WORK PLACEMENT CONTRACT FOR WORK PLACEMENTS, INTERNSHIPS AND GRADUATION ASSIGNMENTS IN THE NETHERLANDS

Transcription

1 WORK PLACEMENT CONTRACT FOR WORK PLACEMENTS, INTERNSHIPS AND GRADUATION ASSIGNMENTS IN THE NETHERLANDS pagina 1 van 12

2 DUTCH WORK PLACEMENT CONTRACT PART 1 This form must be retained at the address where the work placement is being carried out* PERSONAL INFORMATION ABOUT THE (INTERNATIONAL*) STUDENT/TRAINEE Surname First name Date of birth Day/month/year Place of birth Nationality Is a residence permit required? * Number of Dutch residence permit * Yes No* Telephone number Home address during work placement Telephone number at home address INFORMATION ABOUT THE DUTCH EDUCATION INSTITUTION Avans Foundation, with its registered office in Tilburg Location Avans School Study programme Visiting address Represented in this matter by: Work placement office Represented in this matter by Contact person/name Tel. Position pagina 2 van 12

3 INFORMATION ABOUT THE ORGANISATION PROVIDING THE WORK PLACEMENT Name of organisation Work placement address Telephone number Fax Name of company supervisor Telephone number Represented in this matter by: Company representative Position Hereinafter: Work placement provider The work Placement Provider agrees does not agree to process the work placement contract by digital means. With effect from 1 October 2006 it is no longer necessary for trainees undertaking a work placement as part of their studies at a Dutch higher-education institution to apply for a work permit. This work placement contract therefore takes the place of the work permit. Part 1 is standard for all institutions. The other agreements relating to the work placement are set out in Part 2. pagina 3 van 12

4 WORK PLACEMENT CONTRACT PART 2 ARTICLE 1. DEFINITIONS Avans University of Applied Sciences: Study Programme: Work Placement Coordinator: Avans Tutor: Work Placement Provider: Company Counsellor: Trainee: Work Placement: Work Placement Plan: the institution (university of applied sciences) that falls under the Avans Foundation and that is maintained by the Foundation. Hereafter called Avans. a bachelor s degree programme within Avans University of Applied Sciences, as listed in the CROHO register. supervisor of the Institution providing supervision of the work placement processes of the Study Programme. the member of staff of Avans providing the counselling and assessment. the company or organisation offering the work placement. employee of the Work Placement Provider who supervises the Trainee during the Work Placement at the company. a student enrolled in a study programme at Avans University of Applied Sciences with whom a Work Placement Contract has been concluded. The compulsory subjects of his Work Placement are outlined in the current prospectus, the education and examination rules of the Study Programme and in the work placement memorandum and/or work placement rules as well. vocational training forming an essential part of the Trainee s curriculum. Work placement is used synonymous for internships, workplacements and graduation assignments. a plan drawn up by the Trainee in which, in consultation with the Institution and Work Placement Provider, the learning and work activities are set out which the Trainee will perform during the Work Placement. Student and Trainee, he and him apply to both male and female candidates. pagina 4 van 12

5 ARTICLE 2. APPOINTMENT OF AVANS TUTOR AND COMPANY COUNSELLOR The Institution appoints a Avans Tutor at the start of the Work Placement and will notify the Work Placement Provider directly thereof: Name: Address: Postcode and town: Telephone number: address: The Work Placement Provider appoints a Company Counsellor as the Trainee s counsellor: Name: Address: Postcode and town: Telephone number: address: ARTICLE 3. OBJECTIVE AND CONTENT OF THE WORK PLACEMENT 1. The Work Placement forms part of the Study Programme. A comprehensive description of the objective is contained in the Education and Examination Rules and in the work placement information. The Trainee is expected to develop the following competencies: 2. The content of the Work Placement is described in the Work Placement Plan attached as an Appendix. 3. The number of ECTS credits assigned for the Work Placement is pagina 5 van 12

