Common use of Cessation of Work Clause in Contracts

Cessation of Work. 1. If, during the term of a temporary employment contract under which the temporary employment agency has an obligation to continue to pay wages to the temporary worker, the work ceases because the posting order is cancelled, the temporary employment agency will be under an obligation to look for suitable alternative work and to offer it to the temporary worker. The temporary worker is obliged to accept suitable alternative work during the term of this temporary employment contract. 2. Suitable alternative work is understood to mean work that is the same grade as – or not more than two grades lower than – the old job. The job classification in Schedule 4 to this collective agreement provides guidelines for this. The temporary employment agency should also take as much account as possible of the work experience, standard of training and physical aptitude of the temporary worker, the old work pattern and the travelling time to the place of work. 3. If no alternative work can be offered, the temporary employment agency is under the obligation to continue to pay wages to the temporary worker during the term of the temporary employment contract. The temporary worker is entitled to continue to receive his last pay. If suitable alternative work is offered the pay will be determined anew in accordance with the pay ratio rule set out in Article 22. If the new rate of pay is higher than or equal to the old rate of pay, it will apply immediately at the start of the activities. 4. If the new rate of pay is lower than the old rate of pay, the pay will be scaled back to the new rate of pay in three proportionate steps over a period of three months. 5. The scope of the temporary employment contract is determined by the number of hours defined in the contract. If the scope of the work has not been agreed or not clearly agreed, the following will apply. If a temporary employment contract has been in effect for at least three months, the scope of the stipulated work is assumed to be equal to the average scope of the work in each of the three previous months. 6. The obligation to look for and offer suitable alternative work and the obligation to continue to pay wages to the temporary worker lapse if the temporary worker terminates his registration as provided in Article 6, is no longer available for work or refuses an offer of suitable alternative temporary work. A temporary worker who has accepted work elsewhere or is no longer available for work for another reason must notify the temporary employment agency accordingly forthwith. 7. If it is evident at any time that suitable alternative work cannot be offered to a temporary worker, the temporary employment agency may apply to UWV WERKbedrijf (Public Employment Service) for permission to dismiss the temporary worker in question. Where a temporary worker has an employment history of less than five years, an application for permission to dismiss the temporary worker in question may be submitted only after the temporary employment agency has attempted to find alternative employment for the temporary worker during a period of at least one month. If a temporary worker has an employment history of five to ten years, the temporary employment agency must have attempted to find alternative employment during a period of at least three months, and in the case of an employment history of over 10 years the attempts must have lasted at least four months. The efforts to find alternative work should be capable of being proved. The period during which the efforts to find alternative work are made starts when the last posting terminates. The provisions of Articles 13 to 16 on the phases system and the period and chain system also apply to the determination of the employment history. 8. If the temporary employment agency has obtained permission from UWV WERKbedrijf to dismiss a temporary worker as referred to in the previous Paragraph, the employment relationship may be validly terminated subject to the applicable period of notice. The temporary employment agency may also request the Subdistrict Court (kantonrechter) to rescind the temporary employment contract.

Cessation of Work. 1. If, during the term of a temporary employment contract under which the temporary employment agency has an obligation to continue to pay wages to the temporary worker, the work ceases because the posting order is cancelled, the temporary employment agency will be under an obligation to look for suitable alternative work and to offer it to the temporary worker. The temporary worker is obliged to accept suitable alternative work during the term of this temporary employment contract. 2. Suitable alternative work is understood to mean work that is the same grade as – or not more than two grades lower than – the old job. The job classification in Schedule 4 5 to this collective agreement provides guidelines for this. The temporary employment agency should also take as much account as possible of the work experience, standard of training and physical aptitude of the temporary worker, the old work pattern and the travelling time to the place of work. 3. If no alternative work can be offered, the temporary employment agency is under the obligation to continue to pay wages to the temporary worker during the term of the temporary employment contract. The temporary worker is entitled to continue to receive his last pay. If suitable alternative work is offered the pay will be determined anew in accordance with the pay ratio rule set out in Article 22. If the new rate of pay is higher than or equal to the old rate of pay, it will apply immediately at the start of the activities. 4. If the new rate of pay is lower than the old rate of pay, the pay will be scaled back to the new rate of pay in three proportionate steps over a period of three months. 5. The scope of the temporary employment contract is determined by the number of hours defined in the contract. If the scope of the work has not been agreed or not clearly agreed, the following will apply. If a temporary employment contract has been in effect for at least three months, the scope of the stipulated work is assumed to be equal to the average scope of the work in each of the three previous months. 6. The obligation to look for and offer suitable alternative work and the obligation to continue to pay wages to the temporary worker lapse if the temporary worker terminates his registration as provided in Article 6, is no longer available for work or refuses an offer of suitable alternative temporary work. A temporary worker who has accepted work elsewhere or is no longer available for work for another reason must notify the temporary employment agency accordingly forthwith. 7. If it is evident at any time that suitable alternative work cannot be offered to a temporary worker, the temporary employment agency may apply to UWV WERKbedrijf (Public Employment Service) for permission to dismiss the temporary worker in question. Where a temporary worker has an employment history of less than five years, an application for permission to dismiss the temporary worker in question may be submitted only after the temporary employment agency has attempted made an effort without results during a reasonable term1 to find alternative employment for reassign the temporary worker during (with the help of training or not) in a suitable position there is a reasonable ground for termination of the temporary employment contract. It should then also be expected that the temporary worker will not be able to perform the same or similar work for that hirer within a period of at least one month26 weeks. If a temporary worker has an employment history of five to ten years, the The temporary employment agency must have attempted to find alternative employment during a period can then request permission from the UWV for termination of at least three months, and in the case of an employment history of over 10 years the attempts must have lasted at least four months. The efforts to find alternative temporary work should be capable of being proved. The period during which the efforts to find alternative work are made starts when the last posting terminates. The provisions of Articles 13 to 16 contract on the phases system and the period and chain system also apply to the determination basis of the employment historyeconomic circumstances. 8. If the temporary employment agency has obtained permission from the UWV WERKbedrijf to dismiss a temporary worker as referred to in the previous Paragraph, the employment relationship may be validly terminated subject to the applicable period of notice. The temporary employment agency may also request the Subdistrict Court (kantonrechter) to rescind the temporary employment contract.

Cessation of Work. 1. If, during the term of a temporary employment contract under which the temporary employment agency has an obligation to continue to pay wages to the temporary worker, the work ceases because the posting order is cancelled, the temporary employment agency will be under an obligation to look for suitable alternative work and to offer it to the temporary worker. The temporary worker is obliged to accept suitable alternative work during the term of this temporary employment contract. 2. Suitable alternative work is understood to mean work that is the same grade as – or not more than two grades lower than – the old job. The job classification in Schedule 4 5 to this collective agreement provides guidelines for this. The temporary employment agency should also take as much account as possible of the work experience, standard of training and physical aptitude of the temporary worker, the old work pattern and the travelling time to the place of work. 3. If no alternative work can be offered, the temporary employment agency is under the obligation to continue to pay wages to the temporary worker during the term of the temporary employment contract. The temporary worker is entitled to continue to receive his last pay. If suitable alternative work is offered the pay will be determined anew in accordance with the pay ratio rule set out in Article 22. If the new rate of pay is higher than or equal to the old rate of pay, it will apply immediately at the start of the activities. 4. If the new rate of pay is lower than the old rate of pay, the pay will be scaled back to the new rate of pay in three proportionate steps over a period of three months. 5. The scope of the temporary employment contract is determined by the number of hours defined in the contract. If the scope of the work has not been agreed or not clearly agreed, the following will apply. If a temporary employment contract has been in effect for at least three months, the scope of the stipulated work is assumed to be equal to the average scope of the work in each of the three previous months. 6. The obligation to look for and offer suitable alternative work and the obligation to continue to pay wages to the temporary worker lapse if the temporary worker terminates his registration as provided in Article 6, is no longer available for work or refuses an offer of suitable alternative temporary work. A temporary worker who has accepted work elsewhere or is no longer available for work for another reason must notify the temporary employment agency accordingly forthwith. 7. If it is evident at any time that suitable alternative work cannot be offered to a temporary worker, the temporary employment agency may apply to UWV WERKbedrijf (Public Employment Service) for permission to dismiss terminate the temporary worker in questionemployment contract. Where a temporary worker has an employment history of less than five years, an application for permission to dismiss the temporary worker in question may be submitted only after the temporary employment agency has attempted to find alternative employment for the temporary worker during a period of at least one month. If a temporary worker has an employment history of five to ten years, the temporary employment agency must have attempted to find alternative employment during a period of at least three months, and in the case of an employment history of over 10 years the attempts must have lasted at least four months. The efforts to find alternative work should be capable of being proved. The period during which the efforts to find alternative work are made starts when the last posting terminates. The provisions of Articles 13 to 16 on the phases system and the period and chain system also apply to the determination of the employment history. 8. If the temporary employment agency has obtained permission from UWV WERKbedrijf to dismiss a temporary worker as referred to in the previous Paragraph, the employment relationship may be validly terminated subject to the applicable period of notice. The temporary employment agency may also request the Subdistrict Court (kantonrechter) to rescind the temporary employment contract.

