USER COMPANY REMUNERATION. 1. The agency worker is entitled to the user company remuneration, unless Article 33 is applied. The user company remuneration consists of the following nine elements, each of which is at least equal to the remuneration of an employee working in an equal or equivalent position at the client*, where the agency worker performs his duties under the direction and supervision of that client: a. only the applicable periodic pay in the scale; b. the applicable reduction of working hours (ADV). This can be compensated in time and/or money, at the discretion of the employment agency; c. all allowances for unsocial hours and/or working under (physically) straining circumstances related to the nature of the work. This includes, but is not limited to: overtime, working in the evening, at the weekend and on public holidays, shifted hours, shift work, low and/or high temperatures, hazardous substances, dirty work; d. initial wage increase from the same time and with the same amount as at the client**; e. expense allowances (to the extent the employment agency can pay these free from wage tax and national insurance contributions); f. increments (level and time as determined at the client); g. allowance for work-related travel hours and/or travel time (unless the travel hours or travel time are already regarded as hours worked); h. one-off payments, regardless of the purpose or reason for the payment. One- off payments are not periodically recurring payments; i. homeworking allowances, whereby the part of the allowance that is not exempted by law is paid gross. j. fixed end-of-year bonuses (amount, time and conditions as determined by the client). • Fixed end-of-year bonuses are understood to mean all income components that are paid annually or periodically in a recurring manner, such as a 13th month, end-of-year bonus and Christmas bonus. • These are allocated in accordance with the agreements applicable at the client, such as the moment of payment (determined date and/or at the end of employment) and the conditions that apply to the allocation. • If agreements have been made with the client to include the fixed year- end bonus in a system of exchanging employment conditions such as an individual choice budget (IKB) and that (part of the) exchange scheme is not already paid to the agency worker, the fixed year-end bonus will be traceable in the exchange scheme at the client granted to the agency worker under the same conditions as applicable at the client. If the agency worker made available to the client is subsequently made available to another company, the user company remuneration is equal to the remuneration of an employee working in an equal or equivalent position at that client, where the agency worker performs his duties under its direction and supervision. 2. If the client’s policy with regard to the periodic pay in the scale is to partly determine the classification at the start of the work on the basis of experience in a virtually equal position, then this also applies to the agency worker. In that case, the employment agency will take into account the information provided in accordance with Article 4, paragraph 3 about training, work experience and competences. The agency worker can request the employment agency for an explanation about his classification. In any event, when returning to the same client on or after 3 January 2022 or to a client within the same collective agreement area in an almost identical position (given his relevant work experience), the classification will be based on at least the previous classification. The agency worker can request the employment agency for an explanation about his classification. 3. The application of the user company remuneration is based on the information provided or confirmed by the client about the job category, the wage amount, the applicable reduction in working hours, the amount of the increment, the amount and time of the initial wage increase, and the expense allowances, the reimbursement of travel hours and/or travel time, the one-off payments, homeworking allowances and other allowances. The employment agency agrees with the client that the latter is obliged to provide the correct and complete information required for determining the user company remuneration in a timely manner. 4. The user company remuneration is determined per assignment. 5. a. If the agency worker works in (practically) the same position for different clients and, due to the change of clients, does not qualify for an incremental increase with these clients, the employment agency will take this work experience into account when deciding on awarding an incremental increase in each subsequent assignment in (practically) the same position.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
USER COMPANY REMUNERATION. 1. The agency worker is entitled to the user company remuneration, unless Article 33 is applied. The user company remuneration consists of the following nine elements, each of which is at least equal to the remuneration of an employee working in an equal or equivalent position at the client*client*1, where the agency worker performs his duties under the direction and supervision of that client:
a. only the applicable periodic pay in the scale;
b. the applicable reduction of working hours (ADV). This can be compensated in time and/or money, at the discretion of the employment agency;
c. all allowances for unsocial hours and/or working under (physically) straining circumstances related to the nature of the work. This includes, but is not limited to: Examples include overtime, working in the eveningevenings, at the weekend weekends and on public holidays, shifted hours, shift workshiftwork, low and/or high temperatures, hazardous substances, dirty work);
d. initial wage increase from the same time and with the same amount as at the client**client*2;
e. expense allowances (to the extent the employment agency can pay these free from wage tax and national insurance contributions);
f. increments (level and time as determined at the client);
g. allowance for work-related travel hours and/or travel time (unless the travel hours or travel time are already regarded as hours worked);
h. one-off payments, regardless of the purpose or reason for the payment. One- off payments are not periodically recurring payments;
i. homeworking allowances, whereby the part of the allowance that is not exempted by law is paid gross.
