General conditions

CHAPTER 1: GENERAL PROVISIONS

ARTICLE 1 DEFINITIONS

In these general terms and conditions, the following definitions shall apply:

1. Meta Carrière Uitzendbureau: the user of these general terms and conditions - the private company with limited liability Meta Carrière Uitzendbureau BV, with registered office and place of business in (2544 EA) 's-Gravenhage at the address Zichtenburglaan 31, registered in the Commercial Register of the Chamber of Commerce under number 70051577 - which in the context of the exercise of its profession or business supplies temporary workers to a hirer for the performance of work for and under the management and supervision of that hirer.
2. Temporary worker: any natural person who through the agency of Meta Carrière Uitzendbureau performs or will perform work for and under the management and supervision of a hirer.
3. Hirer: any natural or legal person who provides itself with temporary workers through the intervention of Meta Carrière Uitzendbureau.
4. Temporary employment contract: the agreement between Meta Carrière Uitzendbureau and a hirer setting out the specific conditions under which a temporary worker is made available to perform work for and under the management and supervision of a hirer.
5. Hirer rate: the amount per unit of time owed by the hirer to Meta Career Uitzendbureau for the posting of the temporary worker. It includes the cost of labor including wage costs, payroll taxes and social security contributions, as well as a margin for Meta Career Uitzendbureau's services.
6. Temporary employment contract: the employment contract whereby the temporary worker is made available by Meta Carrière Uitzendbureau to a hirer in order to perform work under the management and supervision of that hirer pursuant to a hiring contract concluded by it with Meta Carrière Uitzendbureau.
7. NBBU collective agreement: the collective agreement for temporary workers which applies to companies which are members of the Nederlandse Bond van Bemiddelings- en Uitzendondernemingen (NBBU).
8. BW: Dutch Civil Code.
9. Any reference in these general terms and conditions to temporary workers means male and female temporary workers and any reference to him and/or him/her means him/her or him/her.

ARTICLE 2 APPLICABILITY OF THESE TERMS AND CONDITIONS

1. These conditions apply to any offer from Meta Carrière Uitzendbureau to, and to any hiring agreement between, Meta Carrière Uitzendbureau and a hirer to which Meta Carrière Uitzendbureau has declared these conditions applicable, as well as to the resulting supplies and services of any kind between Meta Carrière Uitzendbureau and a hirer, to the extent that these conditions have not been expressly deviated from by the parties in writing.
2. The hirer with whom once contracted on these conditions is deemed to tacitly agree to their applicability to a subsequent hiring agreement concluded with Meta Carrière Uitzendbureau.
3. All offers, regardless of how they are made, are without obligation.
4. Meta Carrière Uitzendbureau is not bound by general conditions of the hirer or intermediary insofar as they differ from these conditions.
5. These terms and conditions may at any time be amended or supplemented. The amended terms and conditions will then also apply to the already concluded rental agreements or cooperation agreements, subject to a period of one month after (digital) written notice of the change.

ARTICLE 3 FORMATION OF THE LOAN AGREEMENT

1. The hiring agreement is established by written acceptance of the hirer or by Meta Carrière Uitzendbureau actually making temporary workers available to the hirer.
2. The specific conditions under which the temporary worker(s) is made available by Meta Career Uitzendbureau to the hirer are included in the hiring agreement.
3. An amendment or addition to the hiring agreement does not take effect until it has been confirmed in writing by Meta Career Uitzendbureau.

