General Terms and Conditions All About Expats

Introduction

These are the General Terms and Conditions of All About Expats, a trade name of About Backoffice Services, number 30181489. About Backoffice Services is part of the All About Flex Group, number 30181489. About Backoffice Services is a recognized sponsor of the IND and a member of the General Employment Agency (ABU).

Payrolling of highly skilled migrants

The content of these general terms and conditions can largely be traced to the special nature of payrolling, which differs substantially from, for example, the delivery of goods or the acceptance of work. Three parties are involved in payrolling Highly Skilled Migrant s: the user company, the Highly Skilled Migrant and All About Expats. The following is important for a proper understanding of the relationship between all parties involved and the how and why of these general terms and conditions.

A temporary employment contract exists between the Highly Skilled Migrant and All About Expats. This is a special employment contract in which the Highly Skilled Migrant is made available by All About Expats to a user company to perform work under the direction and supervision of this user company. The Highly Skilled Migrant is therefore formally employed by All About Expats. There is no employment contract between the Highly Skilled Migrant and the user company. However, the Highly Skilled Migrant actually works for the user company. Management and supervision of the work are the responsibility of that user company.

The legal position and employment conditions of the Highly Skilled Migrant made available are regulated in the ABU Collective Labor Agreement for Temporary Workers. There is an (agreement of) assignment between the user company and All About Expats, on the basis of which a Highly Skilled Migrant is made available and to which these general terms and conditions apply. In this assignment, agreements are made on matters such as the size of the work, the duration of the assignment and the rate. These agreements are generally agreed or confirmed in writing.

With regard to payrolling of highly skilled migrants, All About Expats only works on the basis of temporary employment contracts without agency clause in combination with a flxed monthly salary. This monthly salary is paid around the 25th of every month. Because the Highly Skilled Migrant must meet the income criteria, the sickness regulation of the ABU CLA (1 waiting day and continued payment of 91%) does not apply. In the event of illness, no waiting days are used and 100% of the wages are paid on.

The duration of the assignment

The duration of the assignment is coordinated as well as possible with the user company. When making Highly Skilled Migrants available, a standard assignment is concluded for a flxed (or unlimited period): this cannot be terminated prematurely, by the user company unless explicitly agreed otherwise;

In all cases, the assigment may be terminated if the other party is culpably not complying with the agreements or is unable to pay (for example in the event of bankruptcy). The assignment also ends when the employment relationship between All About Expats and the Highly Skilled Migrant made available ends, for example because the Highly Skilled Migrant finds a job elsewhere.

Exercise of management and supervision / liability

All About Expats is (partly) dependent on the user company for a number of (legal) obligations arising from the formal employer role. Consider, for example, compliance with the rules regarding working hours, checking the identity of the Highly Skilled Migrant made available and providing a so-called Occupational Health and Safety Document. All About Expats must be able to count on the user company’s cooperation, where necessary.

As stated, management and supervision of the (execution of the) activities by the Highly Skilled Migrant made available to the user company. All About Expats has no influence on the activities and the circumstances under which they are performed. It is therefore the user company who is responsible for the work and the working conditions. The user company is expected to instruct, guide and treat the Highly Skilled Migrant provided as well as his own employees. For example, the Working Conditions Act stipulates that the user company is the “employer” of the Highly Skilled Migrant made available within the meaning of that law. As an extension of this responsibility, the user company is also liable if damage occurs. The user company is therefore advised to check his insurance policy on this.

Rates

The rate of All About Expats to be paid by the user company comprises the costs of labor (wage costs, CLA costs, social contributions, etc.) and a margin for the performance of the services by All About Expats.

The remuneration and other terms and conditions of employment of the Highly Skilled Migrant made available are determined with due observance of the rules in the ABU Collective Labor Agreement regarding the application of hirer’s remuneration.

Pursuant to these rules, every Highly Skilled Migrant made available is entitled to the same pay (such as: salary, wage increases, ADV, allowances and net cost allowances) as employees of the user company doing the same or equivalent work. To determine the correct remuneration, All About Expats is dependent on the information from the user company. The user company must therefore ensure that All About Expats always has (timely) the correct information about (changes in) his remuneration scheme and any salary increases. The rate is also determined or changed based on that information. Since the costs of labor can also increase during an assignment as a result of, for example, (periodic or general) salary increases, CAO changes and changes in premiums, All About Expats is entitled to implement tariff changes during the assignment as a result of such cost price increases.

General Terms and Conditions

Article 1. Scope

  1. These general terms and conditions apply to all offers, quotations, assignments and other agreements of All About Expats insofar as this relates to the provision of Highly Skilled Migrant s to user companies.
  2. Any purchase or other conditions of the user company do not apply.
  3. Agreements that deviate from these general terms and conditions only apply if agreed in writing.

