- ASSIGNMENT AGREEMENT
- CONFIRMATION OF ASSIGNMENTS
- WORKING ENVIRONMENT
- SICKNESS BENEFIT
- UNEMPLOYMENT BENEFIT
- INTELLECTUAL PROPRERTY RIGHTS
- PERSONAL DATA
- AGREEMENT PERIOD
These General Terms and Conditions apply to Independent Contractor individuals (hereafter “Independent Contractor”) with Cool Company Skandinavien AB (hereafter “CC”). In order to work as an Independent Contractor, you must have turned 18 years old. In approving these General Terms and Conditions, you certify that you have turned 18 years old.
Independent Contractor is a private individual who choses to take up fixed-term employment with CC. The Independent Contractor chooses their own Assignments. CC is the employer and an employment contract exists between CC and the Independent Contractor.
Client is a company or a private individual ordering work from CC. The Client concludes an Assignment Agreement with CC.
Assignment is work performed by the Independent Contractor on behalf of the Client. The Independent Contractor sets the price of the Assignment; however, they must do so within the scope of CC’s permitted pricing.
Agreement Assignment is entered between CC and the Client for specification of the performance, i.e. the Assignment to be carried out.
Administrative Work are the work carried out by CC as specified below:
– Salary administration
– Administration and payment of employer contributions and pay tax to the Swedish Tax Agency
– Income statements
– Issuing of employer certificates
– CC provides the applicable insurances
Result all material and the result in some way produced, manufactured and performed by the Independent Contractor within the Assignment.
3. Assignment agreement
3.2 The Independent Contractor shall carry out work under the Assignment within the scope of a “general fixed-term employment” in accordance with Paragraph 5 of the Swedish Employment Protection Act (LAS) with CC, i.e. an employment with terms, hours, implementation and scope correspond to the Assignment. The Assignment runs from the date that the Independent Contractor has reported as the starting date and until the date stated as the end date in the assignment description, unless any changes have been made and approved in writing.
3.3 CC is entitled but not obligated to accept an Assignment. CC thus reserves the right, in each individual case, to decline employment of applicants for self-employment without providing any reasons. CC never accepts an Assignment outside of the scope of CC’s insurances. CC cannot accept Assignments of certain kinds, which for example require certain certifications or entail a high risk of injury to the Independent Contractor. Before an Assignment can begin within an occupation, which due to its nature requires some form of permit, authorisation, licence or similar, the Independent Contractor shall take the initiative to provide CC with the necessary documentation. In all cases, CC is the contracting party in relation to the Client for the Assignment.
3.4 The Independent Contractor is entitled to carry out several parallel Assignments, provided that these cannot be considered to be competitive due to a possible conflict of interest between different Clients or between CC and different Clients.
3.5 In case of an agreement regarding an altered Assignment, the Independent Contractor shall notify CC in writing.
4. Confirmation of assignments
In order to confirm the acceptance of an Assignment through CC, the Independent Contractor must have approved the General Terms and Conditions and the Temporary Work Agreement. In accepting an Assignment, the Independent Contractor shall ensure that the Client provides CC with instructions regarding the Assignment, or personally provide such instructions, in accordance with the terms discussed by the Independent Contractor and the Client.
The Independent Contractor shall give prior notification of their Assignment and await confirmation that CC will accept the Assignment in order for the employment relationship to exist. It is the responsibility of the Independent Contractor to ensure that CC’s Client approves or signs the “General Terms and Conditions – Client” before an Assignment.
5. Working environment
5.1 Both Client and the Independent Contractor shall comply with the Swedish Work Environment Act and the Provisions of the Swedish Work Environment Authority. CC provides important information regarding working environment for each industry on its website. It is the responsibility of the Independent Contractor to read the work environment information that applies to the Assignment in question. The Independent Contractor can turn to CC with any work environment related questions. The Client is responsible for management as well as monitoring and follow-up of the Independent Contractor. It is the responsibility of the Independent Contractor to incorporate the instructions and information provided by the Client and which are required in order to correctly and safely carry out the Assignment from a work environment perspective. The Client is responsible for providing a workplace and the necessary equipment required for the Independent Contractor’s tasks, unless the Independent Contractor is working alone.
