Common use of Misuse of entitlement Clause in Contracts

Misuse of entitlement. A misuse of entitlement and therefore the wrongful non-application of article 19, paragraph 5 under b. of this Collective Labour Agreement may be deemed to have occurred if the tem- porary agency worker either performs the same or practically the same work, with regular breaks between deployment, through the same private employment agency for different hir- ing companies, in the same field covered by this Collective Labour Agreement, or performs the same or practically the same work for the same user company through different private employment agencies and because of the aforementioned changes, the temporary agency worker fails to fulfil the criteria set forth in article 19, paragraph 5 under b. of this Collective Labour Agreement. If the temporary agency worker asserts this and demonstrates it to be the case, it is up to the private employment agency to prove that there has been no misuse of entitlement.

Appears in 3 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement, Collective Labour Agreement

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Misuse of entitlement. A misuse of entitlement and therefore the wrongful non-application of article 19, 19 paragraph 5 under b. 5b of this Collective Labour Agreement may be deemed to have occurred if the tem- porary temporary agency worker either performs the same or practically the same work, with regular breaks between deployment, through the same private employment agency for different hir- ing hiring companies, in the same field covered by this Collective Labour Agreement, or performs the same or practically the same work for the same user company through different private employment agencies and because of the aforementioned changes, the temporary agency worker fails to fulfil the criteria set forth in article 19, 19 paragraph 5 under b. 5b of this Collective Labour Agreement. If the temporary agency worker asserts this and demonstrates it to be the case, it is up to the private employment agency to prove that there has been no misuse of entitlement.

Appears in 1 contract

Samples: Collective Labour Agreement

Misuse of entitlement. A misuse of entitlement and therefore the wrongful non-application of article 19, 19 paragraph 5 under b. 5b of this Collective Labour Agreement may be deemed to have occurred if the tem- porary temporary agency worker either performs the same or practically the same work, with regular breaks between deployment, through the same private employment agency for different hir- ing hiring companies, in the same field covered by this Collective Labour Agreement, or performs the same or practically the same work for the same user company through different private employment em- ployment agencies and because of the aforementioned changes, the temporary agency worker fails to fulfil the criteria set forth in article 19, 19 paragraph 5 under b. 5b of this Collective Labour AgreementAgree- ment. If the temporary agency worker asserts this and demonstrates it to be the case, it is up to the private employment agency to prove that there has been no misuse of entitlement.

Appears in 1 contract

Samples: Collective Labour Agreement

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Misuse of entitlement. A misuse of entitlement and therefore the wrongful non-application of article 19, paragraph 5 under b. of this Collective Labour Agreement may be deemed to have occurred if the tem- porary temporary agency worker either performs the same or practically the same work, with regular breaks between deployment, through the same private employment agency for different hir- ing hiring companies, in the same field covered by this Collective Labour Agreement, or performs the same or practically the same work for the same user company through different private employment agencies and because of the aforementioned changes, the temporary agency worker fails to fulfil the criteria set forth in article 19, paragraph 5 under b. of this Collective Labour Agreement. If the temporary agency worker asserts this and demonstrates it to be the case, it is up to the private employment agency to prove that there has been no misuse of entitlement.

Appears in 1 contract

Samples: Collective Labour Agreement

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