PHASES SYSTEM AND PERIOD AND CHAIN SYSTEM Sample Clauses

PHASES SYSTEM AND PERIOD AND CHAIN SYSTEM. 1. The phases system consists of four phases as set out in Articles 13 to 15. The legal status of a temporary worker depends on the phase in which he finds himself. 2. If activities have not yet been performed for more than 26 weeks, a temporary employment contract is deemed to have been entered into on the basis of phase 1. If the activities are continued after 26 weeks, this is deemed to have been done on the basis of phase 2. 3. The period and chain system as defined in Section 668a in Book 7 of the Netherlands Civil Code (see Schedule 9 to this collective agreement) may also be expressly chosen until the start of phase 2 at the latest. The counting in respect of the period and chain system will start when the first temporary employment contract is entered into under the period and chain system. As long as there is a chain of temporary employment contracts within the meaning of the period and chain system, the parties may not decide to switch to application of the phases system. 4. A temporary employment agency and a temporary worker may enter into fixed-term or open-ended temporary employment contracts at an earlier stage than provided for by the phases system. For this purpose, a fixed-term temporary employment contract is under- stood to mean: a phase 1 or 2 temporary employment contract in which the temporary employment clause referred to in Article 13, Paragraph 2 (b) is expressly excluded*. Notwithstanding Section 628(5) in Book 7 of the Netherlands Civil Code, the obligation to continue to pay wages to the temporary worker during phases 1 and 2 of this fixed-term temporary employment contract is excluded, unless expressly otherwise agreed*. Exclusion of the obligation to continue to pay wages to the temporary worker means that no salary is owed if the work has ceased to exist and no activities have been performed as a result. If the temporary employment agency invokes this provision, the temporary worker may terminate the temporary employment contract forthwith. During his/her temporary agree- ment, after 26 weeks worked, the temporary worker is entitled to compensation of at least three times the actual hourly rate per temporary agreement, even if the work under the temporary agreement has lapsed and consequently no work is carried out. However, if the temporary worker is incapacitated for work, the temporary employment agency is under an obligation to continue to pay his or her wages. * Within the legal parameters of Section 7:691 of the Nether...
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Related to PHASES SYSTEM AND PERIOD AND CHAIN SYSTEM

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