j. fixed end-of-year bonuses (amount, time and conditions as determined by the client). • Fixed end-of-year bonuses are understood to mean all income components that are paid annually or periodically in a recurring manner, such as a 13th month, end-of-year bonus and Christmas bonus. • These are allocated in accordance with the agreements applicable at the client, such as the moment of payment (determined date and/or at the end of employment) and the conditions that apply to the allocation. • If agreements have been made with the client to include the fixed year- end bonus in a system of exchanging employment conditions such as an individual choice budget (IKB) and that (part of the) exchange scheme is not already paid to the agency worker, the fixed year-end bonus will be traceable in the exchange scheme at the client granted to the agency worker under the same conditions as applicable at the client. gross If the agency worker made available to the client is subsequently made available to another company, the user company remuneration is equal to the remuneration of an employee working in an equal or equivalent position at that client, where the agency worker performs his duties under its direction and supervision. With effect from 1 January 2023, point j will be added to paragraph 1 (and the user company remuneration consists of 10 elements):
j. fixed end-of-year bonuses (amount, time and conditions as determined by the client).
2. If the client’s policy with regard to the periodic pay in the scale is to partly determine the classification at the start of the work on the basis of experience in a virtually equal position, then this also applies to the agency worker. In that case, the employment agency will take into account the information provided 22 CAO COLLECTIVE AGREEMENT FOR TEMPORARY WORKERS CAO COLLECTIVE AGREEMENT FOR TEMPORARY WORKERS 23 in accordance with Article 4, paragraph 3 about training, work experience and competences. The agency worker can request the employment agency for an explanation about his classification. In any event, when returning to the same client on or after 3 January 2022 or to a client within the same collective agreement area in an almost identical position (given his relevant work experience), the classification will be based on at least the previous classification. The agency worker can request the employment agency for an explanation about his classification.
3. The application of the user company remuneration is based on the information provided or confirmed by the client about the job category, the wage amount, the applicable reduction in working hours, the amount of the increment, the amount and time of the initial wage increase, and the expense allowances, the reimbursement of travel hours and/or travel time, the one-off payments, homeworking allowances and other allowances. The employment agency agrees with the client that the latter is obliged to provide the correct and complete information required for determining the user company remuneration in a timely manner.
4. The user company remuneration is determined per assignment.
5. a. If the agency worker works in (practically) the same position for different clients and, due to the change of clients, does not qualify for an incremental increase with these clients, the employment agency will take this work experience into account when deciding on awarding an incremental increase in each subsequent assignment in (practically) the same position.
b. If within that framework, the agency worker referred to under a. commences employment with another employment agency within the same group of employment agencies, the new employment agency will also take into account the work experience referred to under a. when deciding on awarding an incremental increase, unless the new employment agency demonstrates, by means of the registration, job application or other facts and circumstances, that the transfer was made on the initiative of the agency worker. A group is taken to mean the group as referred to in Section 2:24b of the Dutch Civil Code.
6. The employment agency provides for a process by which it ensures that the user company remuneration is determined correctly.
7. With every assignment, the employment agency is obliged to confirm the elements referred to under a. through q. to the agency worker in writing.
a. the anticipated commencement date;
b. the name and contact details of the client, including a contact person (if any) and work address;
c. the (general) job title and, if available, the job title in accordance with the client’s remuneration regulations;
d. the job classification and step in accordance with the client’s remuneration regulations, if available;
e. the agreed hours of work;
f. if applicable, the anticipated assignment end date;
g. the collective agreement/remuneration regulations;
h. the effective gross (hourly) wage;
i. the applicable reduction of working hours (ADV) compensation;
j. the applicable overtime and/or shifted hours allowances;
k. the applicable allowance for unsocial hours (including public holiday allowance) and allowances for physically straining circumstances;
l. the applicable shift allowance;
m. the applicable travel allowance;
n. other applicable expense allowances;
o. the applicable allowance for work-related travel hours and/or travel time;
p. the applicable one-off payments;
q. the applicable homeworking allowances. In the event of a change in the terms and conditions of employment during the assignment pertaining to one of the above elements, the employment agency is obliged to confirm this change to the agency worker in writing.
