The content of the intermediation agreement
Due to the fact that the intermediation agreement is a more specific form of the assignment agreement, the content of this agreement is governed by Title 7 of Book 7 of the Dutch Civil Code. This contains the rules relating to the contract of assignment. Some obligations, arising from the law, are that the contractor must observe the care of a good contractor, and follow instructions in a timely manner. On the other hand, the employer must pay the contractor's wages and reimburse the contractor's expenses (except when this is included in the contractor's wages).
Form of the intermediation agreement
In principle, the intermediation agreement can also be entered into verbally. This has to do with the fact that the intermediation agreement is free of form. However, we always recommend that agreements concerning intermediation are laid down in an agreement. This ensures that there are no misunderstandings about important matters such as compensation, liability and termination of the intermediation. A written agreement also makes it easier to terminate the intermediation agreement if one of the parties has not complied with what has been agreed upon regarding the intermediation.
Difference with the agency agreement
The agency agreement is also an assignment agreement, yet there is one very important difference between the intermediation agreement and the agency agreement. When entering into a intermediation agreement, it is agreed what the agreement will be for, for example: selling one house, finding five suitable employees or taking out one particular insurance policy. If this goal is achieved, the intermediation agreement will end because the agreement has been fulfilled. An agency agreement is a long-term collaboration, it is not predetermined how many agreements the agent will conclude on behalf of the principal.
End of the intermediation agreement
There are a number of situations in which the intermediation agreement ends: i) if the purpose of the intermediation agreement has been reached (see above in the paragraph about the difference between the intermediation agreement and the agency agreement) ii); if the agreement is dissolved because the contractor or client has not complied with the agreements from the intermediation agreement; iii) by termination (in the intermediation agreement is then included under which conditions the intermediation agreement can be terminated); iv) because the parties jointly agree that the intermediation can come to an end.
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Would you like support in drawing up a intermediation agreement? Or would you like to have an existing intermediation agreement checked? Our legal experts will be happy to assist you. Please feel free to contact us for more information.