ARTICLE 4 METHOD OF INVOICING

1. The invoices of Meta Career Temporary Agency are, unless otherwise agreed, based on the completed and approved time sheets of the hirer, as well as the user rate and any additional surcharges and costs.
2. The hirer is responsible for the correct, timely and complete completion and approval of the time registration form. The approval takes place by (digital) signature of the time registration form, unless otherwise agreed.
3. In case of discrepancy between the time sheet submitted to Meta Career Uitzendbureau and its data retained by the hirer, the time sheet submitted to Meta Career Uitzendbureau is deemed correct unless the hirer proves otherwise.
4. If the temporary worker disputes the data of the time sheet, Meta Career Uitzendbureau may invoice the number of hours worked and other costs according to the temporary worker's statement, unless the hirer proves that the aforementioned time sheet is correct.
5. If the hirer does not comply with paragraph 2 of this article, Meta Carrière Uitzendbureau may decide to invoice the hirer on the basis of the facts and circumstances known to it. Meta Carrière Uitzendbureau will not do so as long as no reasonable consultation on this matter has taken place with the hirer.
6. If, after the temporary worker has appeared at the workplace, the hirer makes use of his labor offer for less than three hours, the hirer is obliged to pay the hiring rate for at least three hours per call if:
7. The agreed scope of work is less than 15 hours per week and the working hours have not been determined; orThe hirer has not or not unambiguously determined the scope of work.
8. The hirer shall ensure that the invoices of Meta Career Temporary Agency are paid without any deduction, discount or set-off within the payment period set out in the hiring agreement.
9. The hirer must pay the percentage of the invoiced amount stated on the invoice into the G account stated on the invoice.
10. At Meta Career Uitzendbureau's first request the hirer will provide a written authorization to Meta Career Uitzendbureau to debit the amounts of the invoices from the hirer's bank account by direct debit within the agreed period. For this purpose the parties will use a SEPA authorization form.

ARTICLE 5 PAYMENT TERMS

1. Only direct payments to Meta Carrière Uitzendbureau or a third party designated in writing by Meta Carrière Uitzendbureau discharge the hirer.
   Direct payments or the provision of advance payments by the hirer to the temporary worker are not permitted, regardless of the reason or manner in which this is done. Such payments and provisions do not concern Meta Carrière Uitzendbureau and provide no ground for any debt repayment or setoff.
2. If the hirer disputes an invoice, the hirer shall notify Meta Career Uitzendbureau in writing within eight days of the date of dispatch of the relevant invoice, on pain of forfeiting the right to dispute. A dispute about the invoice does not suspend the hirer's payment obligation.
3. The right of suspension on the part of the hirer is excluded.
4. Set-off of claims is not permitted without the prior written consent of Meta Carrière Uitzendbureau.
5. In case of non-payment, late payment or incomplete payment by the hirer of any amount owed by it, it is legally in default from the due date of the relevant invoice without prior notice. From that moment the hirer also owes default interest of 1% per month, counting part of a month as a whole month, on the full invoice amount to Meta Carrière Uitzendbureau.
6. All costs, both in and out of court, including costs of legal assistance, incurred by Meta Carrière Uitzendbureau as a result of the failure of the hirer to fulfil its payment obligations are for the account of the hirer. The extrajudicial collection costs of Meta Carrière Uitzendbureau, to be calculated on the amount to be collected, with a minimum of € 500.00 are set at least 15% of the principal sum.
7. If the hiring agreement is entered into with more than one hirer, which hirers belong to the same group of companies, then all hirers are jointly and severally liable for the obligations under this article, regardless of the name of the invoice.
8. If the financial position and/or payment behavior of the hirer gives cause for this - in the opinion of Meta Carrière Uitzendbureau - the hirer is obliged at the first written request of Meta Carrière Uitzendbureau:
   1. Provide a direct debit authorization as referred to in Article 4 paragraph 9 of these conditions; and/or
   2. Provide an advance payment; and/or
   3. Provide adequate security for the fulfilment of the obligations towards Meta Career Uitzendbureau, for example by means of a bank guarantee or pledge.
9. The extent of the requested security and/or advance payment shall be in proportion to the extent of the relevant obligations of the hirer.
10. If the hirer does not comply with a request from Meta Career Uitzendbureau as referred to in paragraph 9 or if a collection fails, the hirer is legally in default without notice of default being required. If the hirer is in default, Meta Carrière Uitzendbureau is entitled to suspend the performance of its obligations under the hiring agreement or to immediately terminate the hiring agreement in whole or in part, without Meta Carrière Uitzendbureau being liable to pay any compensation to the hirer. All claims of Meta Career Uitzendbureau become immediately due and payable as a result of the termination.

