident.
The Client is liable to the Temporary Worker and Pollux for, and consequently obliged to compensate, all damage of any kind suffered by the Temporary Worker in or through the performance of his work, unless the damage is the result of intent or deliberate recklessness on the part of the Temporary Worker.
The Client shall indemnify Pollux against any claim for compensation for damage to the Temporary Worker related to the performance of the Agreement, including the preceding paragraphs of this article.
The Client undertakes to take out adequate insurance against any claim or compensation for damage arising from the preceding paragraphs of this article and is obliged to make a copy of the insurance policy available at Pollux's first request.

Article 6 Invoices

Unless otherwise agreed in writing, Pollux's invoices are based on the Agreement and the (digital) work sheets approved by the Client, on which the hours worked by the Temporary Worker are stated. Pollux's records provide compelling evidence to the Client of the number of hours worked by the Temporary Worker.
The work letters must be approved by a person employed and authorized by Client. After approval by Client, the contents of the work letters are binding on Client.
The Client is obliged to ensure that the work letters are completed and sent in a timely, complete, correct and clear manner. This implies that the work letters are received by Pollux as soon as possible after 10:00 a.m. on the Monday following the work week to which the work letter in question relates, but no later than 3:00 p.m., at an e-mail address indicated by Pollux specifically for this purpose or (insofar as possible) via the Pollux portal.
If the Temporary Worker disputes the information on the approved work sheet, Pollux may invoice the number of hours worked and other expenses according to the Temporary Worker's statement, unless the Client proves that it is incorrect.
If the Client does not comply with the provisions of one of the paragraphs of this article, Pollux may decide to invoice the Client on the basis of the facts and circumstances known to it. Pollux will not do so as long as no reasonable consultation on this matter has taken place with the Client.
Rate changes as a result of employment conditions regulations and/or collective bargaining obligations and changes in or as a result of laws and regulations such as tax and social laws and regulations, shall be passed on to the Client as of the time of such changes and shall be payable by the Client accordingly, even if such changes occur during the term of the Agreement. Client agrees to this.
Pollux invoices the Client on a weekly basis.

Article 7 Payment

The Client must at all times pay any invoice sent by Pollux within fourteen (14) days of the date of the invoice, unless otherwise agreed in writing between the Client and Pollux. All amounts payable by the Client must be paid by the Client by transfer to the bank and/or giro account indicated by Pollux. Any right of the Client to suspend its payment obligation or to set off amounts is hereby entirely excluded.
In case Pollux enters into the Agreement with several Principals, they are jointly and severally bound for the fulfillment of the obligations towards Pollux.
If the Temporary Worker reports at the agreed time and place to perform the Temporary Work in accordance with the Agreement, but is not enabled by the Client, for whatever reason, to commence or perform the Temporary Work, Pollux retains its full right to payment in accordance with the Agreement, even if Pollux proceeds to terminate the Agreement.
If, after the temporary worker has appeared at the workplace, the Client uses his labor offer for less than three hours, the Client is obliged to pay the hourly rate for at least three hours per call.
Only payments made to Pollux itself or to a legal entity that has been authorised in writing by Pollux to collect the amounts referred to in paragraph 1 for its benefit discharge Pollux. Payments to Temporary Employees and or the provision of advances to Temporary Employees are prohibited and non-binding and may never constitute grounds for loss of debt or set-off vis-à-vis Pollux.
The Client must carefully check the invoice. Objections concerning the (amount of) the invoice must be made known to Pollux in writing within 8 days after the date of the invoice. After expiry of this period, the Client has processed its possible rights in this respect. Objections by the Client to the amount of the invoices do not suspend his payment obligations and therefore the payment term. Pollux's administration also provides compelling evidence against the Client in this regard.
If the Client has not fulfilled its payment obligation no later than the due date of the invoice, the Client shall be in default by operation of law. From the moment of default, the Client shall owe statutory commercial interest on the amount due without notice of default, without prejudice to Pollux's right to claim collection costs and any other damage.
All collection costs, including the full costs of legal assistance, both in and out of court, shall be borne entirely by the Client. The compensation in respect of extrajudicial costs is based on 15% of the principal sum due, unless the actual costs exceed 15% of the principal sum, in which case Pollux is entitled to claim these costs. The minimum compensation in respect of the extrajudicial collection costs is € 750.00 for each collection.
The interest and collection costs will be charged and payable by the Client as soon as the claim has been handed over by Pollux for collection, without any further proof being required regarding the failure to pay. The foregoing is without prejudice to Pollux's right to charge higher costs if what has been calculated on the basis of said percentage does not cover costs.
The Client is obliged at Pollux's first written request to provide adequate security for the fulfillment of the Client's obligations towards Pollux, in the form of a bank guarantee, pledge or mortgage.

Article 8 Prevention of discrimination

In order to prevent the making of unauthorized distinctions, in particular on the grounds of religion, philosophy of life, political affiliation, sex, race or any other ground whatsoever, non-functional relevant requirements when providing the information regarding the Temporary Worker to be nominated may not be made by the Client nor taken into account by Pollux.

Article 9 Duty to inform

The Client is obliged to provide Pollux and the Temporary Worker with information on the qualifications required of the Temporary Worker, the position, working hours, customs within the Client's company and the like prior to the commencement of the Agreement.
Before the commencement of the Agreement, the Client is obliged to notify Pollux and the Temporary Worker of the applicable and relevant remuneration components within its company, the applicable employment conditions regulations and/or collective bargaining agreement, the legal status regulations, and the pension scheme.
The Client guarantees to provide Pollux with all relevant and essential information prior to the commencement of the Agreement. If new relevant and/or essential information comes to the attention of the Client after the commencement of the Agreement, the Client is obliged to provide it to Pollux in writing without delay and to provide all the cooperation required for the execution of this Agreement.
The consequences of the Client's failure to comply with these obligations, as mentioned in this article, are entirely for the Client's account and risk, and give Pollux the right to terminate the Agreement with immediate effect, without notice of default being required.

Article 10 Liability and indemnification

When selecting candidates, Pollux shall observe the utmost accuracy. If the Client is of the opinion that a Temporary Worker is not satisfactory, it is obliged to report this in writing to Pollux immediately after commencement of the work, so that Pollux can assess this, failing which the Client has processed its rights in this respect.
As soon as the Client has discovered or reasonably should have discovered a possible ground for a liability on the part of Pollux, the Client must notify Pollux in writing of the existence of this claim against Pollux without delay, and in any case within three (3) months, on pain of forfeiture of the right to do so, by means of documented and properly substantiated claims. Any claim against Pollux lapses after one year after the notification by the Client has been made, or at least should have been made, unless that claim has meanwhile been brought before the competent court. Pollux is not liable to the Client as long as the Client has not fulfilled an obligation towards Pollux.
Pollux is not obliged to pay any compensation for damage of any kind whatsoever, direct or indirect, caused to the Temporary Worker or to goods or persons at or of the Client or a third party, which damage is caused as a result of, among other things, but not limited to:
Insofar as Pollux may already be liable, without prejudice to the provisions of paragraph 3 of these general terms and conditions, the liability for any direct damage is limited to 50% of the relevant amount invoiced or to be invoiced in accordance with the Agreement, up to a maximum of € 1,500,00. Pollux is never liable for indirect damage, including consequential damage and trading loss. These general terms and conditions form an irrevocable third-party clause for the benefit of all Temporary Employees and other employees connected to Pollux.
The Client is obliged to ensure adequate, total coverage liability insurance for all direct and indirect damage referred to in paragraphs 3 and 4 of this article. The Client is obliged to make available a copy of the insurance policy at Pollux's first request.
The Client shall indemnify Pollux against any claims by the Temporary Worker or third parties for compensation for damage in the broadest sense of the word, including in any event the provisions of paragraphs 3 and 4 of this article suffered by such Temporary Worker or third parties, regardless of whether the Client is insured against the damage in question and/or such damage falls under the Client's own risk.
Prior to entering into the Agreement Pollux must verify with respect to the Temporary Worker whether the identification obligation has been fulfilled, regardless of the nationality of the Temporary Worker. During the Agreement, the Client is obliged to ensure that all statutory requirements with regard to the obligation to identify the Temporary Worker have been and will be fulfilled, regardless of the nationality of the Temporary Worker, failing which the Client shall indemnify Pollux against all third-party claims and other damage suffered by Pollux and/or the Client as a result.
During the execution of the Agreement, Pollux and the Client may communicate with each other by electronic mail. Pollux is not liable to the Client for any damage arising from the use of electronic mail.