Article 2. Deflnitions

  1. All About Expats: a trade name of About Backoffice Services. All About Expats offers an extensive one-stop-shop service for expats in the areas of, among other things, immigration, payrolling, social security, tax matters, relocation, requests for 30% schemes.
  2. About Backoffice Services BV: the formal employer of the highly skilled migrants made available.
  3. CAO: The Collective Labor Agreement for Temporary Workers, concluded between the ABU and several Dutch Labor Unions.
  4. Recipient’s remuneration: the legally applicable remuneration of an employee employed by the user company, working in a position that is equivalent or equivalent to the position performed by the Highly Skilled Migrant made available:
    • only the applicable period wage in the scale;
    • the applicable reduction in working hours per week / month / year / period. This will be compensated in money;
    • allowances for overtime, shifted hours, irregularity (including public holiday allowance) and shift work allowance;
    • initial wage increase, height and time as determined by the user company;
    • reimbursement of costs (insofar as All About Expats can pay it free from payroll tax and premiums: travel costs, boarding costs and other costs necessary for the performance of the position);
    • periodicals, amount and time as determined by the user company;
  5. Registration of Highly Skilled Migrant Customer: the pre-assignment phase that can precede the employment contract, whereby the user company indicates to All About Expats that a Highly Skilled Migrant wants to be made available.
  6. Highly skilled migrant: highly skilled labor migrant from outside the EEA and Switzerland who may work in the Netherlands on the basis of the Highly Skilled Migrant scheme. The EEA (European Economic Area) consists of countries of the European Union plus Norway, Iceland and Liechtenstein.
  7. Assignment: the agreement between a user company and All About Expats on the basis of which a single highly skilled migrant, as referred to in paragraph 5 of this article, is made available to the user company for All About Expats to perform work under his management and supervision, against payment of the user company rate.
  8. User company: any natural or legal person who has a Highly Skilled Migrant made available to perform work under his guidance and supervision within the framework of an assignment, as referred to in paragraph 7 of this article.
  9. User company Rate: the rate owed by the user company to All About Expats, excluding surcharges, cost reimbursements, one-off payments and VAT. The rate is calculated per hour, unless stated otherwise.
  10. Agreement: every agreement, as well as any change or addition thereto, that is concluded between All About Expats and the user company regarding the provision of services to the user company.
  11. Parties: All About Expats and the user company together.
  12. Temporary employment contract: the employment contract as referred to in Article 7: 690 of the Dutch Civil Code, in which the Highly Skilled Migrant is made available by the All About Expats as an employee to a user company (third party) in the context of the profession or business of All About Expats, such as referred to in paragraph 8 of this article, to perform work pursuant to an instruction given by it to All About Expats under the supervision and direction of the user company as referred to in paragraph 8 of this article.
  13. Proposal: a formal offer to conclude an Agreement.
  14. Posting: the employment of a Highly Skilled Migrant in the context of an assignment.
  15. Backoffice Services for Intermediaries provides the backoffice for intermediaries in the flex industry.

Article 3. Offer, quotations and the agreement

  1. All offers and quotations from All About Expats are entirely without obligation, unless a period for acceptance is stated in the offer. They are valid for 30 days, unless stated otherwise.
  2. All prices in the aforementioned offers, quotations and orders are in Euros (€) excluding VAT and other government levies, unless stated otherwise.
  3. Orders and changes are binding on All About Expats only if they have been accepted by it in writing.
  4. If the acceptance deviates (on minor points) from the offer included in the quotation, All About Expats is not bound by this. The agreement will then not be concluded in accordance with this deviating acceptance, unless All About Expats indicates otherwise.
  5. Offers or quotations do not automatically apply to future assignments.

Article 4. Execution of the agreement

  1. All About Expats will use the knowledge and experience of its employees to execute the agreement to the best of its knowledge and ability. However, results of services provided cannot be guaranteed.
  2. All About Expats determines how and by which person the assignment will be carried out.
  3. User company timely provides All About Expats with all necessary information and provides All About Expats with all – reasonably required – cooperation in order to enable All About Expats to properly execute the agreement.
  4. All About Expats can fully or partially transfer the execution of the agreement to (a) third party / parties. All About Expats will communicate this to the user company.
  5. User company will not undertake any activities that (negatively) influences the execution of the agreement by All About Expats.
  6. The periods agreed between the parties, with the exception of payment periods, only apply as target periods. Simply exceeding these periods does not legally put All About Expats in default.

Article 5. Personal data of the Highly Skilled Migrant made available

  1. Parties will treat all registered personal data of a highly skilled migrant, which are made known before and during the posting, confidentially and with due observance of the applicable privacy legislation, including the General Data Protection Regulation (GDPR). This means, among other things, that the parties may only record and use the personal data for the purposes for which they were provided, such as registering the highly skilled migrants made available, the identification of the highly made highly skilled migrants made, the realization, execution and termination of assignments, the implementation of laws and regulations and for internal management information.
  2. The User company will inform the Highly Skilled Migrant who has been made available of any personal data registered about him or her and the way in which, when and for what purpose (s) this data is processed.

