Common use of Takeover Clause in Contracts

Takeover. a. A candidate contracted by ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ may not be taken over by the client or any related organization i.e. employed directly without any involvement from ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ or working directly for the client in any similar way, through a third party or otherwise) without written permission from ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, until that candidate has spent at least 1800 (eighteen hundred) hours working for the client as art of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ assignment, and those hours have been invoiced. A longer takeover period is applicable for some clients; this will be confirmed in the assignment confirmation. Takeovers are free of charge after the agreed period. b. Any client who does take over the candidate to direct employment within the period referred to in the previous clause will pay compensation to ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ amounting to 50% of the most recent hourly rate multiplied by the difference between the number of hours already worked for the client through ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ and invoiced by ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ and the agreed takeover period. This obligation to pay compensation will remain in force until 12 (twelve) months have passed since the last hour worked for the client through ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ and invoiced by ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. c. Additionally, a client or related organization may not enter into an employment relationship (i.e. employ a candidate directly without any involvement from ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ or have a candidate work directly for the client in any similar way, through a third party or otherwise) without written permission from ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, with any candidate who has been introduced to the client in the last 12 (twelve) months as part of a (prospective) assignment. d. Any client who does enter into an employment relationship as referred to in the previous clause within the period referred to in the previous clause will pay compensation to ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ amounting to 50% of the quoted rate, latest rate or the usual ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ rate, multiplied by 1800 (eighteen hundred) hours. Unless the client has in advance explicitly stated otherwise in writing, this provision will still apply if the candidate introduced to the client by ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ was already known to the client in any way.

Appears in 2 contracts

Sources: General Terms & Conditions, General Terms & Conditions