definitions

1. Temp services means an assignment where one or several temporary workers, who are employed by Randstad A/S, are selected and shall be made available to the Client to work under the Client's supervision and control.

2. Temporary Staffing Agreement means the agreement made between Randstad A/S and the Client regarding Temp services.

3. Assignment confirmation means the confirmation of the Temporary job submitted by Randstad A/S to the Client by email or regular mail.

4. Temporary job means the specific assignment of a temporary worker at the Client, to which the assignment  onfirmation is related.

services and scope

5. Randstad A/S shall provide the Temp Services to the Client and at the request of the client make the temporary worker(s) available to the Client on the basis of Randstad A/S' knowledge of the qualifications, skills and competencies of the temporary worker(s) in question.

6. The Parties undertake to act in a manner consistent with the principle of good faith and fairness, and they shall cooperate with one another during the performance and under the effectiveness of the present contract.

7. The Client confirms/represents that the provision of services by and payment by Client to Randstad A/S shall not result in any breach of any trade, economic or financial sanctions laws or regulations.

8. These general terms and conditions shall apply to all assignment confirmations and agreements, which Randstad A/S offers to and concludes with the Client regarding Temporary services, try & hire etc.

period

9. The Temporary Staffing Agreement or the assignment confirmation shall take effect and apply for the period specified therein.

10. All Temporary Staffing Agreements have a contract number. In case the Temporary job is renewed in excess of the agreed period, Randstad A/S and the Client will apply this number for the renewal of the Temporary job. When the Client confirms a contract number in writing, the Client thereby confirms its consent to content and terms

of the Temporary Staffing Agreement and any extension thereof.

11. The Client's notice period in relation to a Temporary Job shall always follow Randstad's notice period in relation to the temporary worker. The notice period thus depends on the collective agreement applying to the temporary worker.

remuneration and price

12. Prior to the commencement of the Temporary Staffing Agreement, the Client submits all relevant information to Randstad A/S, including an accurate description of function, required qualifications, working hours, pay, rates, allowances, pension, pay during sickness, working time, place of work, overtime, breaks, rest periods, night work, holiday, special holiday, working conditions and applicable collective agreement(s), local workplace agreements etc.

13. Randstad A/S shall determine the price based on the above information. The Client shall inform Randstad A/S immediately and not later than 2 days from the receipt of this Temporary Staffing Agreement, if the information in the presentation is incomplete or incorrect or in case the level of the Temporary job does not correspond with the job the temporary worker actually does.

14. Randstad A/S is entitled to adjust the remuneration of the temporary worker and the price from the date the temporary worker started the Temporary job in accordance with corrected information. Client shall reimburse to Randstad A/S the expenses, and extra payment and fines

for the temporary worker, if required.

15. The Client shall inform Randstad A/S about all taxable benefits, which are granted to the temporary worker, as Randstad A/S is the employer and responsible for reporting these to the tax authorities.

the client's obligations and responsibilities

16. Randstad A/S points out that, according to the Danish Act on the Legal Rights of Temporary Agency Workers, the Client has the following obligations in relation to the temporary worker:

(i) The Client shall inform the temporary worker about any vacant positions with the Client e.g. via postings on an appropriate location in the company or via the Intranet.

(ii) The temporary worker shall have access to the Client's collective facilities and goods, such as a canteen, childcare, fruit scheme,massage facilities, parking space, home workstation, transport facilities, access to fitness room etc. on equal terms with the Client's own employees. However, this does not apply if there are objective reasons for the differential treatment, e.g. if it would involve excessively great expense or major, practical difficulties. The same

seniority requirements shall apply with regard to the collective goods, which may apply to the Client's own employees. The Client shall inform the employee representatives about the company's use of temporary workers.

(iii) The Client shall have the day-to-day instructional authority in relation to the temporary worker, and the temporary worker shall be subject to the Client's work rules, supervision and control. The Client shall ensure that the temporary worker is covered by the Client's indemnity and industrial injury insurance. Therefore, the Client will be invoiced all costs related to the temporary workers salary during the absence period related to work-related sickness and/or work-related injury. 

17. As the temporary worker will be working under the supervision and control of Client, the Client is solely liable for damages caused by the temporary worker to either Client itself, or a third party.

guarantee

18. If the Client informs Randstad A/S within the first 8 hours of the temporary job that the temporary worker does not match the specified qualifications, Randstad A/S shall credit the Client with the time incurred. If this deadline is not observed, Randstad A/S reserves the

right to send the Client an invoice for the number of hours worked by the temporary worker. If the temporary job is only agreed for one day or less, Randstad A/S shall be notified within 4 hours after the temporary worker has started the job.

payment and invoicing

19. Payment for Sundays and public holidays, overtime and staggered working hours is made in accordance with the applicable collective agreement for the temporary job.

