Common use of LEGAL POSITION Clause in Contracts

LEGAL POSITION. 1. Phase 1-2 a. The agency worker is working in phase 1-2, as long as he has not worked for the same employment agency for more than 78 weeks. b. In phase 1-2, the agency worker is always working on the basis of an agency work employment contract with agency clause, unless it has been explicitly agreed in writing in the agency work employment contract that the agency clause does not apply. c. The 78 weeks in phase 1-2 are added up (only weeks worked are counted), as long as any interruption between two agency work employment contracts does not exceed six months. If there has been an interruption of six months or more, the counting of phase 1-2 starts at zero again. d. The agency work employment contract for a definite period of time without agency clause which, within one month, succeeds a previous agency work employment contract for a definite period of time without agency clause with the same employment agency and the same client, can only be entered into for a minimum duration of four weeks. e. From 3 January 2022, a period of 52 weeks worked instead of 78 worked weeks applies to an agency worker who starts counting the weeks worked in phase 1-2 on or after 3 January 2022. In the case of this agency worker, whenever this paragraph under a to d reads 78 weeks worked, it must be read as 52 weeks worked. f. For an agency worker who started counting the weeks worked in phase 1-2 before 3 January 2022 (whether or not on the basis of successive employer status) and there has not been an interruption of more than six months, a term of 52 weeks worked instead of 78 worked weeks applies from 2 January 2023. For this agency worker, whenever this paragraph under a to d reads 78 weeks worked, it must from that moment also read 52 weeks worked. This means that: • the agency worker who on 2 January 2023 worked in phase 1-2 52 weeks or more enters phase 3; • the agency worker who on 2 January 2023 worked in phase 1-2 not yet 52 weeks or more enters phase 3 on the date on which the number of hours worked is 52 after 2 January 2023 and his employment is continued. When entering phase 3, the then current or new agency work employment contract will be regarded as the first agency work employment contract in phase 3. The 53rd to 78th weeks worked in phase 1-2 before 2 January 2023 do not count in phase 3 in terms of duration and number of agency work employment contracts

LEGAL POSITION. 1. Phase 1-2 a. The agency worker is working in phase 1-2, as long as he has not worked for the same employment agency for more than 78 weeks. b. In phase 1-2, the agency worker is always working on the basis of an agency work employment contract with agency clause, unless it has been explicitly agreed in writing in the agency work employment contract that the agency clause does not apply. c. The 78 weeks in phase 1-2 are added up (only weeks worked are counted), as long as any interruption between two agency work employment contracts does not exceed six months. If there has been an interruption of six months or more, the counting of phase 1-2 starts at zero again. d. The agency work employment contract for a definite period of time without agency clause which, within one month, succeeds a previous agency work employment contract for a definite period of time without agency clause with the same employment agency and the same client, can only be entered into for a minimum duration of four weeks. e. From 3 January 2022, a period of 52 weeks worked instead of 78 worked weeks applies to an agency worker who starts counting the weeks worked in phase 1-2 on or after 3 January 2022. In the case of this agency worker, whenever this paragraph under a to d reads 78 weeks worked, it must be read as 52 weeks worked. f. For an agency worker who started counting the weeks worked in phase 1-2 before 3 January 2022 (whether or not on the basis of successive employer status) and there has not been an interruption of more than six months, a term of 52 weeks worked instead of 78 worked weeks applies from 2 January 2023. For this agency worker, whenever this paragraph under a to d reads 78 weeks worked, it must from that moment also read 52 weeks worked. This means that: • the agency worker who on 2 January 2023 worked in phase 1-2 52 weeks or more enters phase 3; • the agency worker who on 2 January 2023 worked in phase 1-2 not yet 52 weeks or more enters phase 3 on the date on which the number of hours worked is 52 after 2 January 2023 and his employment is continued. When entering phase 3, the then current or new agency work employment contract will be regarded as the first agency work employment contract in phase 3. The 53rd to 78th weeks worked in phase 1-2 before 2 January 2023 do not count in phase 3 in terms of duration and number of agency work employment contracts: