Introduction to and explanation of the General Terms and Conditions
The General Terms and Conditions of Flexia Agency apply to the recruitment, selection and staffing(and related services) unless otherwise agreed or confirmed.
There is between Principal and Flexia Agency a assignment agreement to which these terms and conditions apply. The most important topics from the general terms and conditions are briefly explained below.
Recruiting and Selecting
The recruitment and / or selection can be based on staffing or on the direct appointment of the candidate with your organization. This depends on your wishes.
In both cases, Flexia Agency will endeavor to find a suitable candidate for you, which will work for you for the agreed period. In this context, Flexia Agency will do its utmost to honor the wishes of its Principals, such as those regarding training, skills and availability. However, the labor market is too fluctuant to guarantee complete fulfillment. In addition, Flexia Agency is dependent on the Principals, the nature of the job and the wishes of the candidate. The Principal decides whether to employ a candidate nominated by Flexia Agency on a temporary staffing basis, secondment basis or a fixed appointment in its organisation.
If Flexia Agency’s recruitment and / or selection efforts lead to an employment relationship between the Principal and the candidate, the Principal will then pay a one-off fee.
When staffing / secondment, the rate for recruitment and / or selection is included in the hourly rate. If Flexia Agency wants to recoup its investments in recruitment, selection and binding of employees, it is then necessary that the employee can be made available to you for some time. Therefore, there is a minimum time limit before the Principal can hire an in-house employee itself. If the Principal wants to hire the employee prior to reaching the minimum time limit, then he can. The Principal will then be charged a fee.
Staffing and Secondment
The content of these terms and conditions is largely based on the special nature of the employment relationship, which, for example, differs significantly from the delivery of goods or the acceptance of work. These employment relationships involve three parties: the principal, the employee and the employment agency. For a good understanding of the relationship between all parties involved and the how and why of these terms and conditions, the following is important.
A temporary employment contract exists between the employee and Flexia Agency. This is a special employment agreement, whereby the employee is offered by Flexia Agency to undertake work under guidance and supervision of the Principal. The employee is thus formally employed by Flexia Agency. The employee is employed on the basis of a temporary employment contract with a staffing agreement, an employment contract for a certain or indefinite period. As long as the staffing agreement is applicable, the employment contract ends when you terminate contract (or in case of sick leave). If the employee is employed on the basis of a temporary employment contract, either with or without a termination date, the end of the posting does not automatically mean the termination of the agreement between the employee and Flexia Agency. Generally speaking, it is referred to as ‘secondment’.
In the general terms and condition, you will not find this term. It is affiliated with the legal terminology (“employment contract”, “posting”). The legal status of the employee is governed by Book 7A of the Civil Code of the Kingdom of Curaçao. Between the Principal and Flexia Agency there is an assignment agreement on the bases of which an employee is made available to the Principal. There is no (labor) agreement between the employee and the Principal. However, the employee is actually working for the Principal. It is the principal’s responsibility to provide the necessary daily guidance and supervision of the performed work.
Exercise of guidance and supervision / liability
Each employment agency is subject to a number of (legal) obligations, which result from the formal employers’ role, dependent of the Principal. Consider for example the termination of the posting ‘at the request of the Principal’, compliance with the rules regarding working hours, providing information about the function and your remuneration scheme and providing a so called ‘Arbodocument’ to the employee. Flexia Agency must be able to count on the Principals cooperation as necessary.
As mentioned above, guidance and supervision of the (execution of) work by the employee is the principal’s responsibility. Flexia Agency does not affect the work and the circumstances under which it is performed. The Principal is therefore responsible for the work and working conditions. The Principal is deemed to instruct, assist and treat a Flexia Agency employee as its own employees. For example, the Labor Conditions Act stipulates that the principal is considered to be the employer of the employees provided to him. In addition to this responsibility, the principal is also liable for damage. We advise the principals to check their insurance policy and, if necessary, adjust it.
In conjunction with our recruitment, selection and staffing services, Flexia Agency can also provide additional services.
On request, Flexia Agency can also provide the planning of the Principals flexible staff. The principal indicates where and when he needs an employee for a particular function. Flexia Agency will then search for a suitable candidate and arrange the planning. The planning will be presented digitally. It is up to the Principal to check and agree with the planning.
Sometimes you will get – requested or unsolicited – suggestions or tips from Flexia Agency, for example regarding the use of flexible staff. For a more comprehensive advice we would have to comet to an agreement and put it in writing. This could also be done digitally. Tips and advice are meant to inform you and support you in your business. It is up to you if you follow the given advice. But even if you do, we cannot guarantee that your intended goal will always be achieved. This is dependent on several factors, where Flexia Agency does not always have an influence.
The duration of the assignment
The duration of the assignment will be best matched with the Principal. There are two options:
- A fixed term assignment (“fixed time”): this can not be terminated in the meantime unless explicitly agreed upon
that this may be possible;
- An assignment for an unknown period (“indefinite period”): This can always be terminated – with due notice of termination – unless it is agreed that for a certain period of time it is not possible.
The notice period depends on the service and duration of the (extended) assignment, 15 or 30 days. Recruitment and selection assignments are immediately cancelable. In all cases, the contract may terminate if the other party is not liable to comply with the agreements (eg in case of bankruptcy). The assignment also ends when an employment relationship between Flexia Agency and the employee ends, for example, because the employee finding a job elsewhere.
In the temporary staffing, the fee payable by the principal will include the cost of temporary employment (labor costs, wage tax, social security contributions, etc.) and a margin. The remuneration and other terms of employment of the employee are determined in accordance with local laws and regulations. Based on this, every employee – in principle – is entitled to the same reward (limited to: salary, wage increases, ATVs, surcharges and fees) as your own employees who perform the same or equivalent work.
In order to determine the right reward, Flexia Agency is dependent on the Principals information about the function, applicable remuneration scheme and any wage increases. On the basis of that information, the rate is stated and changed.
As the (expected) expense of temporary employment may also increase during an assignment due to – for example – (periodic or general) wage increases, collective bargaining changes, changes in premiums or an increase in and / or to be incurred by the Flexia Agency Provisions for training, absenteeism and the like, Flexia Agency is entitled to implement tariff changes as a result of such cost price increases during the assignment.
Recruitment and selection (based on a contract between the Principal and the candidate) will be reimbursed once by a one-off fee. When planning it is usually an hourly rate and advice on a rate per hour or day (part).
The rates can be indexed annually in connection with a (expected) increase in the overall cost of operations.
If certain fees are charged to you, they will only increase if the relevant fee is actually increased.
Payment and billing
In the case of staffing and secondment, payment and billing will be done on the basis of the time account. The principal is responsible for the accuracy of the information contained therein. Typically, the time account takes place digitally. The principal will then receive hourly listings by mail. These are based on the timekeeping provided by the employees, unless Flexia Agency also takes care of the planning. In that case, the hourly overview is based on the planning. It is important that the Principal checks and, if necessary, correct the hourly overview / realised planning by the Monday following the end of the working week, to which this statement relates. If the Principal does not do so on time, we assume that the offered hourly statements are agreed and will be paid forward and billed accordingly. If Flexia Agency also takes care of the planning, we will ask you to approve the planning – in time – actively.
To keep the cost of pre-financing in hand, Flexia Agency has a payment period of seven (7) days. Recruitment and selection and other services are subjected to this term.
In the case of advisory assignments, the Principal will (partially) be billed in advance monthly.