EMPLOYMENT CONTRACT FOR A FIXED PERIOD
The undersigned:
Work Crew BV
Kerkplein 6
9163 HB Nes (Ameland)
represented here by: T.M. Blom
hereinafter referred to as employer
en
Martin Štulajter
Vinne 3028 Vinne 3028
07231 Vinne
Date of birth: 25-3-1999
Citizen service number: 488172573
hereinafter referred to as employee
declare that they wish to enter into an employment contract with each other, which they record in
writing as follows:
Article 1: Entering into service, duration and trial period
1.1 The employee will be employed by the employer on 15-4-2023.
1.2 The employee is deployed as a skilled worker, within the meaning of Article 1.6 of the
‘Horeca-CAO 2022 – 2023’.
1.3 The employee is hired for a fixed period. The employment contract ends by operation
of law on 1-11-2023, without notice being required.
1.4 The employee enters into employment for part-time employment with an average
working time of five days a week and 36,00 hours a week (144 per period). Working
hours may vary from week to week.
1.5 If the employee is hired as a seasonal worker, in connection with the legal
presumption of the scope of the employment contract as referred to in Article 7: 610b
of the Dutch Civil Code, given the nature of the employment relationship, a period of
one year applies as the reference period.
1.6 The days and times on which the work must be performed are determined by the
employer, who takes the wishes of the employee into account as far as the
requirements of good business operations allow.
1.7 Because the employer's work stock is highly dependent on, among other things, the
weather conditions, the employer will announce the work schedule 3 to 5 days in
advance, in explicit deviation from article 3.3 of the ‘Horeca-CAO 2022 – 2023’.
1.8 If the circumstances within the company make plus hours necessary and the
employer sends a request to the employee to perform plus hours, the employee is
obliged to do so. These hours are registered in the plus and minus hours
administration.
1.9 Accrued plus hours are reimbursed in the form of time off in accordance with the
scheme drawn up in articles 3.13 and 3.14 of the ‘Horeca-CAO 2022 – 2023’.
1.10 Accrued minutes will be settled with the employee in accordance with the scheme set
out in articles 3.13 and 314 of the ‘Horeca-CAO 2022 – 2023’.
1.11 The parties agree on a trial period of 1 month, during which period the parties can
immediately terminate the employment contract without notice and without stating
reasons.
The trial period ends on 15-5-2023.
Signature employer: Signature employee:
Article 2: Notice period
2.1 This employment contract can be terminated prematurely in writing by either party at
the end of the calendar month, with due observance of the statutory rules and the
notice period that applies to the canceling party.
2.2 The employment contract will end by operation of law and without notice being
required on the date on which the employee reaches the state pension age.
2.3 By way of notification within the meaning of article 7: 668 of the Dutch Civil Code it is
stated that this employment contract will not be renewed.
Article 3: Position and remuneration
3.1 The employee is appointed in the corporate function: Housekeeping employee and
dishwasher.
3.2 If required by the employer's business interests, the employee will also perform other
activities than those pertaining to the aforementioned position, or perform activities
for third parties.
3.3 The employee can be seconded by the employer to various catering and restaurant
companies, in different positions, for all occurring activities.
3.4 The employee receives a gross wage of € 1.933,33 per period (excluding holiday
allowance).
3.5 The wages will be paid every 4 weeks, after the period has ended, into a bank or giro
account to be designated by the employee.
3.6 Tips or other wages received by the employee from third parties are not part of the
employment remuneration.
3.7 The employee will be provided with work clothing for the performance of the position.
The clothing is only provided to the employee for this purpose. The employee must
leave the work clothing daily at the location where he / she performs the work. This in
connection with the cleaning of the clothing and tax consequences. The employee
does not take work clothing home.
Article 4: Holidays
4.1 On the basis of full-time employment, the employee is entitled to 20 statutory vacation
days and 5 extra-statutory vacation days.
4.2 In addition to the provisions of the ‘Horeca-CAO 2022 – 2023’ applicable to this
employment contract, the employer has the right - at the expense of the number of
extra-statutory holidays referred to in the ‘Horeca-CAO 2022 – 2023’ - to designate
compulsory days off and / or to designate certain periods as company holidays,
during which period the company or a certain department thereof is closed. The
employee is then obliged to take vacation days.
