as of March 25th 2019
Shiftly is an online platform that is used by persons looking for temporary work in the hospitality industry (hereafter: 'candidates'), employers who employ selected candidates (selected candidates hereafter: 'Shifters') under their direction and supervision (hereafter 'employers') for temporary work (hereafter: 'Shifts') within the hospitality industry, and employees of Shiftly itself, all together referred to as 'users'.
In return, Shiftly charges an amount per hour to the employer for the work of the Shifter, excluding surcharges (for e.g. overtime or time changes), (un) reimbursement of costs, reduction of working hours and VAT, unless expressly stated otherwise (hereinafter: 'client rate').
Article 1: Platform content
1.1 Shiftly is in no way responsible for content posted on the platform and user indemnifies Shiftly against any third-party claims against Shiftly in connection with user-posted content. Shiftly does take measures to monitor content and validate information.
1.2 User declares not to post content that is or may be perceived as offensive or undesirable. This refers to both intimidating and / or insulting language, and placing pornographic or violent graphic content.
1.3 User authorizes Shiftly to share the user-posted reviews with other users of the platform and to use them for their own purposes.
1.4 User grants permission to Shiftly to share his profile data with other users of the platform.
Article 2: Registration
Shiftly works on the basis of profiles and reviews and sets the following minimum requirements for providing personal information
When registering candidates:
With actual performance of shifts:
ID / passport
When registering employers, Shiftly sets the minimum requirements for providing information from employers;
Chamber of Commerce number
Article 3: Processing personal data
3.1 The Shiftly platform processes confidential information according to the Privacy Statement also available on the website. If there are questions about this, users can always mail to firstname.lastname@example.org.
3.2 Shiftly carries out background checks on a random basis to check the references of previous employers mentioned by Shifters. Shifter declares to agree with this.
Article 4: Liability
Shiftly is not responsible and liable for:
4.1 Damage resulting from non-compliance or non-compliance with the provisions of this user agreement.
4.2 The acts or omissions of users in whatever form.
4.3 The information and validity thereof posted by users.
4.4 Compliance with applicable laws and regulations by users of the platform
Article 5: Use of platform
5.1 The user is deemed to have a device with access to 3G, 4G or Wifi to his or her disposal in order to make adequate use of the platform.
5.2 Shiftly makes reasonable efforts to maintain and, where necessary, improve the quality and availability of the platform. However, Shiftly is explicitly not responsible for any malfunctions or omissions of users of the platform. Shiftly is also not obliged to make changes or upgrades if it is of the opinion that this is not a necessity to guarantee the functionality of the platform.
5.3 Shiftly is entitled, if it considers it necessary, to change the functionalities within the platform at any given moment. However, if this significantly affects or changes the user experience, it will inform the user well in advance.
Article 6: The working procedure
6.1 The employer places a shift on the Shiftly platform.
6.2 The minimum duration of a shift is 4 hours. In the event that the employer chooses to send a Shifter away earlier, it is still obliged to pay the client rate for the duration of 4 hours.
6.3 Employer is responsible for choosing the (most) suitable candidate(s). This is done based on the profile and reviews of candidates. Shiftly is not liable for any damage(s) resulting from the deployment of Shifters who do not appear to meet the requirements set by the client.
6.4 Employer is responsible for compliance with -and not exceeding- legal requirements regarding working times and rest and working hours.
6.5 Shiftly is in no way responsible for Shifters to be present on their Shifts and can therefore not be held responsible for damages suffered because of no-shows in any way whatsoever.
Article 7: Verify hours
7.1 Hours are verified by personal 5-digit codes. In order to prevent discussion afterwards, the temporary worker is expected to have his / her hours on location in the app verified by the employer after the shift. After entering the hours worked, the Shifter is expected to enter the manager's 5-digit code so that the hours are fixed. The Shifter is fully responsible for this.
7.2 It is also possible to enter the hours at a later time. In this case, the Shifter must have entered the hours worked within 24 hours after the end of the Shift. If the Shifter does not do this, the initially planned hours are automatically sent to the employer, which has 72 hours to approve or change these hours. If the employer fails to verify the hours within the 72 hours set, the initially planned hours will be validated. If the hours of Shifter and employer differ, the hours entered by the employer are approved.