20. Invoicing will be performed once a week. The Client must pay within 10 days from the date of the invoice. Any delayed payment shall be considered a breach by the Client, which implies that the due amount shall bear interest at a rate of 2% per month or fraction of a month without further notice. Randstad A/S reserves the right to claim additional compensation.

21. The minimum fee for Temporary jobs is 4 hours a day per temporary job.

randstad’s obligations and responsibilities

22. Randstad A/S shall provide the temporary services professionally and with great care.

23. Randstad A/S shall make every effort to ensure that all information regarding the temporary worker is correct and complete. If, contrary to expectation and in bad faith, the temporary worker has provided incorrect and incomplete information, Randstad A/S cannot be held liable for the consequences this may have.

24. Randstad A/S undertakes to act in a manner consistent with the principle of good faith and fairness, and shall cooperate with the Client during the performance and under the effectiveness of the present contract. The Client will promptly notify Randstad A/S if Randstad A/S is in breach of its obligations or Randstad A/S’ non-performance under this agreement, at least within 3 months after becoming aware of such failure. Randstad A/S will be liable for the damage as a direct result of such breach or non-performance of Randstad A/S. Randstad A/S’ liability shall not exceed the fees paid by the Client under the specific Assignment confirmation that gave rise to such claim, subject to a maximum of three months. Liability for indirect and consequential damages is excluded.

data protection

25. At all times, both Randstad A/S and the Client shall comply with their respective obligations subject to the applicable data protection legislation in connection with any personal data (i.e. data related to an individual), which the Client will receive from Randstad A/S during the performance of its responsibilities and obligations in accordance with this present Agreement. Personal data provided by Randstad A/S

to the Client shall be provided (i) with a view to evaluating the proposed candidate (ii) in compliance with all applicable laws and regulations and (iii) for purposes related to the candidate’s temporary

position with the Client.

26. The Client shall not be entitled to apply the personal data for any other purpose than to assess the proposed candidate for a temporary position with the Client.

27. The Client shall not be entitled to obtain references for the presented candidates without Randstad A/S’ prior written consent.

28. Randstad A/S shall inform all candidates that Randstad A/S will disclose their personal data to parties such as Randstad A/S’ clients and suppliers in accordance with Randstad’s Privacy Policy. The candidates upon their registration in Randstad’s candidate database accept this Privacy Policy.

the completeness, transfer, governing law and jurisdiction of the temporary staffing agreement

29. Any amendments of and supplements to these General terms and conditions shall be included in the Temporary staffing Agreement, just as all confirmations in oral form or by telephone shall be confirmed in writing to be binding.

30. Randstad A/S may (without the Client's consent) assign their receivables pursuant to the Temporary Staffing Agreement to a third party.

31. These Terms and Conditions, as well as any Temporary Staffing Agreement or other agreements on Temp services in pursuance hereof, shall be subject to Danish law with the exception of the law's provisions on governing law. Any disputes between the parties shall be brought before the Copenhagen City Court as exclusive jurisdiction of first instance.

the client’s duty of disclosure in relation to Randstad A/S

32. With the Danish Act on the Legal Rights of Temporary Agency Workers, all staffing agencies in Denmark have been assigned a number of obligations in relation to the terms of the staffing agencies. This increases the need for the Client to ensure that the staffing agency receives all information regarding a number of terms that apply with the customer. The scope of this duty of disclosure depends on whether Randstad A/S and/or the Client are covered by a collective agreement for the sector, which the temporary worker shall work within. This will be amplified below.

collective agreements

33.

a. Randstad A/S currently has a collective agreement within the following sectors:

  • National collective agreement for  salaried employees within the sectors of trade, knowledge and  service between the Danish Chamber of Commerce and HK/Retail and Wholesale trade - HK/Private (Funktionæroverenskomsten for Handel, Viden og Service mellem Dansk Erhverv Arbejdsgiver og HK/Privat og HK Handel)
  • National collective agreement for temporary workers between the Danish Chamber of Commerce and the United Federation of Danish Workers (3F) (Landsoverenskomst for vikarer mellem Dansk Erhverv Arbejdsgiver og Fagligt Fælles Forbund)
  • National collective agreement between the Danish Chamber of Commerce and the Danish Association of Professional Technicians (Landsoverenskomst Teknisk Landsforbund mellem Dansk Erhverv Arbejdsgiver og Teknisk Landsforbund)
  • Collective agreement between the Confederation of Danish Industries and the Central Organization of Industrial Employees in Denmark  (Industriens overenskomsten med DI of COindustri)
  • Randstad A/S's corporate collective agreement within the wood sector between Randstad A/S and the United Federation of Danish Workers (3F) (Randstads virksomhedsoverenskomst på træindustriområdet mellem Randstad A/S og Fagligt Fælles Forbund)
  • Randstad A/S's corporate collective agreement within the dairy sector between Randstad A/S and the Trade Union NNF, the dairy industry (Randstads virksomhedsoverenskomst på mejeriområdet mellem Randstad A/S og Nærings- og Nydelsesmiddelarbejder Forbundet, Mejeribranchen)
  • Randstad A/S's corporate collective agreement within the baking and milling sector between Randstad A/S and the Trade Union NNF, the baking and milling industry (Randstads virksomhedsoverenskomst på bager – og mølleområdet mellem Randstad A/S og Nærings- og  Nydelsesmiddelarbejder Forbundet Håndværker/industrigruppen, Bager – og Møllerbranchen)
  • Building Agreement between Danish Construction Association (Dansk Byggeri) and the United Federation of Danish Workers (3F9 (Bygningsoverenskomsten mellem Dansk Byggeri og 3F)

Within the fields of the collective agreements mentioned above, the law does not require that the staffing agency apply equal treatment in relation to the terms of the Client. In principle, Randstad A/S may choose only to follow the collective agreements of the agency.

However, the Client should state whether the Client has a collective agreement or a local workplace agreement including terms that the Client is obliged to observe, so that Randstad A/S can also consider the Client’s collective agreement obligations.This could e.g. be the collective agreement of the industrial sector. Randstad A/S shall reserve the right to adjust the pricing agreement accordingly.

b. If the temporary job is not covered by the collective agreements mentioned above, and the Client has a collective agreement/local workplace agreement/practice that includes the work in question, the Client is obliged to ensure that Randstad A/S receives a copy of these and/or a proper description of the content of these with regard to the rules on pay, working time, overtime, breaks, rest periods, night work, holiday and public holidays. This information

requirement is a consequence of the principle of equal treatment in the Danish Act on the Legal Rights of Temporary Agency Workers, ensuring that Randstad A/S is obliged to give the temporary worker the same terms and conditions within the areas mentioned as if the temporary worker had been employed directly by the Client to perform the same work.

c. If neither Randstad A/S nor the Client has a collective agreement and/or a local workplace agreement covering the work in question, the principle of equal treatment shall imply that equal treatment is applied in accordance with other binding general provisions with the Client, e.g. practices. In this case, the Client is obliged to ensure that Randstad A/S receives proper information on the content of these with regard to the rules on pay, working time, overtime, breaks, rest periods, night work, holiday and public holidays.

d. In the situations where the principle of equal treatment must be observed, cf. 33. b. and 33.c. the Client shall also provide relevant information if the Client has special rules on:

  • Protection of pregnant or nursing women, e.g. payment in connection with maternity leave up to the 14th week after the birth
  • Protection of children and young people
  • Equal treatment of men and women or
  • Combating of differential treatment based on gender, race, ethnic origin, religion or faith, disability, age, or sexual

    orientation.

As Randstad A/S is also obliged to observe the principle of equal treatment of the temporary workers in relation to any such terms.

e. The Client is obliged to notify Randstad A/S immediately of any amendments of the Client’s collective agreements etc. cf. the duty of disclosure in items

33 a, b, c, and d, including, but not limited to collective agreement coverage of additional responsibilities, renewals of collective agreements and amendments of existing collective agreements, local workplace agreements, practices etc.as well as special rules relevant to the work performed by temporary workers from Randstad A/S.

f. The listed prices will be changed in accordance with any collective agreement amendments during the term of the agreement, just as the listed prices, apart from any collective agreement amendments, will be adjusted once a year on 1 March without prior notice, at the percentage change in the net consumer-price index.

consequences of non-compliance of the Client’s duty of disclosure in relation to Randstad A/S

34. The prices of Randstad A/S are calculated based on the information provided in items 33 a-d above. If the Client has not provided correct and proper information in accordance with item33, Randstad A/S shall reserve the right to adjust the agreed prices in relation to the future cooperation accordingly.

In case of amendments of the Client’s collective agreements etc. as mentioned under item 33 e, Randstad A/S shall also reserve the right to adjust the agreed prices in relation to the future cooperation accordingly. To the extent that the Client has not provided correct or proper information in accordance with item 33 and Randstad A/S consequently incurs extra costs (e.g. fines, emuneration and/or additional payment to the temporary worker), Randstad A/S is entitled to require reimbursement of any such costs from the Client.