ARTICLE 6 DISSOLUTION

1. If a party fails to comply with its obligations under the hiring contract, the other party is entitled - in addition to what is provided in the hiring contract - to dissolve the hiring contract in whole or in part out of court by registered letter. The dissolution will only take place after the defaulting party has been given written notice of default and has been offered a reasonable period to remedy the default, and compliance has not been forthcoming.
2. Furthermore, one party shall be entitled, without any demand or notice of default being required, to dissolve the hiring agreement in whole or in part extrajudicially with immediate effect by registered letter if:
3. The other party applies for (provisional) suspension of payment or he is granted (provisional) suspension of payment;
   1. The other party files for its own bankruptcy or is declared bankrupt;
   2. The other party's business is liquidated;
   3. The other party ceases its current business;
4. A substantial part of the other party's assets are seized through no fault of either party, or if the other party must otherwise be deemed unable to fulfill its obligations under the hiring agreement.
5. If at the time of dissolution the hirer had already received performance under the loan agreement, it can only partially dissolve the loan agreement and only for that part which has not yet been performed by or on behalf of Meta Career Uitzendbureau.
6. Amounts which Meta Carrière Uitzendbureau has invoiced to the hirer before the dissolution in connection with what it has already performed in performance of the hiring agreement, remain fully due by the hirer to it and become immediately payable at the time of dissolution.

ARTICLE 7 LIABILITY

1. Subject to provisions of mandatory law, as well as taking into account the general standards of reasonableness and fairness, Meta Carrière Uitzendbureau is not obliged to pay any compensation for damage of any nature whatsoever, directly or indirectly, caused to the temporary worker, the hirer or to goods or persons at or of the hirer or a third party, in connection with a hiring agreement, including also damage caused as a result of:
2. The posting of the temporary worker by Meta Carrière Uitzendbureau to the hirer, even if it turns out that that temporary worker does not meet the requirements imposed on him by the hirer.
3. Unilateral termination of the temporary employment contract by the temporary worker.
4. Acts or omissions of the temporary worker, the hirer itself or a third party, including entering into commitments by the temporary worker.
5. On-lending by the user company of the temporary worker without the written consent of Meta Carrière Uitzendbureau.
6. The performance of work by the temporary employee outside the Netherlands.
7. Any liability of Meta Carrière Uitzendbureau for any direct damage is in any case, per event, limited to:
   1. The amount that the insurance of Meta Career Uitzendbureau pays out, or;
8. If Meta Career Uitzendbureau is not insured for the damage in question or the insurance does not pay out (in full), the amount invoiced by Meta Career Uitzendbureau. If the amount billed depends on a time factor, liability is limited to the amount billed to the hirer by Meta Carrière Uitzendbureau in the month preceding the damage report. In the absence of a previous month, the decisive factor is what Meta Carrière Uitzendbureau would charge or has charged the hirer under the hiring agreement in the month in which the harmful event occurred.
9. For consequential damages such as lost profits and lost savings and for indirect damages, Meta Carrière Uitzendbureau is never liable.
10. The hirer is obliged to ensure adequate, comprehensive liability insurance for all direct and indirect damages referred to in paragraphs 1 to 3 of this article.
11. In any case the hirer must indemnify Meta Carrière Uitzendbureau against any claims by the temporary worker or third parties to compensation for damages referred to in paragraph 1 of this article suffered by that temporary worker or third parties.
12. The limitations of liability set out in paragraphs 1 and 2 of this article lapse if there is intent or gross negligence on the part of Meta Carrière Uitzendbureau and/or its managerial staff.
13. Meta Carrière Uitzendbureau is at all times entitled, if and to the extent possible, to undo any damage suffered by the hirer. This includes the right of Meta Carrière Uitzendbureau to take measures which can prevent or limit any damage.