8. Following a reasoned request from the agency worker, the employment agency must provide a written explanation of the determination of its user company remuneration.
9. The application of the user company remuneration will never be adjusted retroactively, except: • in the event of intent or apparent abuse; or • if the employment agency has not made a demonstrable effort to correctly determine the user company remuneration as referred to in paragraph 5 of this article; • if the employment agency has not complied with the provisions of paragraph 6 under c., d., e., g., h., i., j., k., l., m., n., o, p and q; • if, following a reasoned request from the agency worker, the employment agency has failed to provide a written explanation of the determination of the user company remuneration as referred to in paragraph 7 of this article.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
USER COMPANY REMUNERATION. 1. The agency worker is entitled to the user company remuneration, unless Article 33 is applied. The user company remuneration consists of the following nine elements, each of which is at least equal to the remuneration of an employee working in an equal or equivalent position at the client*client*1, where the agency worker performs his duties under the direction and supervision of that client:
a. only the applicable periodic pay in the scale;
b. the applicable reduction of working hours (ADV). This can be compensated in time and/or money, at the discretion of the employment agency;
c. all allowances for unsocial hours and/or working under (physically) straining circumstances related to the nature of the work. This includes, but is not limited to: Examples include overtime, working in the eveningevenings, at the weekend weekends and on public holidays, shifted hours, shift workshiftwork, low and/or high temperatures, hazardous substances, dirty work);
d. initial wage increase from the same time and with the same amount as at the client**client*2;
e. expense allowances (to the extent the employment agency can pay these free from wage tax and national insurance contributions);
f. increments (level and time as determined at the client);
g. allowance for work-related travel hours and/or travel time (unless the travel hours or travel time are already regarded as hours worked);
h. one-off payments, regardless of the purpose or reason for the payment. One- off payments are not periodically recurring payments;
i. homeworking allowances, whereby the part of the allowance that is not exempted by law is paid gross.
j. fixed end-of-year bonuses (amount, time and conditions as determined by the client). • Fixed end-of-year bonuses are understood to mean all income components that are paid annually or periodically in a recurring manner, such as a 13th month, end-of-year bonus and Christmas bonus. • These are allocated in accordance with the agreements applicable at the client, such as the moment of payment (determined date and/or at the end of employment) and the conditions that apply to the allocation. • If agreements have been made with the client to include the fixed year- end bonus in a system of exchanging employment conditions such as an individual choice budget (IKB) and that (part of the) exchange scheme is not already paid to the agency worker, the fixed year-end bonus will be traceable in the exchange scheme at the client granted to the agency worker under the same conditions as applicable at the client. gross If the agency worker made available to the client is subsequently made available to another company, the user company remuneration is equal to the remuneration of an employee working in an equal or equivalent position at that client, where the agency worker performs his duties under its direction and supervision. With effect from 1 January 2023, point j will be added to paragraph 1 (and the user company remuneration consists of 10 elements):
j. fixed end-of-year bonuses (amount, time and conditions as determined by the client).
2. If the client’s policy with regard to the periodic pay in the scale is to partly determine the classification at the start of the work on the basis of experience in a virtually equal position, then this also applies to the agency worker. In that case, the employment agency will take into account the information provided in accordance with Article 4, paragraph 3 about training, work experience and competences. The agency worker can request the employment agency for an explanation about his classification. In any event, when returning to the same client on or after 3 January 2022 or to a client within the same collective agreement area in an almost identical position (given his relevant work experience), the classification will be based on at least the previous classification. The agency worker can request the employment agency for an explanation about his classification.
3. The application of the user company remuneration is based on the information provided or confirmed by the client about the job category, the wage amount, the applicable reduction in working hours, the amount of the increment, the amount and time of the initial wage increase, and the expense allowances, the reimbursement of travel hours and/or travel time, the one-off payments, homeworking allowances and other allowances. The employment agency agrees with the client that the latter is obliged to provide the correct and complete information required for determining the user company remuneration in a timely manner.
4. The user company remuneration is determined per assignment.
5. a. If the agency worker works in (practically) the same position for different clients and, due to the change of clients, does not qualify for an incremental increase with these clients, the employment agency will take this work experience into account when deciding on awarding an incremental increase in each subsequent assignment in (practically) the same position.
Appears in 1 contract
Samples: Collective Agreement