4.3 If, on the date on which the employment contract ends, the employee appears to have
taken more vacation days than he had accrued, then the salary paid to him for these
excess days is deemed to have been paid by way of advance and the employer is
entitled to this settle paid salary and / or reclaim it.
4.4 An 8% holiday allowance will be paid to the employee.
4.5 The holiday allowance is settled per period and is paid in addition to the hourly wage
referred to in Article 3.4.
Article 5: Retirement
5.1 If and insofar as the mandatory participation scheme applies, the employee will be
registered by the employer with the ‘Pensioenfonds Horeca & Catering (PH&C)’.
Article 6: Incapacity for work
6.1 The employee is obliged to submit to the control regulations with regard to
absenteeism, which have been established by or on behalf of the employer in the
'verzuimprotocol' as included in article 7 of the ''Personeelshandboek Work Crew B.V.'
(https://werkopameland.nl/personeelshandboek/).
By signing this agreement, the employee declares to be able to find and have read the
'verzuimprotocol'.
Signature employer: Signature employee:
6.2 The employer is always authorized to change the 'verzuimprotocol’ referred to in
Article 6.1.
6.3 In the event of non-compliance with the inspection regulations referred to in Article
6.1, the employer is authorized to suspend payment of the wages on the basis of the
provisions of Article 7: 629 paragraph 6 of the Dutch Civil Code.
6.4 If the employee becomes incapacitated for work within four weeks after the end date
of the employment contract and at that time is not working for another employer or
receives unemployment benefits, he is obliged to report sick to the employer
immediately. At that time, the employee is obliged to submit to the control regulations
from the 'verzuimprotocol' as included in Article 7 of the 'Personeelshandboek Work
Crew B.V.' (https://werkopameland.nl/personeelshandboek/) and to participate in the
employer's reintegration efforts.
Article 7: Safety and house rules
7.1 The employee is obliged to adhere to the safety regulations laid down by or on behalf
of the employer in the 'algemene veiligheidsvoorschriften' as included in article 6 of
the 'Personeelshandboek Work Crew B.V.
(https://werkopameland.nl/personeelshandboek/)
The employee declares by signing this agreement that he can find and have read the
'algemene veiligheidsvoorschriften'.
7.2 The employer is always authorized to change the 'algemene veiligheidsvoorschriften'
referred to in Article 7.1.
7.3 The employee is obliged to adhere to the regulations laid down by or on behalf of the
employer in the 'huisreglement' as included in article 5 of the 'Personeelshandboek
Work Crew B.V.' (https://werkopameland.nl/personeelshandboek/).
By signing this agreement, the employee declares that he can find and have read the
'huisreglement'.
7.4 The employer is always authorized to amend the 'huisreglement’ referred to in Article
7.3.
7.5 During working hours, there is (random) control by means of camera surveillance. The
employer reserves the right to use hidden cameras during the inspection.
Article 8: Duty of confidentiality
8.1 The employee acknowledges that confidentiality has been imposed on him by the
employer regarding all particulars within the company of the employer and the clients
of the employer, or in connection therewith.
8.2 The employee is prohibited, either during the term of the employment contract, or
afterwards in any way whatsoever, directly or indirectly, in any form whatsoever, from
or regarding the company of the employer as well as from or regarding the employer's
clients.
8.3 In case of violation of the prohibitions referred to in Article 8.1 and Article 8.2, the
employee forfeits to the employer, in deviation from paragraphs 3 to 5 of Article 7: 650
BW, an immediate and lump-sum penalty of € 2,500 (in words two thousand five
hundred euros) for each violation, without the employer being obliged to prove
damage and without prejudice to the employer's right to claim compensation, if and
insofar as the damage exceeds the amount of the fines.
Article 9: Ban secondary activities
9.1 The employee refrains from performing work for third parties equal to or comparable
to the work to be performed for the employer, from doing business for his own
account equal to or comparable with the business of the employer, as well as from
any direct or indirect involvement or financial interest in such activities or matters, all
this subject to the express prior written consent of the employer.