Cessation of Work. 1. If, during the term of a temporary employment contract under which the temporary employment agency has an obligation to continue to pay wages to the temporary worker, the work ceases because the posting order is cancelled, the temporary employment agency will be under an obligation to look for suitable alternative work and to offer it to the temporary worker. The temporary worker is obliged to accept suitable alternative work during the term of this temporary employment contract. 2. Suitable alternative work is understood to mean work that is the same grade as – or not more than two grades lower than – the old job. The job classification in Schedule 4 5 to this collective agreement provides guidelines for this. The temporary employment agency should also take as much account as possible of the work experience, standard of training and physical aptitude of the temporary worker, the old work pattern and the travelling time to the place of work. 3. If no alternative work can be offered, the temporary employment agency is under the obligation to continue to pay wages to the temporary worker during the term of the temporary employment contract. The temporary worker is entitled to continue to receive his last pay. If suitable alternative work is offered the pay will be determined anew in accordance with the pay ratio rule set out in Article 22. If the new rate of pay is higher than or equal to the old rate of pay, it will apply immediately at the start of the activities. 4. If the new rate of pay is lower than the old rate of pay, the pay will be scaled back to the new rate of pay in three proportionate steps over a period of three months. 5. The scope of the temporary employment contract is determined by the number of hours defined in the contract. If the scope of the work has not been agreed or not clearly agreed, the following will apply. If a temporary employment contract has been in effect for at least three months, the scope of the stipulated work is assumed to be equal to the average scope of the work in each of the three previous months. 6. The obligation to look for and offer suitable alternative work and the obligation to continue to pay wages to the temporary worker lapse if the temporary worker terminates his registration as provided in Article 6, is no longer available for work or refuses an offer of suitable alternative temporary work. A temporary worker who has accepted work elsewhere or is no longer available for work for another reason must notify the temporary employment agency accordingly forthwith. 7. If it is evident at any time that suitable alternative work cannot be offered to a temporary worker, the temporary employment agency may apply to UWV WERKbedrijf (Public Employment Service) for permission to dismiss the temporary worker in question. Where a temporary worker has an employment history of less than five years, an application for permission to dismiss the temporary worker in question may be submitted only after the temporary employment agency has attempted made an effort without results during a rea- sonable term to find alternative employment for reassign the temporary worker during (with the help of training or not) in a suitable position there is a reasonable ground for termination of the temporary em-ployment contract. It should then also be expected that the temporary worker will not be able to perform the same or similar work for that hirer within a period of at least one month26 weeks. If a temporary worker has an employment history of five to ten years, the The temporary employment agency must have attempted to find alternative employment during a period can then request permission from the UWV for termination of at least three months, and in the case of an employment history of over 10 years the attempts must have lasted at least four months. The efforts to find alternative temporary work should be capable of being proved. The period during which the efforts to find alternative work are made starts when the last posting terminates. The provisions of Articles 13 to 16 contract on the phases system and the period and chain system also apply to the determination basis of the employment historyeconomic circumstances. 8. If the temporary employment agency has obtained permission from the UWV WERKbedrijf to dismiss a temporary worker as referred re-ferred to in the previous Paragraph, the employment relationship may be validly terminated termi-nated subject to the applicable period of notice. The temporary employment agency may also request the Subdistrict Court (kantonrechter) to rescind the temporary employment contract.