Article 6. Registration of Highly Skilled Migrant and working procedure

  1. The user company reports the Highly Skilled Migrant he has recruited and selected to All About Expats by means of a (digital) “Highly Skilled Migrant registration form” from All About Expats that he has correctly completed. Only after receiving a complete “Highly Skilled Migrant registration form – customer” All About Expats can prepare the employment contract and, if applicable, start the application for a residence permit at the IND.
  2. All About Expats reserves the right not to process a completed “Highly Skilled Migrant registration form” (and therefore not to enter into an employment contract with the Highly Skilled Migrant and not to apply for a residence permit). Filling in and sending the “Highly Skilled Migrant registration form” does not create an employment contract between the Highly Skilled Migrant and All About Expats. The employment contract is only concluded after All About Expats has confirmed this in writing or digitally by means of the confirmation of assignment.
  3. The user company ensures that All About Expats is fully informed about any employment history of the Highly Skilled Migrant at the user company before the employment contract is entered into. If the user company provides incorrect and / or incomplete information about the employment history of the Highly Skilled Migrant to the user company, then the user company will compensate All About Expats for all damage suffered and / or to be suffered as a result of that incorrect and / or incomplete information.
  4. The user company must carefully check the original proof of identity of the Highly Skilled Migrant for authenticity and validity. The identity of the Highly Skilled Migrant must also be checked (in connection with the aspect of personal change). The user company then records a legible copy of the proof of identity (in the case of an identity card, the front and back must be copied) and the work permit (if applicable) in its own records.
  5. All About Expats is not responsible or liable for any fine that may be imposed on the user company under the Aliens Employment Act.
  6. All About Expats is not liable for damage resulting from the deployment of highly skilled migrants who do not appear to meet the requirements set by the user company.
  7. All About Expats is not liable for damage if the IND rejects the application for a residence permit, regardless of the reason.
  8. All About Expats is not liable for damage if the application for a residence permit is delayed, regardless of the reason.

Article 7. The assignment and the posting

  1. The assignment is entered into for a definite period of time, unless agreed otherwise in writing. The fixed-term assignment ends by operation of law by the expiry of the agreed time or by the occurrence of a predetermined objectively determinable event.
  2. End of assignment
    1. Premature termination of the assignment for a definite period is not possible, unless agreed otherwise in writing. One exception applies to this; If a probationary period is included in the employment contract between the Highly Skilled Migrant and All About Expats and All About Expats can still terminate the employment contract during this probationary period, the user company may terminate the assignment during this probationary period.
    2. Each assignment ends immediately due to dissolution at the time that one of the parties invokes the dissolution of the assignment because:
      • the other party is in default and that default has not been repaired even within a reasonable period of time to be granted;
      • the other party has been liquidated;
      • the other party has been declared bankrupt or has applied for a moratorium.
    3. If All About Expats invokes the dissolution on one of these grounds, the conduct of the user company on which the dissolution is based, the request of the user company is decided to terminate the provision. This does not lead to any liability of All About Expats for the damage that the user company suffers as a result. As a result of the dissolution, the claims of All About Expats will become immediately due and payable.
  3. End of provision
    1. The end of the assignment means the end of the posting. Termination of the assignment by the user company implies the user company’s request to All About Expats to terminate the current assignment (s) on the date on which the assignment was legally terminated or against which the assignment was legally dissolved.
    2. he assignment will end by operation of law if and as soon as All About Expats can no longer make the Highly Skilled Migrant available, because the employment agreement between All About Expats and the Highly Skilled Migrant has ended and this employment agreement is not subsequently continued for the same user company. In this case, All About Expats is not accountably in default towards the user company, nor is it liable for any damage that the user company suffers as a result.

Article 8. Suspension right

  1. The user company is not entitled to temporarily suspend all or a part of the employment of the Highly Skilled Migrant made available, unless there is force majeure within the meaning of article 6:75 of the Dutch Civil Code.
  2. If the user company temporarily has no work for the Highly Skilled Migrant made available or is unable to employ the Highly Skilled Migrant made available, the user company is obliged to pay All About Expats the user company rate in full for the duration of the assignment.

Article 9. Size of work, working hours, training

  1. The working hours, the working hours and the rest periods of the Highly Skilled Migrant made available are the same as the usual times and hours at the user company, unless otherwise agreed. The user company guarantees that the working hours and the rest and working hours of the Highly Skilled Migrant made available meet the legal requirements. The user company ensures that the Highly Skilled Migrant provided does not exceed the working hours permitted by law.
  2. The user company must ensure that the agreed scope of work, the number of hours the posted Highly Skilled Migrant works per period, is not exceeded. If the Highly Skilled Migrant provided is deployed on a structural basis for more hours than agreed in the confirmation of assignment, this may lead to an extension of the agreed scope of work (including on the grounds of Article 7: 601b of the Dutch Civil Code). In that case, All About Expats will adjust the scope of work agreed with the user company (with retroactive effect if necessary). From the commencement date of that adjustment, the user company will then pay the user company rate for this new scope of work.
  3. If the Highly Skilled Migrant provided requires training or work instructions for the execution of the assignment, the hours that the provided Highly Skilled Migrant devotes to this training will be charged to the user company as worked hours.
  4. If the Highly Skilled Migrant made a request for a reduction or increase in the size of the workforce, after consultation between the user company and All About Expats, the size of work agreed with the user company will be adjusted in accordance with the wishes of the Highly Skilled Migrant made available provided that they comply to the standard set with regard to the residence permit of the Highly Skilled Migrant made available. Unless there are compelling business interests, such at the discretion of All About Expats, not to agree with the request of the Highly Skilled Migrant made available.