9.2 In the event of violation of the provisions of article 9.1, the employee forfeits to the
employer, in deviation from paragraphs 3 to 5 of article 7: 650 BW, an immediately
payable fine of € 2,500.00 (in words: two thousand five hundred euros) per violation
and € 250 (in words: two hundred and fifty euros) for each day that the violation
Signature employer: Signature employee:
continues, without the employer being obliged to prove damage and without prejudice
to the employer's right to claim compensation, if and insofar as the damage exceeds
the amount of the fine.
9.3 If the employee becomes incapacitated for work as a result of ancillary activities that
are prohibited on the basis of the provisions of article 9.1, the employer will be entitled
to terminate the employment contract on that basis, or at least the employer will not
be obliged to continue paying the employee's wages.
Article 10: Further provisions
10.1 The ‘Horeca-CAO 2022 – 2023’, including appendices and including any future
changes, applies to this employment contract. The ‘Horeca-CAO 2022 – 2023’ can be
found at https://werkopameland.nl/personeelshandboek/. The relevant collective
labor agreement, including appendices and including any future changes, form an
integral part of this employment contract. By signing this employment contract, the
employee declares that he / she agrees to the ‘Horeca-CAO 2022 – 2023’, including
appendices and including any future changes.
10.2 The ‘Personeelshandboek Work Crew B.V.’, including appendices and including any
future changes, applies to this employment contract. The ‘Personeelshandboek Work
Crew B.V.’ can be found at https://werkopameland.nl/personeelshandboek/. The
relevant ‘Personeelshandboek Work Crew B.V.' including appendices and including
any future changes form an integral part of this employment contract. By signing this
employment contract, the employee declares to agree with the provisions in the
‘Personeelshandboek Work Crew B.V.' including attachments and including any future
changes. The employee is aware of this and agrees that the ‘Personeelshandboek
Work Crew B.V.' can be changed unilaterally by the employer.
Article 11: Identification obligation
11.1 In the context of the Identification Act, the employee is obliged to enable the employer
to establish his identity on the basis of a passport, identity card, tourist card or
foreigner's document upon commencement of employment, and he is also required to
provide a legally valid identity document at all times during working hours. (e.g.
driver's license).
Article 12: Properties of employer
12.1 All goods, including work clothing, all information in whatever form, automated files
and other data carriers that the employee of or for the employer has during the
employment contract, are and remain the property of the employer. The employee is
obliged to return these goods to the employer in good condition at the employer's first
request and upon termination of the employment contract.
Article 13: Deviations and adjustments
13.1 This employment agreement is deemed to contain a complete representation of the
relevant agreements between the parties, as they existed at the time of signing the
agreement.
13.2 The employer is entitled to change one or more employment condition (s) arising from
this employment contract in the cases as stated in Article 7: 613 of the Dutch Civil
Code (i.e. if the employer has such an important interest in this change that the
interest of the employee that would be harmed by the change must give way to
standards of reasonableness and fairness).
Article 14: Applicable law / competent court
14.1 Dutch law applies to this employment contract to the exclusion of any other legal
system.
14.2 The Dutch court has exclusive jurisdiction to settle disputes arising from this
agreement.
Signature employer: Signature employee:
By signing this employment agreement, the employee declares to agree with all provisions in this
employment agreement, ‘Horeca-CAO 2022 – 2023’ and the 'Personeelshandboek Work Crew B.V.'
(https://werkopameland.nl/personeelshandboek/).
Thus agreed, drawn up in duplicate and signed
Signature: Signature:
In Nes In Nes
Date: dinsdag 21 februari 2023 Date: dinsdag 21 februari 2023
On behalf of the employer The employee
Tess Blom Martin Štulajter
Signature employer: Signature employee:
Document Audit Information
Document Title Contract Martin Stulajter
Created By Tess Blom
Document Created Date 21/02/23 13:15
Total Signers 2
Signature 1 Martin Stulajter
Signature 1 Date 21/02/23 16:45
Signature 2 Tess Blom
Signature 2 Date 23/02/23 12:58
Status In afwachting
Unique Identifier 57d66561e3a3a8f3ee4ad9519862f526