Can I apply for my client? | Rechtswinkel.nl
Questioner
CAN I APPLY FOR A CLIENT OF MY EMPLOYER? I have never applied to this client ABC, but I have had 2 intakes with this client. An intake is a job interview that the client sees if he wants to choose this professional of this temporary employment agency. That client has not chosen me (for hiring), that means that I have never worked for this client. So the question is: can I apply for this client, if I see that this client has a few vacancies (so that means working as an employee at this client, not as a seconded employee) For your information, these are the points in my Employment Agreement with my employer. Thank you all. -------------------------------------------------- ----------- Result-required assignment: - The employee who has been deployed in a result-obligatory assignment may not, during his employment or up to one year after leaving employment, enter into employment with the client(s) and/or perform work for the client(s) as an independent contractor or through third parties, directly or indirectly. ) has performed work. In the event of a violation of this provision, the employee will be fined EUR 4,500 for each day that the violation continues. We will spend this fine on the training budget of Dit-Detacherings-Bedrijf. - The employee is obliged to inform Sogeti immediately that he has been approached by a client for whom he is performing or has performed a result-obligatory assignment for a position with the client. The same applies when the employee has approached the client for a position with the client. Compulsory assignment (performing work under the direction and supervision of the client) - The employee is not permitted to enter into employment with the client for whom he has been deployed on a mandatory basis during the assignment. In the event of a violation of this provision, the employee will be fined EUR 4,500 per day that the violation continues. We will spend this fine on the training budget of Dit-Detacherings-Bedrijf. - The employee is obliged at all times to inform Sogeti immediately that he has been approached by the client for a position with the client. The same applies when the employee has approached the client for a position with the client. - The employee who has been deployed in a mandatory assignment is not permitted to perform work as an independent contractor or through third parties, directly or indirectly, for the client(s) for whom he has performed assignments and/or work during the last year of his employment for one year after termination of employment. In the event of a violation of this provision, the employee will be fined EUR 4,500 per day that the violation continues. We will spend this fine on the training budget of Dit-Detacherings-Bedrijf.Lawyer
Your terms and conditions state the following; - The employee is obliged at all times to inform Sogeti immediately that he has been approached by the client for a position with the client. The same applies when the employee has approached the client for a position with the client. Therefore, you are not allowed to do that. Because you have the duty to inform your employer of this.Questioner
Thanks for the answer, but I see a different picture. Here the sentence 'The employee has at all times the duty.....' is under the category: 'Compulsory assignment (performing work under the direction and supervision of the client)' above the . So if I have never worked for this client, then I do not have to inform my employer. Now the question is: if I went to this client's intake once, but was not accepted, what does that mean?Lawyer
The intake means that you have had 'contact' with the customer; the fact that the order did not go through does not affect the fact that you did not inform your employer of this intake. If this 'contact' had not occurred, then it would be different. But there was prior contact with both of you and qualified negotiation can take place between you and the customer.Neem de volgende stap
Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.