Article 10. Holidays, ADV, leave and public holidays

Holidays

  1. In accordance with the ABU Collective Labor Agreement, the Highly Skilled Migrant made available is entitled to 16 hours of vacation per month with fulltime employment. This amounts to 25 vacation days annually.
  2. The user company enables the Highly Skilled Migrant made available to take the applicable vacation days. The vacation days to be taken are determined by mutual agreement between the user company and the highly skilled migrant. In the event of disagreement about this, the user company immediately informs All About Expats. The user company owes the user company rate for the holiday hours taken up by the highly skilled migrant. In addition to All About Expats, the user company will also register the vacation days themselves. Also, if the Highly Skilled Migrant made available has a credit for vacation days at the end of the employment contract, this credit will be paid to the highly skilled Highly Skilled Migrant and invoiced to the user company.

ADV (Work Time Reduction)

  1. The Highly Skilled Migrant made available is entitled to the same number of regular ADV days as the employee in the same or equivalent position in the service of the user company. The ADV days can be compensated in cash as standard. The ADV days are compensated in money by means of a supplement to the gross (hourly) wage of the Highly Skilled Migrant made available. This surcharge is included in the basis for the calculation of the user company rate.
  2. The user company will inform All About Expats in writing, before the start of the work, via the registration form, about the number of applicable ADV days for the Highly Skilled Migrant made available.

Public Holidays

  1. The Highly Skilled Migrant made available is entitled to continued payment of the hirer’s remuneration during the same public holidays as the employee working in an equal or equivalent position in the service of the user company. The Highly Skilled Migrant made available is in any case entitled to continued wage payment during the generally recognized public holidays, insofar as these do not fall on Saturdays and / or Sundays and work is not done due to that public holiday. Public holidays are understood to mean: New Year’s Day, Easter Monday, Ascension Day, Whit Monday, 1st and 2nd Christmas Day, Queen’s Day or the day that replaces it, and Liberation Day in anniversary years.
  2. If as a result of a public holiday, the Highly Skilled Migrant made available has not been able to work, the user company will owe the user company’s rate for these non-worked days if it concerns a generally recognized public holiday.
  3. In the following cases, the user company also pays the user company rate on public holidays, the Highly Skilled Migrant made available cannot work because of a different public holiday applicable to the user company, not being a generally recognized public holiday (for example, 1 May or a non-Christian public holiday);

Short absence and special leave

  1. The Highly Skilled Migrant made available is entitled to continued payment of the hirer’s remuneration during special leave and short-term absence as defined in the ABU CAO. If the Highly Skilled Migrant made available legally takes exceptional leave or short-term absence, the user company pays the user company rate for those hours.

Short-term care leave

  1. According to the law, the Highly Skilled Migrant made available has the right to take (up to twice the work size per week per week) leave to care for a sick child, a sick partner or a sick parent. The leave may only be taken if and as long as this is necessary. It must be possible to demonstrate the necessity of the leave afterwards. If the employee legitimately takes short-term care leave, the user company pays the user company rate for those hours.

Holiday allowance

  1. The Highly Skilled Migrant made available is entitled to holiday allowance according to the ABU CLA, currently of 8% of the actual wage. The holiday allowance is included in the user company rate.

Article 11. Company closures and mandatory days off

  1. The user company must inform All About Expats when entering into the assignment about possible company closures and collective mandatory days off during the term of the assignment, so that All About Expats can, if possible, make this circumstance part of the employment contract with the available highly skilled Highly Skilled Migrant.

Article 12. Continued payment in the event of illness and (long-term) disability

  1. If, due to illness or (long-term) incapacity for work, the Highly Skilled Migrant made available was unable to work, the user company will owe the user company rate for these hours not worked. Unless the user company has opted for a payroll variant in which the health risk – after a period of deductible – is taken over by All About Expats. If this variant has been chosen, this will be stated in the order confi rmation.