6 ARTICLE 4. DURATION OF THE WORK PLACEMENT The work placement activities undertaken by the Trainee will take place from up to and including If it is not possible to complete this period due to unforeseen circumstances, another or an additional period will be agreed on in mutual consultation. ARTICLE 5. WORKING HOURS The Trainee s daily working hours are determined in mutual consultation with the work placement provider. The Trainee is normally expected to be present placement period. hours a week for the duration of the work ARTICLE 6. INSURANCE/LIABILITY 1. In accordance with art. 7:658 paragraph 4 of the Dutch Civil Code, the Work Placement Provider is liable for injury or damage the Trainee may suffer personally during the performance of the work placement activities The Work Placement Provider is liable for damage caused by the Trainee vis-à-vis a third-party in accordance with art. 6:170 of the Dutch Civil Code. 3. The Trainee is obliged to take out a private general liability insurance and a medical expenses insurance. A personal accident insurance is recommended. 4. As secondary cover, Avans University of Applied Sciences has concluded a comprehensive general liability and accident insurance for its students and trainees The Work Placement Provider will protect the Trainee against any form of intimidation or discrimination in the workplace. ARTICLE 7. STATUS OF THE TRAINEE 1. The Work Placement is geared towards extending the Trainee s knowledge, skills and experience, within the framework of the Study Programme. Therefore, the Work Placement Contract is not intended to be an employment contract pursuant to article 7:610 of the Dutch Civil Code and is therefore not referred to in this way. 2. The Trainee remains a student of Avans University of Applied Sciences throughout the work placement period. 3. The Work Placement is carried out under the responsibility and supervision of the Institution where the Trainee is enrolled. 4. No restrictions can ensue from the Work Placement in relation to future activities of the Trainee at other institutions/companies. 1 This liability can by definition not be excluded. 2 In the first instance, the Work Placement Provider is liable for damage caused by subordinates, on the basis of Section 6, Article 170 of the Dutch Civil Code, (including Trainees) to third parties and on the basis of article 7:661 of the Dutch Civil Code for damage caused by the trainee to property of the Work Placement Provider. - If the Work Placement Provider s liability insurance does not provide any or only insufficient cover, the Trainee must use his own private general liability insurance; if no cover is obtainable from the aforementioned actions, the Avans University of Applied Sciences comprehensive general liability insurance can apply as a safety net for actions of third parties relating to legal liability. This insurance covers damage to items belonging to, or under the control and/or responsibility of the Work Placement Provider, caused by the Trainee, during and in connection with his employment. - The Avans accident insurance provides only limited cover. The Trainee is therefore strongly recommended to take out accident insurance himself. pagina 6 van 12

7 ARTICLE 8. WORK PLACEMENT ALLOWANCE 1. The Trainee receives does not receive* an allowance for the Work Placement. 3 In case of such an allowance, this amount is gross net per month. The usual social security contributions will be withheld from the allowance. 2. The Trainee receives does not receive* a travel and/or expense allowance. 4 In the case of such a travel and/or expense allowance, this amount is gross net per month. 3. Avans University of Applied Sciences is not liable for the costs incurred by the Trainee in connection with the Work Placement, this also applies when the Work Placement is carried out abroad. * delete as applicable ARTICLE 9. LEAVE 1. Leave must be taken in consultation with the Work Placement Provider. Note: remaining days/hours of leave are not paid out if they are not taken during the work placement period, unless the Work Placement Provider failed to provide the Trainee with an opportunity to take the leave. If the work placement institution or company is closed on days around public holidays, these are considered part of the Trainee s leave allowance. 2. The regulation for exceptional leave and the Dutch Work and Care Act apply in the same way as for employees of the organisation providing the Work Placement. Requests for extra leave can only be permitted by the Company Counsellor in consultation with the Avans Tutor. 3. If the Trainee takes more days of leave than the agreed number of days, the work placement period will be extended by this period pursuant to article No leave is required to be taken for education activities such as interim examinations (resits) and work placement review days. 5. The agreements regarding days of leave are: per month. 3 Allowance (Remuneration) for the Work Placement refers to income from work performed; from a fiscal perspective, this presupposes an employee relationship, on the basis of which a wage is paid out and social security contributions (including wage tax) are withheld. From an employment-law perspective, there is no employee relationship and no contract of employment. 4 A travel or expense allowance is not regarded as income! No wage tax or insurance premiums are withheld on travel or expense allowances by the Work Placement Provider. pagina 7 van 12

