Common use of Transitional allowance Clause in Contracts

Transitional allowance. 1. The provisions of the Netherlands Civil Code concerning the transitional allowance also apply for private employment agencies, in observance of the provisions of this article. 2. The private employment agency in any event owes the temporary agency worker a transitional allowance at the end of an agency work employment contract that has lasted for at least 24 months if the agency work employment contract: ■ is cancelled by the private employment agency; ■ is dissolved at the request of the private employment agency; ■ is not continued, at the initiative of the private employment agency, following its termina- tion by operation of law; ■ is cancelled by the temporary agency worker as a result of serious attributable action or negligence on the part of the private employment agency; ■ is dissolved at the request of the temporary agency worker as a result of serious attributable action or negligence on the part of the private employment agency; or ■ is not continued, at the initiative of the temporary agency worker, following its termination by operation of law as a result of serious attributable action or negligence on the part of the private employment agency. 3. The private employment agency in any event does not owe the temporary agency worker a xxxx- sitional allowance at the end of an agency work employment contract that has lasted for at least 24 months if the agency work employment contract: ■ is cancelled by the temporary agency worker, other than as a result of serious attributable action or negligence on the part of the private employment agency; ■ is dissolved at the request of the temporary agency worker, other than as a result of serious attributable action or negligence on the part of the private employment agency; ■ is not continued, at the initiative of the temporary agency worker, following its termination by operation of law, other than as a result of serious attributable action or negligence on the part of the private employment agency; ■ is terminated or is not continued because the temporary agency worker concludes an employment contract, subcontracting agreement and/or an agreement for the provision of services with the user company to which he was last assigned;*1 ■ is terminated or is not continued, because the temporary agency worker, after a place- ment by another private employment agency with the user company at which he was last employed, is made available for the same work;*2 ■ is terminated or is not continued before the temporary agency worker reaches the age of eighteen and the average amount of the work was no more than twelve hours per week; ■ is terminated or is not continued in connection with the temporary agency worker reaching the age at which he is entitled to the state pension or another age at which pension rights arise for the temporary agency worker; or ■ is terminated or is not continued as a result of serious attributable action or negligence on the part of the temporary agency worker. 4. For the determination of whether the agency work employment contract has lasted for at least 24 months: a. months in which the average amount of the work performed by the temporary agency worker did not exceed twelve hours per week before the temporary agency worker reached the age of eighteen are not counted; and b. one or more prior agency work employment contracts between the same private employ- ment agency and temporary agency worker that succeeded each other with intervals of no more than six months, are added together.*3 The preceding sentence also applies if the tem- porary agency worker was successively assigned to different employers who, regardless of whether there is an insight into the capacity and suitability of the temporary agency worker, must reasonably be deemed to be each other’s successors in relation to the work performed. 5. If, in the situation referred to in paragraph (4)(b) (concerning successive employership), a transitional allowance was already paid on termination of a previous (agency work) employment contract, this will be deducted from the transitional allowance owed by the private employment agency as a successive employer. *1 This is regarded as a termination at the initiative of the temporary agency worker. See the Notes in response to the Report, Parliamentary Documents II 2013/14, 33 818, No. 7. *2 This is regarded as a termination at the initiative of the temporary agency worker. See the Memoran- dum of Reply, Parliamentary Documents II 2013/2014, 33 818, No. C.

Transitional allowance. 1. The provisions of the Netherlands Civil Code concerning the transitional allowance also apply for private employment agencies, in observance of the provisions of this article. 2. The private employment agency in any event owes the temporary agency worker a transitional allowance at the end of an agency work employment contract that has lasted for at least 24 months if the agency work employment contract: ■ n is cancelled by the private employment agency; ■ n is dissolved at the request of the private employment agency; ■ n is not continued, at the initiative of the private employment agency, following its termina- tion by operation of law; ■ n is cancelled by the temporary agency worker as a result of serious attributable action or negligence on the part of the private employment agency; ■ n is dissolved at the request of the temporary agency worker as a result of serious attributable action or negligence on the part of the private employment agency; or ■ n is not continued, at the initiative of the temporary agency worker, following its termination by operation of law as a result of serious attributable action or negligence on the part of the private employment agency. 3. The private employment agency in any event does not owe the temporary agency worker a xxxx- sitional allowance at the end of an agency work employment contract that has lasted for at least 24 months if the agency work employment contract: ■ n is cancelled by the temporary agency worker, other than as a result of serious attributable action or negligence on the part of the private employment agency; ■ n is dissolved at the request of the temporary agency worker, other than as a result of serious attributable action or negligence on the part of the private employment agency; ■ n is not continued, at the initiative of the temporary agency worker, following its termination by operation of law, other than as a result of serious attributable action or negligence on the part of the private employment agency; ■ n is terminated or is not continued because the temporary agency worker concludes an employment contract, subcontracting agreement and/or an agreement for the provision of services with the user company to which he was last assigned;*1 ■ n is terminated or is not continued, because the temporary agency worker, after a place- ment by another private employment agency with the user company at which he was last employed, is made available for the same work;*2 ■ n is terminated or is not continued before the temporary agency worker reaches the age of eighteen and the average amount of the work was no more than twelve hours per week; ■ n is terminated or is not continued in connection with the temporary agency worker reaching the age at which he is entitled to the state pension or another age at which pension rights arise for the temporary agency worker; or ■ n is terminated or is not continued as a result of serious attributable action or negligence on the part of the temporary agency worker. 4. For the determination of whether the agency work employment contract has lasted for at least 24 months: a. months in which the average amount of the work performed by the temporary agency worker did not exceed twelve hours per week before the temporary agency worker reached the age of eighteen are not counted; and b. one or more prior agency work employment contracts between the same private employ- ment agency and temporary agency worker that succeeded each other with intervals of no more than six months, are added together.*3 The preceding sentence also applies if the tem- porary agency worker was successively assigned to different employers who, regardless of whether there is an insight into the capacity and suitability of the temporary agency worker, must reasonably be deemed to be each other’s successors in relation to the work performed. 5. If, in the situation referred to in paragraph (4)(b) (concerning successive employership), a transitional allowance was already paid on termination of a previous (agency work) employment contract, this will be deducted from the transitional allowance owed by the private employment agency as a successive employer. *1 This is regarded as a termination at the initiative of the temporary agency worker. See the Notes in response to the Report, Parliamentary Documents II 2013/14, 33 818, No. 7. *2 This is regarded as a termination at the initiative of the temporary agency worker. See the Memoran- dum of Reply, Parliamentary Documents II 2013/2014, 33 818, No. C.