Article 13. Position and remuneration

  1. Through the digital “Highly Skilled Migrant registration form – customer”, the user company provides a detailed description of the position to be performed by the provided Highly Skilled Migrant and the corresponding classification in the remuneration scheme of the user company.
  2. The remuneration of the Highly Skilled Migrant made available, including any allowances (such as overtime, shift work, special times or days and / or shifted hours), cost allowances and one-off benefits, is determined in accordance with the Collective Labor Agreement and the Terms and Conditions of Employment (including ithe provisions regarding hirer’s remuneration) and the applicable laws and regulations, based on the job description provided by the user company.
  3. If at any point in time it appears that those job descriptions and the associated job classification do not correspond to the job actually performed by the Highly Skilled Migrant made available, the user company will immediately provide All About Expats with the correct job description with associated job grading. In addition to a report to the IND, the reward of the Highly Skilled Migrant made available must then also be determined by the user company on the basis of the new job description. The position and / or grading can be adjusted during the assignment if the Highly Skilled Migrant made available to that adjustment reasonably relies on an appeal to legislation and regulations, the ABU CAO, the CAO of the user company and / or hirer’s remuneration. If the adjustment leads to a higher remuneration, All About Expats corrects the remuneration of the Highly Skilled Migrant and the user company rate accordingly. The user company owes All About Expats this adjusted rate from the moment of performing the actual function.
  4. The user company will provide All About Expats with information about all elements of the hirer’s remuneration referred to in Article 2, paragraph c, prior to the commencement of the work (with regard to the amount and time of initial wage increases; only if known at that time).
  5. The user company informs All About Expats in a timely manner and in any case immediately upon becoming aware of changes in hirer’s remuneration and of established initial salary increases.
  6. Failure, incomplete or incorrect communication by the user company of the job and reward schemes requested and required for All About Expats as they apply to the user company is at the user company’s expense and risk. The user company indemnifles All About Expats for all (possible) resulting damage and / or costs.

Article 14. Performance interviews

  1. The user company must regularly hold a performance or coaching interview with the Highly Skilled Migrant made available. The user company makes a report of these conversations in English and hands over a copy to the Highly Skilled Migrant and to All About Expats. In addition, the user company must at least once a year – or once during the assignment if it lasts less than a year – to conduct an assessment or evaluation interview with the Highly Skilled Migrant made available. The user company fills out an assessment form and gives a copy thereof to the Highly Skilled Migrant and to All About Expats.

Article 15. Labor disputes

  1. If problems arise between the user company and the Highly Skilled Migrant made available, the user company immediately informs All About Expats. The user company and All About Expats can then, in good consultation, determine which measures can and should reasonably be taken. Only All About Expats as an employer may dismiss the Highly Skilled Migrant made available or impose another measure on him. All About Expats will only proceed to this at the moment that it is entitled to do so, on the basis of the law and case law. Moreover, the reason for imposing the measure must be sufficiently demonstrable, at the discretion of All About Expats. If the provided Highly Skilled Migrant acts or fails to act in such a way that the user company cannot reasonably be expected to continue the assignment and the employment relationship between the provided Highly Skilled Migrant and All About Expats can thereby be terminated, All About Expats can grant the user company permission give the assignment to end prematurely. All About Expats can attach conditions to the granting of said permission. For example, the payment of a fee that All About Expats must pay the Highly Skilled Migrant made available upon termination of the employment relationship.

Article 16. Working conditions

  1. The user company declares that he is aware of the fact that he is classified as an employer in the Working Conditions Act.
  2. The user company is responsible vis-à-vis the Highly Skilled Migrant and All About Expats made available for compliance with the obligations arising from Section 7: 658 of the Dutch Civil Code, the Working Conditions Act and the related regulations with regard to safety at work and good working conditions in general.
  3. The user company is obliged to provide the Highly Skilled Migrant made available in writing in a timely manner, at least one working day before commencement of the work, about the required professional qualifications and the specific characteristics of the job to be occupied. The user company provides active information to the Highly Skilled Migrant with regard to the Risk Inventory and Evaluation (RIE) used within his company.
  4. If the Highly Skilled Migrant who is made available has an industrial accident or an occupational disease, the user company will, if required by law, immediately inform the competent authorities and ensure that a written report is drawn up without delay. The report sets out the circumstances of the accident in such a way that it can be determined with reasonable certainty whether and to what extent the accident was the result of insuffi cient measures being taken to prevent the accident or the occupational disease. The user company informs All About Expats as soon as possible about the industrial accident or occupational disease and submits a copy of the prepared report.
  5. The user company will compensate the Highly Skilled Migrant made available – and indemnify All About Expats against – all damage (including costs including the actual costs of legal assistance) suffered by the Highly Skilled Migrant made available in the context of the performance of his work, if and to the extent that the user company and / or All About Expats are liable for this on the basis of Article 7: 658 and / or Article 7: 611 of the Dutch Civil Code. If the industrial accident leads to death, the user company is obliged to compensate the damage (including costs including the actual costs of legal assistance) to the persons named in that article in accordance with Article 6: 108 of the Dutch Civil Code.
  6. The user company will take out adequate insurance against liability based on the provisions of this article. At the request of All About Expats, the user company provides proof of insurance.