ARTICLE 8 FORCE MAJEURE

1. In case of force majeure of Meta Career Uitzendbureau its obligations under the hiring agreement will be suspended as long as the force majeure situation continues. Force majeure means any circumstance beyond the control of Meta Carrière Uitzendbureau, which permanently or temporarily prevents the fulfillment of the loan agreement and which neither by law nor by the standards of reasonableness and fairness should be at its risk.
2. Once a force majeure situation occurs at Meta Career Agency as referred to in paragraph 1 of this article, it will notify the hirer.
3. To the extent not already included, force majeure also includes: strikes, sit-ins, blockades, embargo, government measures, war, revolution and / or any similar situation, power failures, failures in electronic communication lines, fire, explosion and other disasters, water damage, flood, earthquake and other natural disasters, as well as major illness of epidemiological nature of staff.
4. As long as the force majeure situation continues, the obligations of Meta Career Temporary Agency will be suspended. However, this suspension will not apply to obligations to which the force majeure does not apply and which have already arisen before the force majeure situation occurred.
5. If the force majeure situation has lasted three months, or as soon as it is established that the force majeure situation will last longer than three months, each of the parties is entitled to terminate the hiring agreement prematurely without observing any notice period. Even after such termination of the loan agreement, the hirer is obliged to pay Meta Carrière Uitzendbureau the fees owed by it to Meta Carrière Uitzendbureau which relate to the period before the force majeure situation.
6. Meta Carrière Uitzendbureau is not obliged to compensate any damage from or at the hirer during the force majeure situation, nor is it obliged to do so after termination of the hiring agreement as referred to in paragraph 5 of this article.

ARTICLE 9 CONFIDENTIALITY

1. Meta Career Agency and the hirer will not provide confidential information from or about the other party, its activities and relationships, which has come to their knowledge as a result of an offer or hiring agreement, to third parties. This unless - and then insofar as - the provision of that information is necessary for the proper performance of the hiring agreement or they are under a legal obligation to disclose.
2. At the request of the hirer Meta Carrière Uitzendbureau will oblige the temporary agency worker to observe confidentiality regarding all that he knows or becomes aware of while performing the work, unless the temporary agency worker is under a legal obligation to disclose.
3. The hirer is free to oblige the temporary worker directly to observe confidentiality. The hirer informs Meta Carrière Uitzendbureau of its intention to do so and provides Meta Carrière Uitzendbureau with a copy of what is recorded in that respect.
4. Meta Carrière Uitzendbureau is not liable for any fine, penalty payment or any damages incurred by the hirer as a result of breach of confidentiality by the temporary worker.

ARTICLE 10 APPLICABLE LAW AND COMPETENT COURT

1. These general conditions, assignments, hiring agreements and / or other agreements are governed by Dutch law.
2. All disputes arising from or related to a legal relationship between the parties will in first instance only be tried by the court in the district where Meta Career Agency is located, unless otherwise required by law.

ARTICLE 11 FINAL PROVISIONS

1. If any provision of these conditions is void or is destroyed, the other provisions of these conditions will remain in full force and the parties will consult to agree new provisions to replace the void or destroyed provisions, as much as possible the purpose and intent of the void or destroyed provision will be observed.
2. Meta Career Agency is entitled to transfer its rights and obligations under a hiring agreement to a third party. Unless otherwise agreed in writing, the hirer is not permitted to transfer its rights and obligations under the hiring agreement to a third party.

CHAPTER 2: CONDITIONS FOR THE SUPPLY OF TEMPORARY WORKERS

ARTICLE 12 HIRING OF TEMPORARY WORKERS

1. The temporary employment contract is entered into between the temporary worker and Meta Career Agency. The NBBU collective labor agreement for temporary workers applies to the temporary employment contract. There is no employment contract between the hirer and the temporary worker.
2. When the temporary worker is provided by Meta Carrière Uitzendbureau to the hirer, the temporary worker actually works under the management and supervision of the hirer. In doing so the hirer exercises the same care as towards its own employees. Meta Carrière Uitzendbureau as formal employer does not have a view of the workplace and the work to be performed, on the basis of which the hirer must ensure a safe working environment, as well as manage and supervise the temporary worker.
3. The hirer shall not, without the written consent of Meta Carrière Uitzendbureau, lend the temporary worker hired by it in turn to a third party to work under its direction and supervision.
4. Temporary workers may not perform work outside the Netherlands without the prior written consent of Meta Carrière Uitzendbureau.
5. A breach of paragraphs 3 and 4 results in Meta Carrière Uitzendbureau being entitled to immediately terminate the posting of the temporary worker and/or the hiring contract as well as to charge the hirer for all damages resulting from the breach and termination. The hirer then fully indemnifies Meta Career Employment Agency.