Article 8: Payroll
For Shifters, payroll company "Pay-rules" is the legal employer. They contract and reward Shifters who use Shiftly. As soon as hours worked have been approved as described in Article 7, the Shifter will be paid within 14 calendar days.
Article 9: Billing
9.1 When working hours have been approved as described in Article 7, a payment obligation applies.
9.2 Payment of Shiftly's invoices, or the payroll organization authorized by Shiftly to do the invoicing for it, unless otherwise agreed, by direct debit from the hirer's account.
9.3 If it has been agreed in writing that the hirer pays a percentage of the invoice per period by payment to the G-account of the payroll organization, the hirer is obliged to pay this percentage of the invoice within 7 days after the invoice date, unless otherwise agreed. The remaining percentage of the invoice is collected automatically, unless otherwise agreed.
9.4 If the client is of the opinion that the invoice is incorrect, he can make the objection known to the payroll organization within one week after the invoice date. Afterwards, the invoice applies as undisputed between the parties.
9.5 In the event of late or incomplete payment or cancellation, borrowing will be in default without a reminder or notice of default being required. The amount due is then increased by the statutory interest with a minimum of 1.0% per month.
9.6 Only release payments to the private employment agency or to a third party designated in writing by the private employment agency. Payments to Shifters or the provision of advances to Shifters are non-binding and can never constitute grounds for debt redemption or set-off.
Article 10: Prices
10.1 Shifters within the age category 16 to 19 receive € 3 more than the statutory minimum hourly wage and Shifters older than 19 years receive € 2 more than the statutory minimum hourly wage. In addition, there are statutory social contributions, pension premiums, taxes and reservations that are charged to the client. A conversion factor of 1.56 is used for this. Subsequently, a fixed commission of € 2.45 per hour worked applies to the client.
10.2 Prices are hereby always subject to the minimum hourly wage as set in the hospitality CAO.
Article 11: Public holidays
Legally required public holiday compensations apply on public holidays. A rate of 150% applies to official Dutch national holidays. In addition, the client agrees to a rate of 200% during Shifts starting on 31 December.
Article 12: No-shows
The Shifter must, after being accepted for a Shift, appear on the Shift at all times. If the Shifter does not appear on the Shift without valid reason, we will charge €50 and the Shifter runs the risk of being removed from the platform.
Valid reasons for no-shows are:
(Sports) Accidents: send a doctor's statement to email@example.com
Police arrests: send a police statement to firstname.lastname@example.org
Deaths: send a copy of the death certificate or mourning letter to email@example.com
Article 13: Sickness absence
13.1 Illness reports by Shifters must be notified to both Shiftly and the client. Shifter must inform the client of this by telephone and then immediately send an email to firstname.lastname@example.org. After this, Shifly will contact Shifter and Shifter must be able to prove at a later moment that Shifter is (was) legally ill.
13.2 In the event of illness, Shifter is obliged to report sick before 9:30 am on the relevant day. If the shift starts earlier, a reporting obligation of at least 1 hour before the start of the shift applies. If the Shifter does not do this, the conditions for a no show will apply (art. 12).
Article 14: Cancellation policy
Employer has the option to cancel the Shift on the following conditions:
14.1 Provided that no applications have been accepted for a shift, a Shift can be canceled at any time without obligation.
14.2 If at least one application has been accepted for a Shift, a Shift can be canceled without obligation up to 48 hours before the start.
14.3 If at least one application has been accepted for a Shift, a payment obligation of 2 working hours per canceled Shifter applies if canceled within 48 hours before the start of the Shift.
14.4 If at least one application has been accepted for a Shift, a payment obligation of 4 working hours per canceled Shifter applies if canceled within 24 hours before the start of the Shift.
14.5 Shifter cannot cancel without giving a demonstrable valid reason as described in Article 12.
Article 15: Removal
Shiftly has the right to remove users from the platform without giving reason(s).
Article 16: Consent
Users of the platform will not enter any type of contract with each other without consent and confirmation from Shiftly.
Article 17: Applicable law