Article 17. Obligations with regard to the Labor Force Allocation Act

  1. The user company expressly declares that he is aware of Article 8a of the Labor Force Allocation Act and ensures that temporary employees have equal access to the business facilities or services in his company, in particular canteens, childcare and transportation facilities, as employees employed by them. employed in equal or equivalent positions, unless the difference in treatment is justified for objective reasons.
  2. The user company expressly declares that he is familiar with Article 8b of the Workforce Allocation Act and ensures that vacancies created within his company are timely and clearly notified to the temporary worker, so that he has the same chances of an employment contract of indefinite duration as the employees of that company.

Article 18. Prevention of unacceptable discrimination

  1. The user company is not permitted to make unauthorized discrimination, in particular on the basis of religion, philosophy of life, political affiliation, gender, race, nationality, heterosexual or homosexual orientation, marital status, disability, chronic illness, age or any other reason for the purpose of with regard to the Highly Skilled Migrant made available. The user company indemnifies All About Expats for the possible consequences of an unauthorized distinction made by him.

Article 19. User company rate

  1. The user company rate payable to All About Expats by the user company is calculated by multiplying the agreed flxed monthly salary of the Highly Skilled Migrant made available by the agreed conversion factor. The user company rate is multiplied by the allowances (such as allowances for overtime, work in shifts, and if applicable ADV allowance) and increased by the (cost) allowances and oneoff payments that All About Expats owes to the highly skilled migrant. A one-off payment will be charged to the user company as a lump sum at the time that payment is made to the highly skilled migrant, unless it has been agreed in writing with the user company that the amount of the flxed one-off payment is discounted in the user company rate.
  2. VAT will be charged on the user company rate, the surcharges, (cost) reimbursements and one-off payments.
  3. The user company rate is not dependent on the result of the work performed.
  4. All About Expats is entitled to adjust the user company rate, the surcharges, the cost reimbursements and one-off payments during the term of the assignment, if the costs of temporary agency work increase:
    • as a result of a change in the employment conditions, the collective labor agreement, the collective labor agreement applicable at the user company or the wages arranged for this;
    • as a result of changes in or as a result of laws and regulations, including changes in or as a result of social and tax laws and regulations or any binding regulation;
    • as a result of a (periodic) wage increase and / or a (one-off) mandatory payment, arising from the CAO, the collective labor agreement applicable to the user company and / or employment conditions regulation and / or legislation and regulations;
    • Furthermore, All About Expats is entitled to adjust the user company rate in the interim, in accordance with the third paragraph, in accordance with the CBS index Contractual wage costs per hour (business services), to compensate for the cost increases associated with the performance of the services by All About Expats;
    • All changes to the user company rate will be announced by All About Expats to the user company as soon as possible and confirmed in writing to the user company. If for some reason that is attributable to the user company the remuneration and / or the user company rate is / are determined too low, All About Expats is also entitled to retroactively bring the reward and the user company rate to the correct level afterwards. All About Expats can also charge the user company for what it has paid too little and the costs incurred by All About Expats as a result.
    • All About Expats can change the user company rate if during the execution of the work it appears that the originally agreed or expected amount of work (in practice) requires such more work and time that it is not reasonably possible for All About Expats to expect the agreed work performed at the originally agreed user company rate. The change is entirely at the discretion of All About Expats.

Article 20. Payment and invoicing

  1. Unless otherwise agreed, the user company is obliged to authorize All About Expats to debit the amounts owed by the user company to All About Expats from his Dutch bank account by direct debit. As long as the user company uses the services of All About Expats, the user company is not entitled to withdraw this authorization at any time without prior written permission from All About Expats.
  2. The amounts owed by the user company will be collected approximately 14 calendar days after the sending date of the relevant invoices. The user company must always ensure that there is a sufficient balance in his bank or giro-account to enable the direct debit to be executed.
  3. If All About Expats and the user company have agreed that payment does not have to be made by direct debit, the user company is obliged to settle every invoice from All About Expats within 14 calendar days of the invoice date.
  4. If the direct debit has not been successful or if an invoice has not been paid within the period referred to in paragraph 3, the user company will be legally in default from the flrst day after the payment term has expired and an interest of 3% per calendar month will be payable on the outstanding amount, whereby a part of a month is charged for a full month. The copy in possession of All About Expats of the invoice sent by All About Expats to the user company serves as complete proof of the interest owing and the day on which the interest calculation starts.
  5. Only payments to All About Expats have a liberating effect. Payments made by the user company to a highly skilled migrant, under whatever title, are nonbinding on All About Expats and cannot provide grounds for debt settlement or settlement.
  6. If the user company disputes all or part of the invoice, he must report this to All About Expats in writing within 14 calendar days after the invoice date, stating the exact reasons. After this period, the user company’s right to dispute the invoice expires. The burden of proof regarding timely dispute of the invoice rests on the user company. Disputing the invoice does not release the user company from his payment obligation.
  7. The user company is not authorized to set off the invoice amount, irrespective of whether or not it disputes this, against a counterclaim that may or may not be justified and / or to suspend payment of the invoice.
  8. If, in the opinion of All About Expats, the financial position and / or payment behavior of the user company gives cause for this, the user company is obliged to provide an advance and / or adequate security by means of a written request from All About Expats. bank guarantee, pledge or otherwise, for his obligations towards All About Expats. Security can be requested for both existing and future obligations, an advance only for future obligations. The scope of the requested security and / or the requested advance must be in proportion to the scope of the relevant obligations of the user company.
  9. If the user company does not meet his (payment) obligations or does not provide the advance referred to in paragraph 8 or does not provide the requested security within the period set by All About Expats, the user company is in default without further notice of default being required and All About Expats is therefore entitled to suspend the execution of all its obligations or to request the dissolution of all orders from the user company. This does not lead to any liability of All About Expats for damage that the user company suffers as a result.
  10. All judicial and extrajudicial (collection) costs, as well as any cancellation costs, that All About Expats incurs as a result of the user company’s failure to fulfill his obligations under this article, are entirely at the expense of the user company. The reimbursement for extrajudicial costs is fixed at 15% of the principal due including VAT and interest (with a minimum of € 250 per claim), unless All About Expats has demonstrably incurred more costs. The fixed fee will always be due by the user company as soon as the user company is in default and will be charged without further proof.

