In the Netherlands, direct agreements and/or guarantee guarantees are common for larger, more complex construction projects, involving for example third parties as lenders and/or where the employer is a developer willing to sell the work once completed. In addition, a collective agreement (“CAO”) could apply to the workplace. Although the Bouw & Infra CAO, the collective agreement for construction and infrastructure projects, is not yet generalized, employers can nevertheless apply this CAO. In this case, the provisions of this collective agreement apply. In order to avoid, among other things, reputational risks, it is advisable that contractors apply CAD to their employees to ensure that they comply with all OAC conditions. Under Dutch law, there are two general standards used for the interpretation of contracts. According to the “Haviltex norm”, it is not the text of the treaty that is decisive, but the importance that the parties could reasonably have related to the provisions of the treaty in the concrete circumstances and what they could reasonably have expected. In the `CAD standard`, the specific wording of the Treaty provision is in principle not interpretative. This does not mean that the intentions of the parties are not relevant to the interpretation of contracts covered by the CAD standard, but that these intentions are relevant only to the extent that third parties could have been objectively aware of them. The CAD standard applies not only to collective agreements, but more generally to all contracts that are not the result of negotiations between the parties, for example. Β works contracts resulting from a procedure for the award of public contracts.
If you subcontract work to an independent contractor, either resident or non-resident, you must ensure that there is no (fictitious) employment relationship. To be sure of this point, you can conclude a standard contract with the freelancer/freelancer. If there is an employment relationship, you must pay payroll tax for the freelancer. You must enter into a g account agreement before you can open a g account. Three parties are involved in entering into this agreement: you and the recipient decide whether or not to use a g account. It is recommended to conclude agreements in advance on the use of a g account. In the Netherlands, a rough distinction could be made between integrated design and design contracts, which impose both design and construction obligations on shooters, and traditional construction contracts, which impose construction obligations on contractors only, in accordance with contractual documents and (design) drawings drawn up by the employer and imposed by the employer. In the case of ancillary activities to be carried out by contractors directly mandated by the employer, the contractors are generally bound by a multilateral coordination agreement under which the coordination of ancillary activities is generally the responsibility of the main contractor. 3.14 In the case of construction and engineering projects under your jurisdiction, the use of direct agreements or ancillary guarantees (i.e.
agreements between the contractor and parties other than the employer interested in the project, for example.B . . .