Before the Assignment is carried out, the Independent Contractor shall be aware of the possible risks entailed by the Assignment. The aim is for the Independent Contractor to be able to carry out the Assignment without risk of damage or injury.
5.2 The Independent Contractor shall receive equal treatment to the Client’s other staff, unless the Client is a private individual. Discrimination and/or offensive treatment shall be reported to CC.
5.3 The Independent Contractor may not carry out an Assignment for which they do not have the right or sufficient training.
5.4 The Independent Contractor may not carry out an Assignment requiring access to areas where there is a significant risk of ill-health or accident, without first having received sufficient instructions and relevant protective equipment from the Client. If the Independent Contractor is responsible for the workplace, or if the Client is a private individual, the Independent Contractor must be able to verify that there is such fixed equipment in the workplace as to eliminate risk of ill-health or accidents. It is thereby the Independent Contractor’s own responsibility to ensure that relevant protective equipment is used.
5.5 Working hours are to be scheduled in accordance with the Working Hours Act (1982:673), or a replacing act, as well as regulations issued pursuant to applicable law.
5.6 Vehicles shall be approved for use in traffic and may not be driven in a manner that can be considered unsafe. For Assignments that may require some form of protective equipment, such suitable equipment shall be used. When using protective equipment, all such equipment shall be approved for the intended purpose, maintained, inspected by an accredited company if this is a requirement in accordance with work environment regulations, as well as intact and used correctly. For work requiring protective equipment, the equipment shall have been obtained prior to starting the Assignment. Premises, machines, tools and other technical installations which are to be used by the shall be kept in good condition.
5.7 It is the responsibility of the Independent Contractor to report a deficient or dangerous working environment as well as deficient equipment and protective equipment to CC, at email@example.com. It is also the obligation of the Independent Contractor to report to the Client and CC in the event of an incident at the workplace or in relation to the Assignment.
5.8 CC plans, manages and monitors its activities as far as possible in each individual case for the working environment to fulfil prescribed requirements for a good working environment. CC informs the Independent Contractor of any risks prior to the start of the Assignment through a work environment instruction for the industry in which the Independent Contractor is employed. It is up to the Independent Contractor to read the documents referred to by CC in the work environment checklist, where we provide links to the regulations that are compulsory to read prior to an assignment, but also to other important documents that may provide guidance to safe working conditions. Note that we provide adapted information in the form of regulations and documents, depending on which industry you are working in.
5.9 An investigation is carried out by CC, or possibly with the help of the Client, of working injuries, risks in the activities and measures are taken as a result of these.
5.10 CC documents the working environment and related work and tries to introduce suitable measures based on analyses in order to achieve a safe working environment for the Independent Contractor.
5.11 CC is responsible for work adaptation and rehabilitation activities for the Independent Contractor during the Assignment.
5.12 CC has a safety representative and a safety committee that the Independent Contractor can turn to with information regarding a deficient working environment.
5.13 CC can only be responsible for the working environment if there is an employment relationship between the Independent Contractor and CC.
5.14 A number of procedures have been established for how to report various events. There are for example procedures for damage reports, incidents of violence or threats, all of these can be found on CC’s website.
An invoice for the Assignment shall be sent out no later than 30 days after the completion of work, and invoice documentation provided by the Independent Contractor must therefore have been received no later than 10 days after the completion of work.
7.1 Price of the Assignment provides the basis of calculating the Independent Contractor’s salary. The Independent Contractor is the person who assesses and sets the price for the Assignment in relation to the Client. The Independent Contractor undertakes, however, not to set a gross price for an Assignment below SEK 120 per hour. Deductions are made for statutory taxes and charges and for CC’s expenses relating to Administrative Work before the salary is paid out to the Independent Contractor. The Independent Contractor sets the price they wish to charge the Assignment in the assignment confirmation. The price will be subject to possible VAT and price changes. The part that constitutes holiday allowance of 12 percent is indicated in each salary specification. Please note that holiday allowance must be included in the price for an assignment. Holiday is regulated in accordance with the Swedish Annual Leave Act (1977:480). In case holiday leave has been agreed with the Client during the Assignment, CC shall be notified of this prior to the start of the Assignment.
7.2 The Independent Contractor is in some circumstances entitled to a guaranteed salary. This means that in some cases, the Independent Contractor can receive a salary for the full assignment period even if the Client does not pay for the Assignment or terminates the Assignment early; however, not if this is due to the Independent Contractor’s misconduct. In order to be entitled to a guaranteed salary with CC, the following conditions shall be met by the Independent Contractor:
a) Notice of the Assignment shall have been provided before it begins, and CC shall have received confirmation from the Client. The confirmation from the Client shall involve an assignment description, including start date, end date and price. The Independent Contractor is personally responsible for the Client confirming the Assignment to CC before the Assignment begins.
b) The Assignment may not be terminated early by the Client or CC due to proven misconduct by the Independent Contractor. Such misconduct may consist of, but is not limited to, the following: repeated tardiness, the Independent Contractor failing to comply with instructions from the Client or CC or if it can be proven that the completion of the Assignment does not to meet professional standards.
c) The Client shall have submitted confirmation that the Assignment has been carried out according to the Assignment Description and that the results meet professional standards.
d) The Independent Contractor shall be at CC’s disposal throughout the time stated in the assignment description in the sense that the Independent Contractor has to accept any Assignment offered by CC. CC offers Assignments within the same industry as was originally intended, and which can either be carried out from a distance, or which is at least no farther than 120 km from the Independent Contractor’s registered address.
Compensation for guaranteed salary is calculated in case the Client does not pay CC based on a minimum salary. In case the Client pays CC for the Assignment, any difference between the minimum salary and the agreed gross remuneration per hour. (Salary is paid in all cases once CC’s administrative charges have been deducted and after CC has paid the statutory charges). The guaranteed salary is paid out on the 25th of each month after completion of the Assignment.
7.3 The Independent Contractor is entitled to charge the Client for allowance for expenses, accommodation, travel allowance and expenses for consumables used for the Assignment following agreement with the Client. The Independent Contractor is personally responsible for the purchase of consumables or resale goods, which are made with the Independent Contractor’s own means, and they must never purchase any products on credit in CC’s name. The receipts for these purchases shall then be presented to CC in the original and registered in CC’s system. The Independent Contractor is obligated to keep a running time log of their working hours, driving records and allowance for expenses. The documentation shall be presented and accounted for to CC upon request. In case of a granted deduction for travel allowance, the Independent Contractor undertakes only to use the allowance while on duty and not for private purposes. CC reserves the right to determine the place of service.
7.4 If the Independent Contractor’s or CC’s labour costs increase as a result of changes to collective agreements, laws, interest rates or tax rates and employer contributions and/or other charges, the Independent Contractor and CC are entitled to adjust the price, retroactively from the day of the change, to a corresponding extent both in terms of the Assignment and Administrative Work.
8.1 The Independent Contractor shall handle complaints regarding the Assignment. If the Client claims that the work is in some way deficient, it is the Independent Contractor’s obligation to rectify proven deficiencies without delay. The Independent Contractor is obligated to immediately report possible complaints to CC.
8.2 Remarks on CC’s execution of Administrative Work shall be made directly to CC by the Client and/or the Independent Contractor without delay and no later than within 14 days following the completion of the Administrative Work in question. If the Swedish Consumer Services Act, or the Consumer Sales Act, is applicable to the Client, complaints are subject to the applicable act.
9.1 CC’s liability is limited to negligence regarding Administrative Work in relation to the Independent Contractor. CC disclaims, as far as applicable law allows, any liability for direct or indirect damage of any kind, which arises as the result of and/or is related to the Independent Contractor’s execution of an Assignment on behalf of the Client.