8 ARTICLE 10. ILLNESS AND SPECIAL CIRCUMSTANCES 1. On the first day of illness, the Trainee will notify the Company Counsellor of the Work Placement Provider and the Avans Tutor of the Institution. 2. If it is expected that the work placement activities will have to be interrupted due to long-term illness, the Trainee will contact the Avans Tutor and/or Coordinator as soon as possible. The latter will make arrangements for continuation or cessation of the work and the relevant conditions. These will be set out in writing as an addition to the Work Placement Contract. 3. The Work Placement Provider s procedures in case of illness apply do not apply to the Trainee, given paragraphs 1 and 2 of this article. ARTICLE 11. OBSERVANCE OF GENERAL REGULATIONS AND INSTRUCTIONS ISSUED BY THE WORK PLACEMENT PROVIDER 1. The Trainee will observe the rules of conduct, regulations and instructions in the interests of order, health and safety, as they apply to the personnel of the Work Placement Provider. 2. The Trainee will also be expected to follow the instructions of the Company Counsellor pursuant to the applicable rules as specified in the first paragraph. ARTICLE 12. CONFIDENTIALITY The Trainee is obliged to maintain secrecy on anything of which he is informed in confidence during the Work Placement and also any such information that comes to his attention and of which he ought to understand the confidential nature 5. ARTICLE 13. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS 1. In relation to the end product, it is agreed that the copyright and other intellectual property rights will will not be transferred to the Work Placement Provider If these rights will not be transferred, the provisions of Article 8.4, paragraphs three and four, of the Students Charter apply, which stipulate that Avans University of Applied Sciences, after obtaining permission from the trainee, may have the trainee s final dissertation reproduced and published in print and/or in digital format as part of an online or offline database, for internal and external use, exclusively for teaching and research purposes. 5 If required, Avans proposes to use appendix 1 as an optional confidentiality agreement. 6 Copyright to the end product of the Work Placement rests with the trainee, unless explicitly agreed otherwise. This means that if transfer of the copyright is desired, this must be made clear by checkmarking this option. pagina 8 van 12

9 ARTICLE 14. COSTS AND LICENCES FOR SOFTWARE USE 1. Software programs provided by Avans University of Applied Sciences for educational use may not be used for commercial purposes. 2. If the Work Placement Provider and/or Trainee have commercial interests in the end product to be realised, any additional costs which Trainees have to incur in the creation of this end product (costs of software and licenses) will be borne by the Work Placement Provider or will be at the expense and risk of the Trainee himself Avans University of Applied Sciences cannot be held liable for costs as specified in paragraph two. ARTICLE 15. DISPUTES 1. In the event of problems during the Work Placement, the Trainee and Company Counsellor will try to resolve them via proper consultation in the first instance. 2. Disputes between the Trainee and the Company Counsellor will be presented to the Avans Tutor. 3. If the Company Counsellor, Avans Tutor and Trainee cannot reach a solution, the dispute will be presented to the Work Placement Coordinator. 4. Arbitration procedures also apply as stipulated by the Executive Board of Avans University of Applied Sciences. ARTICLE 16. COUNSELLING 1. In the context of counselling, there will be a minimum of counselling meetings. 2. At the end of the Work Placement, the final assessment takes place in accordance with the guidelines in the work placement regulations. 3. The Company Counsellor will have a weekly consultation with the Trainee. 4. review days are scheduled when the Trainee attends the Study Programme. 5. The Trainee will comply with the conditions of reporting and feedback as set down in the work placement regulations. ARTICLE 17. ASSESSMENT 1. The Company Counsellor draws up an assessment recommendation in accordance with the guidelines formulated for this purpose. 2. The Avans Tutor prepares the final assessment in accordance with the guidelines in the work placement regulations. 3. All evaluations and assessments are discussed with the Trainee. 4. The final work placement assessment rests with the study programme examination board. 7 In such a case, the Work Placement Provider and Trainee will settle the matter in mutual consultation. pagina 9 van 12