ARTICLE 13 CONTENT AND DURATION OF THE HIRING AGREEMENT AND THE POSTING(S)

1. The hiring agreement will include the specific conditions under which the temporary worker is made available to the hirer. The hiring contract cannot be terminated as long as temporary workers are made available to the hirer.
2. The hirer will inform Meta Carrière Uitzendbureau of the intended duration of the posting, on the basis of which Meta Carrière Uitzendbureau can determine the nature and duration of the temporary employment contract with the temporary worker.
3. If the agency work employment contract provides for the agency clause, Meta Career Uitzendbureau, the temporary worker and/or the hirer do not have to observe a notice period if they wish to terminate the posting prematurely, unless otherwise agreed in writing.
4. If the agency work employment contract does not provide for the agency clause, there is an agency work employment contract for a fixed or indefinite period. In this case, the hirer may terminate the posting prematurely only under the condition that the payment obligations associated with the posting continue until the expiry of the agreed duration of the posting. Meta Carrière Uitzendbureau is then entitled to (continue to) charge the user fee to the hirer up to the agreed duration of the posting in accordance with the usual or expected work pattern of the temporary worker, unless Meta Carrière Uitzendbureau and the hirer have agreed otherwise in writing.
5. If the hirer wishes to terminate the posting of temporary workers, the hirer must inform Meta Carrière Uitzendbureau as soon as possible. Meta Carrière Uitzendbureau may charge the hirer for all costs involved in terminating the employment relationship between Meta Carrière Uitzendbureau and the temporary worker.
6. If the reason for termination is a dispute with the temporary worker or a conflict situation, the hirer must inform Meta Carrière Uitzendbureau in a timely manner. Meta Carrière Uitzendbureau will then examine whether the dispute or conflict situation can be resolved
7. Meta Carrière Uitzendbureau may, in connection with its obligation to give notice to the temporary worker, request the hirer at least five weeks before the end of the fixed-term temporary employment contract to indicate whether it intends to continue the posting. The hirer is then obliged to indicate within three days whether it wishes to continue the posting. Failure to inform Meta Carrière Uitzendbureau on time or correctly results in the hirer having to reimburse Meta Carrière Uitzendbureau in full for the costs associated with the compensation under Article 7:668 of the Netherlands Civil Code.

ARTICLE 14 THE HIRER'S RATE, (HOURLY) REMUNERATION AND OTHER FEES

1. The hirer owes Meta Carrière Uitzendbureau the user fee for the deployment of the temporary worker, unless otherwise agreed.
2. The user fee is directly proportional to the wages owed to the temporary worker. The wages and benefits of the temporary worker are determined prior to the posting and if necessary during the posting and are equal to the wages and benefits granted to comparable employees, working in equal or equivalent positions, employed by the hirer (the so-called pay ratio requirement).
3. The pay ratio requirement includes the following components:
   1. Only the applicable period wage in the scale;
4. The applicable working time reduction. This can -at Meta Career Agency's discretion- be compensated in time and/or money;
5. Supplements for overtime, shifted hours, irregular hours (including public holiday supplements) and shift work;
6. Initial wage increase;
7. Non-taxed expense allowances: travel expenses, boarding house costs and other costs necessary due to the performance of the job.
8. Tariff changes as a result of collective bargaining obligations and changes in or as a result of legislation and regulations, such as tax and social legislation and regulations, will be passed on to the hirer as of the time of those changes and will be owed by the hirer accordingly, even if those changes occur during the term of a hiring agreement.

ARTICLE 15 INFORMATION OBLIGATION OF HIRER

1. The hirer informs Meta Career Uitzendbureau in a timely, accurate and complete manner regarding the wage components of the pay ratio rule referred to in Article 14 so that Meta Career Uitzendbureau can determine the temporary worker's wages.
2. If the temporary worker's wages and other allowances cannot be determined in accordance with the pay ratio rule, they will be determined on the basis of discussions conducted by Meta Career Uitzendbureau with the hirer and the temporary worker. In determining the wages, the guiding principle is the level of education and experience of the temporary worker and the necessary capacities entailed in filling that position.
3. Meta Carrière Uitzendbureau is entitled to retroactively correct the hiring rate and charge it to the hirer if it appears that (one of) the components referred to in Article 14(3) have been determined incorrectly.
4. The hirer is responsible for providing all relevant employment history to Meta Carrière Uitzendbureau in connection with the possible applicability of the chain-of-custody provision or successive employership. All costs and damages arising from the incorrect provision of employment history are for the account of the hirer. Incorrect provision of the employment history also means failure to comply with the obligation(s) under this paragraph.