Article 11 Force Majeure

Pollux is not obliged to fulfill any obligation under the Agreement if they are prevented from doing so as a result of a circumstance that is not attributable to fault, and which is not for their account by virtue of the law, a legal act or generally accepted practice.
In these general terms and conditions, force majeure means, exclusively on the part of Pollux, in addition to its definition in law and jurisprudence, all external causes, foreseen or unforeseen, over which Pollux has no control, but which prevent Pollux from fulfilling its obligations. More specifically, force majeure on the part of Pollux in any case includes war, threat of war, civil war, riots, strikes, pandemics, epidemics, outbreaks, lockouts and/or transport difficulties.
Pollux has the right to invoke force majeure if the circumstance preventing (further) fulfillment occurs after Pollux should have fulfilled its obligation.
The parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to compensate the other party for damages.
Insofar as Pollux has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfil them, Pollux is entitled to separately invoice the part already fulfilled or to be fulfilled respectively.

Article 12 Hiring temporary worker

During the term of the Agreement, as well as for six months after its termination, the Client will not employ Temporary Employees of Pollux or of companies engaged by Pollux for the execution of the Agreement and who are (have been) involved in the execution of the Agreement, or otherwise have them work for it, directly or indirectly, unless there has been proper business consultation with Pollux in this regard and the Client pays Pollux a reasonable fee as described in paragraph 2 of this article.
This reasonable compensation applies if the temporary worker in question is taken over by the Client within 2,500 hours worked for Pollux. If the temporary worker has worked less than 2500 hours through Pollux, 25% of the Client rate over the remaining hours of the temporary worker will be charged to the Client taking over the temporary worker. If the temporary worker uses extra facilities such as housing, transportation or otherwise, these actual costs will still be charged to the Client for the duration of 1 month.
After Pollux has initiated the recruitment & selection procedure at the Client's request and has introduced a candidate to the Client as a result, and this candidate is employed directly by the Client on the basis of an employment contract, the Client must pay a recruitment & selection fee to Pollux for this. Recruitment & selection costs are 25% of the gross annual income including vacation pay.
As soon as paragraph 1, 2 or 3 of the article becomes applicable (all this at Pollux's sole discretion), the Client must notify Pollux of this immediately and in writing before the commencement of the employment, irrespective of the position that the candidate in question will fill. This aspect also applies to affiliated ancillary companies and applies up to six months from the date of the candidate's proposal. Pollux's records are leading in this regard. If and insofar as the Client fails to comply with the aforementioned reporting obligation, the Client will owe Pollux - without any notice of default being required - an immediately payable penalty of € 250 per violation per day up to a maximum of € 50,000.

Article 13 Civil chain liability wages

In addition to Pollux, the Client is jointly and severally liable to the Temporary Worker for payment of the wages due to the Temporary Worker, unless the Client qualifies as non-repudiation in respect of any underpayment. For the purpose of proving its non-repudiation, the Client must in any case inform Pollux in good time, correctly and completely regarding the applicable terms and conditions of employment. Pollux is obliged towards the Client to remunerate the Temporary Worker in accordance with the applicable laws and regulations.