10 ARTICLE 18. TERMINATION OF THE WORK PLACEMENT CONTRACT 1. A Work Placement ends: a. at the end of the period agreed in article 4, b. as soon as the Trainee is no longer enrolled as a student of Avans University of Applied Sciences, c. by mutual consent of the parties concerned, d. in the event of the death of the Trainee, e. in the event of bankruptcy, suspension of payment or dissolution of the Work Placement Provider. 2. The Work Placement Provider is entitled, having heard the Company Counsellor and Trainee concerned, to terminate this contract with immediate effect: a. if in the opinion of the Work Placement Provider the Trainee has repeatedly and despite warnings failed to follow the regulations or instructions issued by the Company Counsellor and/ or behaved in such a way that the Work Placement Provider cannot reasonably be expected to continue to cooperate in the Work Placement. b. if the Trainee fails to comply with his duty of confidentiality under article 12 vis-à-vis the Work Placement Provider. The Work Placement Provider will notify the Avans Tutor immediately in relation to a decision as stated under a and b via the Company Counsellor as intermediary. 3. The Institution is entitled, having heard the Avans Tutor and the Trainee concerned, to terminate this contract with immediate effect and to withdraw the Trainee: a. if in the Institution s opinion the Work Placement is not meeting the educational objectives or in other respects is not proceeding in accordance with the agreements made in this contract, or if the Trainee cannot reasonably be expected to continue his Work Placement with the Work Placement Provider. b. if rules pertaining to privacy and undesirable conduct have been infringed. The Institution will notify the Company Counsellor immediately in relation to such a decision via the Avans Tutor as intermediary. ARTICLE 19. APPLICABLE LAW Dutch law applies to this contract. The Dutch courts have jurisdiction in the event of disputes. pagina 10 van 12

11 ARTICLE 20. FINAL CLAUSE If this Work Placement Contract is in conflict with another contract to be signed by the Trainee with the Work Placement Provider, this (three party) contract shall prevail. Thus agreed and signed, on at On behalf of the Work Trainee On behalf of Avans University of Placement Provider Applied Sciences Appendix: - confidentiality agreement (optional) Only the original Work Placement Contract, drawn up by Avans University of Applied Sciences, should be signed by the three parties concerned. The work placement office will receive the original Work Placement Contract. The Work Placement Provider and the Trainee will each receive a copy or scanned version of the contract. pagina 11 van 12

12 APPENDIX 1 CONFIDENTIALITY AGREEMENT (OPTIONAL) The undersigned: 1. name student, student no. hereinafter referred to as the Student, 2. work placement provider hereinafter referred to as the Company, and 3. Avans Foundation, established in Tilburg, hereinafter referred to as Avans, for the purpose of this document duly represented by name work placement coordinator Whereas: The Student will fulfil an assignment at the Company from until within the framework of name study programme Within the framework of its business operations, the Company asks for this confidentiality agreement to be signed, which will consequently form an integral part of the work placement contract. The student agrees to the following provisions regarding confidentiality: 1. The student will observe confidentiality regarding all information which the Company has earmarked as confidential or all information the Student could have reasonably suspected to be confidential. 2. Confidentiality means: a. The Student will only use this information for the work or research ensuing from the assignment; b. The Student will not disclose information earmarked by the Company as confidential to third parties. If the information does need to be stated for a report and/or presentation relating to the assignment, the student will anonymise such information. c. The Student will clearly earmark a report or presentation as confidential and not intended for citation. Under this condition, the use of a report or presentation for an assessment by peers and staff at Avans is not regarded as disclosure to third parties. 3. The duty of confidentiality applies up to one year after deregistration for a study programme followed by the Student at Avans and which the assignment forms a part of. 4. In the event that the Company feels that the Student has violated the duty of confidentiality, it will address the Student about this. In the event of the aforementioned violation, Avans may also address the Student about this behaviour. 5. In the case of repeated violation, the company is entitled to cancel the assignment with immediate effect and prohibit both the Student and Avans from using the information and Company data made available any longer, in the course of which the Student is obliged to hand in all confidential information to the Company, while Avans undertakes to make maximum efforts in order to guarantee that no confidential company data will be made public. Signatures: Student Company Avans Place and date Place and date Place and date pagina 12 van 12