Article 21. Good management, supervision and liability

  1. The user company will behave towards the Highly Skilled Migrant in the exercise of management and supervision, as well as with regard to the execution of the work, in the same careful manner as he is obliged to with regard to his own employees.
  2. The user company is not allowed to ‘pass on’ the Highly Skilled Migrant to a third party without permission; that is to make available to a third party for the performance of work under the supervision and direction of this third party. Loan is also understood to mean that the principal makes a Highly Skilled Migrant available to a (legal) person with whom the principal is affiliated in a group (group).
  3. The user company can only employ the Highly Skilled Migrant in deviation from the provisions of the assignment and the conditions, if All About Expats and the Highly Skilled Migrant have agreed to this in writing in advance. All job changes will be communicated to the IND by All About Expats. All About Expats is not liable for the withdrawal of a residence permit based on a job change from the user company.
  4. Employment of the Highly Skilled Migrant abroad by a user company established in the Netherlands is only possible under the strict management and supervision of the user company and for a limited period of time, if this has been agreed in writing with All About Expats and the Highly Skilled Migrant has agreed in writing.
  5. The user company will compensate the Highly Skilled Migrant for the damage that he or she suffers because an item belonging to him, used in the context of the assigned work, has been damaged or destroyed.
  6. All About Expats is not liable vis-à-vis the user company for damages and losses to the user company, third parties or to the Highly Skilled Migrant itself that result from acts or omissions of the highly skilled migrant.
  7. All About Expats is not liable vis-à-vis the user company for commitments that Highly Skilled Migrant s have entered into with or that have arisen for them vis-à-vis the user company or third parties, with or without the user company’s consent or those third parties.
  8. The user company indemnifles All About Expats for all liability (including costs including the actual costs of legal assistance) of All About Expats as employer of the Highly Skilled Migrant – directly or indirectly – with regard to the damages referred to in paragraphs 5, 6 and 7 of this article , losses and commitments.
  9. The user company will, insofar as possible, take out adequate insurance against liability based on the provisions of this article. At the request of All About Expats, the user company provides proof of the insurance.

Article 22. Delivery times

  1. Any periods specified in the agreement within which the work must be carried out are only approximate and not strict deadlines. Exceeding such a term therefore does not result in an attributable shortcoming on the part of All About Expats. and therefore no grounds for termination of the agreement. The User company may, if such a term is exceeded, set a new reasonable term within which All About Expats must have performed the agreement, barring force majeure.

Article 23. Obligation of best efforts and liability

  1. All About Expats is required to make every effort to properly execute the assignment. If and insofar as the All About Expats does not comply with this obligation, All About Expats, with due observance of the provisions in paragraphs 2) and 3) below and elsewhere in these general terms and conditions, is obliged to compensate the resulting damage to the user company. , provided that the user company submits a written complaint in this regard to All About Expats as soon as possible, but no later than three months after the occurrence or becoming known of this damage, thereby demonstrating that the damage is the direct result of an attributable shortcoming on the part of All About Expats.
  2. All liability of All About Expats is limited to the user company rate charged by All About Expats to the user company for the execution of the assignment, such as for the agreed number of working hours and the agreed duration of the assignment up to a maximum of three months. The maximum amount to be paid by All About Expats will in no case exceed the amount to be paid by its insurance.
  3. Liability of All About Expats for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption, is excluded in all cases.

Article 24. Intellectual and industrial property on works of Highly Skilled Migrants made available

  1. All About Expats will have the highly skilled migrants it has made available, at the request of the user company, have a written statement signed to ensure – to the extent necessary and possible – that all intellectual and industrial property rights on the results of the work of the Highly Skilled Migrant made available or (will be) transferred to the user company. If All About Expats in connection with this, a fee is owed to the Highly Skilled Migrant made available or must otherwise incur costs, the user company owes All About Expats an equal fee or equal costs.
  2. The user company is free to enter into an agreement directly with the Highly Skilled Migrant who has been made available or to submit a declaration for signature with regard to the intellectual and industrial property rights referred to in paragraph 1.
  3. All About Expats is not liable to the user company for a fine or periodic penalty payment that forfeits the Highly Skilled Migrant made available by it or any damage suffered by the user company as a result of the fact that the Highly Skilled Migrant or a third party made available invokes any intellectual property right and / or industrial property.