Transitional allowance. 1. The provisions of the Netherlands Civil Code concerning the transitional allowance also apply for private employment agencies, in observance of the provisions of this article. 2. The private employment agency in any event owes the temporary agency worker a transitional allowance at the end of an agency work employment contract that has lasted for at least 24 months if the agency work employment contract: ■ n is cancelled by the private employment agency; ■ n is dissolved at the request of the private employment agency; ■ n is not continued, at the initiative of the private employment agency, following its termina- tion by operation of law; ■ n is cancelled by the temporary agency worker as a result of serious attributable action or negligence on the part of the private employment agency; ■ n is dissolved at the request of the temporary agency worker as a result of serious attributable action or negligence on the part of the private employment agency; or ■ n is not continued, at the initiative of the temporary agency worker, following its termination by operation of law as a result of serious attributable action or negligence on the part of the private employment agency. 3. The private employment agency in any event does not owe the temporary agency worker a xxxx- sitional allowance at the end of an agency work employment contract that has lasted for at least 24 months if the agency work employment contract: ■ n is cancelled by the temporary agency worker, other than as a result of serious attributable action or negligence on the part of the private employment agency; ■ n is dissolved at the request of the temporary agency worker, other than as a result of serious attributable action or negligence on the part of the private employment agency; ■ n is not continued, at the initiative of the temporary agency worker, following its termination by operation of law, other than as a result of serious attributable action or negligence on the part of the private employment agency; ■ n is terminated or is not continued because the temporary agency worker concludes an employment contract, subcontracting agreement and/or an agreement for the provision of services with the user company to which he was last assigned;*1 ■ assigned;*1‌ n is terminated or is not continued, because the temporary agency worker, after a place- ment by another private employment agency with the user company at which he was last employed, is made available for the same work;*2 ■ n is terminated or is not continued before the temporary agency worker reaches the age of eighteen and the average amount of the work was no more than twelve hours per week; ■ n is terminated or is not continued in connection with the temporary agency worker reaching the age at which he is entitled to the state pension or another age at which pension rights arise for the temporary agency worker; or ■ n is terminated or is not continued as a result of serious attributable action or negligence on the part of the temporary agency worker. 4. For the determination of whether the agency work employment contract has lasted for at least 24 months: a. months in which the average amount of the work performed by the temporary agency worker did not exceed twelve hours per week before the temporary agency worker reached the age of eighteen are not counted; and b. one or more prior agency work employment contracts between the same private employ- ment agency and temporary agency worker that succeeded each other with intervals of no more than six months, are added together.*3 The preceding sentence also applies if the tem- porary agency worker was successively assigned to different employers who, regardless of whether there is an insight into the capacity and suitability of the temporary agency worker, must reasonably be deemed to be each other’s successors in relation to the work performed. 5. If, in the situation referred to in paragraph (4)(b) (concerning successive employership), a transitional allowance was already paid on termination of a previous (agency work) employment contract, this will be deducted from the transitional allowance owed by the private employment agency as a successive employer. *1 This is regarded as a termination at the initiative of the temporary agency worker. See the Notes in response to the Report, Parliamentary Documents II 2013/14, 33 818, No. 7. *2 This is regarded as a termination at the initiative of the temporary agency worker. See the Memoran- dum of Reply, Parliamentary Documents II 2013/2014, 33 818, No. C.