9.2 CC assumes that in the execution of each Assignment, the Independent Contractor will be professional and work in accordance with applicable laws, regulations and possible provisions. The Independent Contractor shall furthermore carry out Assignments so as to meet professional standards and the quality that a Client can reasonably expect from the Independent Contractor, considering completed agreements and pledges, price and other circumstances.
9.3 In case the Client requests rectification from CC, CC is entitled to either carry out rectifying measures on their own at the Independent Contractor’s expense, or demand that the Independent Contractor carries out and pays for such measures.
9.4 If the deficiency indicated by the Client is covered by CC’s liability insurance, CC is entitled to decide that the rectification and other costs that may arise in connection therewith shall be charged to CC’s liability insurance, in which case the Independent Contractor shall compensate any excess and increased insurance costs that CC may come to incur.
9.5 The Independent Contractor is obligated to collaborate and assist CC and the insurance company in insurance investigations and similar.
9.6 As the Client is responsible for the Independent Contractor as for their own hired staff, the Client is responsible for loss and damage that the Independent Contractor may cause the Client or a third party within the scope of the Independent Contractor’s execution of tasks on behalf of the Client. Secondarily, this can be covered by CC’s liability insurance or the separate liability insurance that may have been taken out by the Independent Contractor. In cases where the Client is a Consumer, CC’s liability insurance shall apply.
9.7 CC is in no event liable for indirect damage. Indirect damages may be loss of profit, deficit or other consequential loss, including the Client’s possible liability for damages towards a third party or loss of data.
9.8 Liability for personal damage is regulated in accordance with Swedish law.
9.9 If CC incurs liability for damages, CC’s liability is limited to 0.5 price base amounts; however, no more than CC’s share of the invoiced amount for the Assignment. In case of Assignments on current account, the invoiced amount is calculated based on the price of the last twelve (12) months of the Assignment. If the price that the Independent Contractor has agreed with the Client is lower than 0.5 price base amounts, CC’s maximum liability shall instead be limited to an amount equivalent to 0.1 price base amounts.
9.10 To the extent that CC should incur liability for damages, compensation or other liability in relation to a third party, in addition to what the parties have agreed in accordance with these General Terms and Conditions, the Independent Contractor shall assume liability and indemnify CC in relation to such damage.
9.11 The Independent Contractor undertakes to stay informed of and comply with applicable legislation in the performance of their duties and solemnly swear that the information they have provided about their own person and the Assignment is correct.
10. Sickness benefit
10.1 When an Independent Contractor is sick he is eligible for sick pay in accordance with Swedish law. The Independent Contractor needs to meet the requirements of the Swedish authority “Försäkringskassan” and the internal policy below in order to qualify for sick pay. CC compensate the Independent Contractor in accordance with applicable law, for day one qualifying deduction is applicable and day 2-14 is compensated with 80% of daily pay.
10.2 The Independent Contractor is obliged to meet the requirements in the company’s internal policy for sick pay according to below.
– an assignment should be registered and approved by CC (for the days the Independent Contractor is sick),
– general terms and work agreement must have been approved by the Independent Contractor,
– the Independent Contractor is entitled to compensation from the first day of employment, but if the contractual employment period is less than one month, the right to this compensation will only be applicable if the Independent Contractor already started the employment and have been employed for fourteen calendar days in succession. (Day of absence without valid reason does not count). When calculating the qualification period of these fourteen days, previous employment under CC shall be included if the time between the periods of employment does not exceed fourteen calendar days,
– the Independent Contractor must also inform CC about the sickness during the first day of his or her illness by calling customer support and send a medical certificate issued by a doctor during the first day of the illness to the following address: Riddargatan 7A, 114 35 Stockholm. Name the envelope with ”SCS” to ensure the envelope is received by the right person at Cool Company, and
– the last day of illness, the Independent Contractor must call customer support to inform that he or she will go back to work.