Article 25. Confidentiality

  1. All About Expats and the user company will not disclose to third parties any confidential information from or about the other party, its activities and relationships that came to their knowledge as a result of the assignment, unless – and in so far as – the provision of that information is necessary to be able to properly carry out the assignment or have a legal obligation to disclose them.
  2. All About Expats will, at the request of the user company, oblige the Highly Skilled Migrant made available to it to observe secrecy with regard to everything that is known or perceived when performing the work, unless the Highly Skilled Migrant provided has a legal obligation to disclose. The user company is free to oblige the Highly Skilled Migrant provided directly to confidentiality.
  3. All About Expats is not liable for a fine, periodic penalty payment or any damage suffered by the user company or a third party as a result of breach of this obligation of confidentiality by the Highly Skilled Migrant made available.

Article 26. Force majeure

  1. In the event of force majeure on the part of All About Expats, its obligations under the agreement will be suspended as long as the force majeure situation continues. Force majeure is understood to mean any circumstance that is independent of the will of All About Expats that continues or temporarily prevents the fulfillment of the agreement and which must be for its account neither by law nor by standards of reasonableness and fairness.
  2. Insofar as this is not already understood, force majeure also means: strike, company occupation, blockades, embargo, government measures, war, terrorist attacks, power failures, flooding, water damage, flooding, earthquakes and other natural disasters, disruptions in communication lines, flre, explosion and other calamities and diseases of an epidemiological nature among staff.
  3. As soon as a situation of force majeure occurs at All About Expats, as referred to in the first paragraph of this article, it will notify its user company thereof.
  4. In case of force major as referred to in paragraph 1, All About Expats has the right to cancel the agreement with the user company in whole or in part, such as a simple notification to the user company without judicial intervention and without All About Expats regarding the All About Expats Due to the cancellation any damage suffered to any compensation is mandatory. Insofar as All About Expats has in the meantime partially fulfilled its obligations under the agreement or will be able to fulfill it, part to be achieved by independent value, All About Expats is entitled to declare the part already fulfilled or to be fulfilled separately. User company is obliged to pay this invoice as if it were a separate agreement.

Article 27. Disputes

  1. All disputes arising from or related to a legal relationship between the parties to which these general terms and conditions apply will in the first instance be settled exclusively by the competent court in Amsterdam.

Article 28. Final provision

  1. If one or more provisions of these general terms and conditions are invalid or destroyed, the assignment and the general terms and conditions will remain in force for the remainder. The provisions that are not legally valid or cannot be legally applied will be replaced by provisions that are as close as possible to the scope of the provisions to be replaced

Additional articles for Intermediaries

Article 29. Intermediary

  1. The intermediary is bound to All About Expats B.V. adequately and immediately inform about all matters concerning the client and the assignment that may be important for the execution of the assignment.
  2. Even if an intermediary is involved in the realization of the assignment, the user company must ensure that cancellations, complaints and all other notifications regarding the execution of the assignment are addressed to All About Expats.
  3. All About Expats is neither liable to the client nor to any other third parties for errors made by the intermediary.
  4. Unless otherwise agreed, the fee / fee from the intermediary is deemed to be included in the fee. Only with written permission from All About Expats the user company is entitled to pay the fee / fee for brokerage services directly to the intermediary.
  5. If the intermediary provides All About Expats requests a longer payment period than 14 days vis-à-vis the client, All About Expats entitled to have a creditworthiness test carried out.
  6. The User company is never entitled to settle his claims against the intermediary with the payments made by All About Expats amounts invoiced.
  7. The intermediary is only entitled to the fee / fee stipulated by him, if and insofar as the user company pays the fee and / or by the All About Expats has fully paid the required reimbursements within the payment period. In the case of the user company towards All About Expats is in default, All About Expats reclaim any compensation / fee paid in advance to the intermediary as unduly paid and / or set off against any claim of the intermediary against All About Expats.
  8. In the case of All About Expats through the intermediary of the intermediary on behalf of the user company entering into a fixed-term employment contract without a temporary employment contract or an employment contract for an indefinite period, the intermediary is responsible for the fee to be paid by the user company.
  9. In the event that the broker fulfills his obligations towards All About Expats and / or the client has not complied with and the client refuses to pay the fee, the intermediary is obliged on first request to All About Expats B.V to pay a fee equal to the full fee, less the fee / fee to be paid to the intermediary. All About Expats B.V. is entitled to set off claims under this provision against any claim of the intermediary against All About Expats.
  10. Agreements between Intermediary and All About Expats with regard to daily activities and responsibilities are laid down in a so-called “cooperation agreement”.