ARTICLE 16 CIVIL CHAIN LIABILITY FOR WAGES

1. In addition to Meta Carrière Uitzendbureau, the hirer is jointly and severally liable to the temporary worker for the payment of the wages owed to the temporary worker unless the hirer qualifies as non-reputable with respect to any underpayment.
2. For the purpose of demonstrating its non-accountability the hirer must in any case inform Meta Carrière Uitzendbureau promptly, correctly and completely regarding the wage components of the wage ratio rule in accordance with Article 15(1).
3. Meta Carrière Uitzendbureau is obliged towards the hirer to pay the temporary worker in accordance with the applicable laws and regulations, including the NBBU collective labor agreement for temporary workers.
4. If the hirer wishes to be further informed about the working conditions of the temporary worker in the context of the chain liability for wages, it shall consult with Meta Carrière Uitzendbureau.
5. The hirer refrains from requesting the data which do not relate to or relate to the wages of the temporary worker. Meta Career Uitzendbureau reserves the right to provide anonymized information to the hirer. With respect to the information obtained relating to the temporary worker, the hirer is obliged to maintain confidentiality.

ARTICLE 17 ENTERING INTO A (DIRECT) EMPLOYMENT RELATIONSHIP BY THE HIRER WITH THE TEMPORARY WORKER

1. The hirer is not permitted within a period of three years (3 years) after the end of the temporary employment contract to enter into an employment contract or other type of employment relationship directly with a temporary worker posted or to be posted.
2. If the hirer wishes to enter into an employment contract or other type of employment relationship directly with a temporary worker provided or to be provided by Meta Carrière Uitzendbureau it must immediately notify Meta Carrière Uitzendbureau in writing. The parties will then meet to discuss the wishes of the hirer. The basic principle is that the hirer owes Meta Carrière Uitzendbureau a reasonable fee for the services provided by Meta Carrière Uitzendbureau in connection with the posting and/or training of the temporary worker in accordance with the provisions of Article 9a (2) of the Law on allocation of workers by intermediaries.
3. Other type of employment relationship as referred to in this article includes:
   1. Appointment as a civil servant;
   2. The agreement of assignment;
   3. Contracting of work;
4. Having the temporary worker made available to the hirer by a third party (for example, another temporary employment agency) for the same or other work.
5. The hirer does not directly enter into an employment contract with the temporary worker if the temporary worker has not validly terminated the temporary employment contract with Meta Career Uitzendbureau.
6. The hirer is prohibited from inducing temporary workers to enter into an employment contract or another type of employment relationship with another company with the intention of hiring the temporary workers through this other company.
7. If within the period described in paragraph 1 of this article the hirer proceeds to take over, the hirer owes Meta Carrière Uitzendbureau a fee of 25% of the gross annual wage, excluding VAT, of the temporary worker concerned. The hirer will at that time receive a fee invoice at the applicable payment term.

ARTICLE 18 SELECTION AND REGISTRATION OF TEMPORARY WORKERS

1. The temporary worker is selected by Meta Career Agency on the one hand on the basis of his skills and abilities and on the other hand on the basis of the job requirements put forward by the hirer.
2. Non-functional requirements which moreover (may) lead to (in)direct discrimination, inter alia related to race, religion, sex and/or disability, cannot be set by the user company. In any case, these requirements will not be honored by Meta Career Agency unless they are made in the context of a target group policy permitted by law to promote equal employment participation.
3. The hirer is entitled, if a temporary worker does not meet the job requirements set by the hirer, to notify Meta Carrière Uitzendbureau within 4 hours of starting work. In that case the hirer is obliged to pay Meta Carrière Uitzendbureau at least the wage owed to the temporary worker plus the employer's share of social security contributions and obligations under the NBBU collective labor agreement.
4. During the term of the temporary employment contract Meta Carrière Uitzendbureau is entitled to make a proposal to replace the temporary worker, for example if the temporary worker is no longer able to perform the work or in connection with a reorganization or redeployment obligation. The hiring rate will then be reset.