10.3 Finally, sick pay is paid only on condition that CC has sent an invoice to the Client.
11.1 During their employment with CC, the Independent Contractor has accident insurance (TFO) and group life insurance (TGL). It is the responsibility of the Independent Contractor to verify that there is sufficient and correct insurance for the completion of a certain Assignment.
CC is able to offer beneficial and competitively priced pension insurance through its cooperation with independent insurance agents.
11.2 Supplementary insurances must be taken out in certain industries and for certain types of Assignments. CC provides these insurances at the Independent Contractor’s expense. It is the Independent Contractor’s responsibility to have supplementary insurance before starting the Assignment, if required.
12. Unemployment benefit (A-kassa)
Whether or not the Independent Contractor is entitled to unemployment benefit, (A-kassa in Swedish) is not something that CC, or anyone else, can determine in advance. An assessment is made in each individual case. In this assessment, the Independent Contractor must meet the legal requirements to be entitled to such compensation.
13. Intellectual property rights
13.1 Ownership of all Results that the Independent Contractor produces in relation to the Assignment belongs to CC, unless otherwise applicable by law or other agreement. CC transfers all Results to the Client. All copyright, excluding intellectual property rights, to the Results shall thus be the property of the Client following the completion of the Assignment.
13.2 If the Independent Contractor brings their own software or other tool in the completion of an Assignment on behalf of the Client, the rights to such tools are not transferred to the Client.
13.3 The Independent Contractor is responsible for ensuring that the Result is not subjected to any intellectual property infringement and for ensuring that they do not unlawfully use any third-party system.
13.4 CC is not responsible for intellectual property infringement relating to the Results.
14. Personal data
The Independent Contractor may not process the personal data of a Client outside of their employment with CC. All processing of the Client’s personal data shall take place through a registered account on CC’s website. CC has a legal obligation to process personal data. All processing of personal data is carried out in accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 (the General Data Protection Regulation – GDPR).
15.1 The Independent Contractor undertakes to keep the agreement contents and other information associated with the Assignment confidential.
15.2 The Independent Contractor has no obligation to observe confidentiality in regard to such information as:
a) is publicly available at the time of the Assignment’s confirmation;
b) is known to a party before the other party discloses it; or
c) the party is obligated to disclose according to law or other enactment.
15.3 What has been stated in items 15.1–15.2 shall remain applicable following the termination of the agreement.
15.4 The Independent Contractor is bound by secrecy pursuant to the General Terms and Conditions for Independent Contractor’s.
15.5 By approving these General Terms and Conditions, the Independent Contractor confirms that they have received information of this secrecy undertaking, which means that the Independent Contractor has a duty of confidentiality in relation to the Client.
16. Agreement period
The Agreement is valid for the duration of the Fixed-term Employment Contract.
17.1 All notifications under these General Terms and Conditions shall be sent to the addresses provided by the parties through CC’s portal, registered letter or e-mail.
17.2 Messages shall be considered to have been received by the recipient:
a) when sent by registered letter: two days after being handed to the postal services; and
b) when sent by e-mail: upon sending it, if the reception has been duly confirmed.
18.1 CC reserves the right to make changes in the above text and agreement without prior notice.
The Independent Contractor is never entitled to use CC’s company information in the purchasing of goods and/or services, unless there is written approval in each case, nor are they entitled to use CC’s company information to submit offers or enter agreements in CC’s name and/or on CC’s behalf, or otherwise take any legally binding measures in addition to what is allowed by CC’s system at coolcompany.com.
18.2 Equipment that the Independent Contractor may have received from the Client to complete the Assignment, shall have been returned no later than in conjunction with the termination of the Assignment or earlier date indicated by the Client. The Independent Contractor shall return all commercial documentation of any kind, such as business certificates, correspondence, accounts, summaries and registers.
18.3 In signing the agreement with CC, the Independent Contractor also certifies that they are not subject to a trading prohibition, that they are healthy and able to work, and they solemnly swear that the information provided about their person and regarding the Assignments they are to carry out is correct.
General Terms and Conditions for Independent Contractor: last updated on 29/11/2018.