Article 14 Dealing with Fraudulent Constructions Act

The Client is obliged to fulfil all obligations on the basis of the WAS and the other laws and regulations applicable in the performance of the Agreement, and undertakes, inter alia, to ensure that the Temporary Workers are paid reasonable, i.e. at least the (minimum) wage applicable on the basis of the law and/or applicable employment conditions regulations and/or CAO, and to the extent that the Client is bound by or has agreed to an employment conditions scheme and/or CAO, the terms and conditions of employment including the conditions relating to wages of the employment conditions scheme and/or CAO applicable to it are complied with in full.
All terms and conditions of employment with the Temporary Worker for the purposes of performance of the Agreement shall be recorded in a clear and accessible manner.
Client declares by signing the Agreement in the past and at the time of previous agreements with Pollux not to have committed any violation related to the WAS. The Client must inform Pollux immediately if the inspection SZW establishes a violation of the WAS.
If there is a violation of the WAS or Pollux suspects that violation(s) may have been committed, Pollux has the right to take all necessary measures leading to the rectification of the violation and/or prevention of further violation and the Client is obliged to provide all cooperation to Pollux. Pollux may, for instance but not exclusively, request information, mediate, require compliance with the agreements made with the Client, demand an independent statement proving that all terms and conditions of employment are correctly applied and/or carry out or have carried out a control and/or an audit at the Client. The Client is also obliged, if requested, to provide authorized bodies with access to the terms and conditions of employment in the context of the performance of the Agreement and, in this context as well, to cooperate in checks, audits and/or wage validation.
Upon request, the Client will provide Pollux with access to the labor conditions in the context of execution of the Agreement if it deems this necessary in connection with the prevention or handling of a wage claim regarding labor performed for the purpose of execution of the Agreement.
If Pollux violates the WAS through the fault of the Client, Pollux shall recover from the Client all possible damages suffered and to be suffered by it and the Client shall pay such damages to Pollux, which shall in any case mean overdue payment of wages to the Temporary Worker and/or one or more penalties pursuant to the WAS, or the violation thereof.
Pollux will ensure that the Temporary Workers are remunerated or remunerated in accordance with the relevant employment conditions regulations and/or collective labour agreement. Pollux is thereby dependent on the information provided or to be provided by the Client with regard to the (changes in) employment conditions and/or remuneration and benefits in kind arising from the applicable employment conditions regulations and/or CAO. The Client is therefore obliged to notify Pollux immediately in writing of any changes in the applicable employment conditions regulations and/or collective labour agreement, so that Pollux can implement them in time for the purposes of the payroll administration.
If Pollux is successfully sued by a third party (including one or more of the posted Temporary Workers, the parties to the collective labour agreement, a foundation supervising compliance with one or more of the applicable employment conditions regulations and/or collective labour agreement(s), the Ministry of Social Affairs and Employment the Inspectorate SZW and/or the Tax and Customs Administration), as a result of the Client's failure to notify Pollux of changes to the applicable employment conditions regulations and/or collective labor agreement or to do so in good time, all resulting expenses, damages and costs for Pollux shall be for the Client's account and risk.

Article 15 Personal data

Pollux and Client shall treat all personal data of Temporary Workers provided to them in the context of the posting as confidential and process them in accordance with the provisions of the General Data Protection Regulation.
Depending on the responsibilities and working method, the parties will make agreements in accordance with the AVG and related privacy legislation concerning data leaks, the rights of data subjects and retention periods. If there is joint processing responsibility, the company and user company will make further agreements on such matters as the exercise of data subjects' rights and the obligation to provide information. These agreements are laid down in a mutual arrangement.
The Client shall indemnify Pollux against all claims by employees of the Client or other third parties against Pollux, in connection with a violation by the Client of the AVG and other privacy legislation, and shall reimburse Pollux for the related costs incurred by Pollux.

Article 16 Confidential information

Each of the parties guarantees that all information of a confidential nature received from the other party before and after entering into the Agreement will remain confidential. In any event, information will be considered confidential if it relates to the business operations of either party.

Article 17 Payrolling

Pollux makes its Temporary Employees available to the Client on the basis of a temporary employment contract. Exclusively in the event that the legal relationship between Pollux and the Client should nevertheless qualify as a payroll agreement, the provisions of this article shall apply in addition to the other provisions of these general terms and conditions. In this article, the Temporary Worker is referred to as Laborer.
If there is successive employership, the Client has the obligation to inform Pollux correctly and fully about the Laborer's employment history with the Client. If and insofar as the Client fails in the aforementioned obligations, the resulting (unforeseen) costs shall be borne by the Client and the Client shall be liable for any damage suffered by Pollux as a result.
If the parties have agreed on an indefinite posting and the parties have not agreed on a notice period, the Client's payment obligations shall continue until the relevant payroll agreement ends. In that case, Pollux has the right to continue to charge the agreed rate to the Client.

Article 18 Applicable law and competent court

All Agreements within the meaning of these general conditions are governed by Dutch law, regardless of the place where the work is to be performed.
All disputes between Pollux and the Client shall be settled by the competent court of the District Court of Zeeland - West Brabant, location Breda.