ARTICLE 19 DUTY OF CARE ON THE PART OF THE HIRER AND INDEMNITY TOWARDS META CARRIERE TEMPORARY EMPLOYMENT AGENCY

1. The hirer is aware of its obligation under Article 7: 658 of the Dutch Civil Code and the applicable health and safety legislation to ensure a safe workplace for the temporary worker. The hirer provides the temporary worker with concrete instructions to prevent the temporary worker from suffering harm in the performance of his work. The hirer also provides the temporary worker with personal protective equipment insofar as necessary. If the supplies are provided by Meta Carrière Uitzendbureau, Meta Carrière Uitzendbureau is entitled to charge the hirer for the related costs.
2. Before the posting starts, the hirer provides the temporary worker and Meta Carrière Uitzendbureau with the necessary information on the Risk Inventory and Evaluation (RI&E) containing the specific characteristics of the workplace to be hired. The temporary worker must be given sufficient opportunity to familiarise himself with its contents before commencing the work.
3. The hirer is liable towards the temporary worker and Meta Carrière Uitzendbureau for and consequently obliged to compensate the damage suffered by the temporary worker in the performance of his work unless the damage is largely the result of intent or deliberate recklessness of the temporary worker, all subject to the provisions of Article 7.
4. If the temporary worker suffers such injury in the performance of his work that it results in death, the hirer is pursuant to Article 6:108 of the Dutch Civil Code liable to the persons referred to in that article and to Meta Carrière Uitzendbureau to compensate the damage to the said persons, unless the damage is to a significant extent the result of intent or wilful recklessness of the temporary worker, all subject to the provisions of Article 7.
5. The hirer fully indemnifies Meta Carrière Uitzendbureau against claims brought against Meta Carrière Uitzendbureau on account of the hirer's failure to comply with the obligations referred to in this article and will fully reimburse Meta Carrière Uitzendbureau for the associated legal costs. The hirer authorizes Meta Carrière Uitzendbureau to assign its claims referred to in this article to the party or parties directly concerned.
6. The hirer is obliged to ensure adequate, comprehensive liability insurance for all direct and indirect damages referred to in this article.

ARTICLE 20 IDENTIFICATION AND PERSONAL DATA

1. At the commencement of the posting of a temporary worker, the hirer shall establish his identity on the basis of the original identity document. The hirer sets up its administration in such a way that the identity of the temporary worker can be demonstrated.
2. Meta Carrière Uitzendbureau and the hirer treat all personal data of temporary workers provided to them in the context of the posting as confidential and process them in accordance with the provisions of the General Data Protection Regulation (AVG) and other relevant privacy legislation.
3. Depending on the responsibilities and working method, the parties will make agreements in accordance with the AVG and related privacy legislation regarding, among other things, data leaks, rights of data subjects and retention periods. Where there is a joint processing responsibility Meta Carrière Uitzendbureau and hirer make further agreements on inter alia the exercise of the rights of data subjects and the obligation to provide information. These agreements are recorded in a mutual arrangement.
4. The hirer is responsible for only providing or requesting personal data to Meta Carrière Uitzendbureau if and insofar as the hirer is entitled to provide or request these under the AVG.
5. The hirer indemnifies Meta Carrière Uitzendbureau against all claims by candidates, employees, employees of the hirer or other third parties against Meta Carrière Uitzendbureau, in connection with a breach by the hirer of the AVG and other privacy legislation and reimburses the related costs incurred by Meta Carrière Uitzendbureau.

ARTICLE 21 COMPANY CAR AND COMPANY CLOSURE

1. If the hirer intends to provide the temporary worker with a company car, the hirer shall notify Meta Career Uitzendbureau without delay. Only in consultation with Meta Carrière Uitzendbureau does the hirer agree with the temporary worker that the car may be driven privately so that Meta Carrière Uitzendbureau can take this into account in payroll taxes. If the hirer fails to do so it is obliged to compensate the resulting damage, costs and (tax) consequences suffered by Meta Career Uitzendbureau.
2. If during the posting a company closure or mandatory day off takes place, the hirer informs Meta Carrière Uitzendbureau accordingly when entering into the hiring contract so that Meta Carrière Uitzendbureau can take this into account when determining the terms and conditions of employment. If the hirer fails to do so, it will owe Meta Carrière Uitzendbureau the number of hours agreed in the hiring agreement multiplied by the most recently applicable hiring rate during the company closure or mandatory day off.