AVANS UNIVERSITY OF APPLIED SCIENCES

WORK PLACEMENT ABROAD AGREEMENT

To be used by students of Avans University of Applied Sciences for work placements, internships, or graduation assignments outside the Netherlands. pagina 1 van 13

WORK PLACEMENT AGREEMENT PART 1 • A copy of the Trainee’s passport, and, if applicable, of his residence permit and work permit, must be attached to this form. • The work placement agreement must be printed and signed in three identical copies. Avans University of Applied Sciences, the Work Placement Provider and the Trainee will each receive an original and fully signed copy of the agreement. • The Work Placement Provider is responsible for informing the Trainee about the relevant national laws, rules and regulations related to visas, resident permits, work permits, health and liability insurance and all other legal matters related to the work placement and stay abroad of the work placement Trainee. The Work Placement Provider will, within reasonable means, assist the Trainee in obtaining all required legal documents and permits related to the work placement.

PERSONAL INFORMATION ABOUT THE TRAINEE Surname First name (s) (as stated on passport) Date of birth

Day/month/year

Place of birth Nationality Is a residence permit required?

Yes  

No

Yes  

No 

Yes  

No

Number of Dutch residence permit1 Is a work permit required? Number of work permit1 Is a copy of the passport attached? Telephone number E-mail address Home address during work placement1 Telephone number at home address1

1

If this information is not yet available at the time of signing this agreement, the Work Placement Provider and Avans shall be informed of these details by the Trainee prior to the start of the placement. Attachments that include this information shall be added to this agreement.

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INFORMATION ABOUT THE DUTCH EDUCATIONAL INSTITUTION Avans Foundation, with its registered office in Tilburg, the Netherlands



Avans University of Applied Sciences Study Programme Visiting address Represented in this matter by Position Telephone number E-mail address

INFORMATION ABOUT THE ORGANISATION PROVIDING THE WORK PLACEMENT Name of organisation Full address of the organisation where the work placement will be performed

Visiting address

Postal code, town

Telephone number Fax number Represented in this matter by Position Telephone number E-mail address

The Work Placement Provider   digital means.

agrees 

does not agree to process the work placement agreement by

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WORK PLACEMENT AGREEMENT PART 2 ARTICLE 1.  DEFINITIONS Avans University of Applied Sciences:

 vans University of Applied Sciences: the institution (university of applied A sciences) that falls under the Avans Foundation and that is maintained by the Foundation. Hereinafter called: Avans.

Study Programme:

a bachelor’s degree programme within Avans University of Applied Sciences, as listed in the Dutch CROHO register .

Work Placement Coordinator: the Avans supervisor providing supervision of the work placement processes of the Study Programme. Avans Tutor:

the Avans staff member providing the counselling and assessment.

Work Placement Provider:

the company or organisation offering the Trainee a work placement.

Company Mentor:

t he employee of the Work Placement Provider supervising the Trainee during the work placement at the Work Placement Provider.

Trainee: a student enrolled in a Study Programme at Avans with whom a work placement agreement 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, the work placement guidelines, work placement handbook, or other information that may be provided by Avans. Work Placement:

v ocational training forming an essential part of the Trainee’s curriculum. In this agreement, the words “Work Placement” is synonymously used for work placements, internships and graduation assignments.

Work Placement Plan:

a plan drawn up by the Trainee in which, in consultation with Avans and the Work Placement Provider, the learning and work activities are set out which the Trainee will perform during the work placement assignment.

“Student” and “Trainee”, “he” and “him” apply to both male and female candidates.

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ARTICLE 2.  APPOINTMENT OF THE AVANS TUTOR AND THE COMPANY MENTOR Avans appoints an Avans Tutor and/or Work Placement Coordinator at the start of the work placement and will notify the Trainee and the Work Placement Provider prior to the start of the work placement of the following details: Avans Tutor name Visiting address Postal code, town Telephone number E-mail address The Work Placement Provider appoints a Company Mentor as the Trainee’s mentor: Company Mentor name Visiting address Postal code, town Telephone number E-mail address

ARTICLE 3.  OBJECTIVE AND CONTENT OF THE WORK PLACEMENT 1. The work placement forms part of the Trainee’s study programme. A comprehensive description of the objectives is included in the Education and Examination Rules of the Trainee’s study programme, in the work placement information, handbooks or other work placement documents which may be provided by Avans.

The Trainee is expected to develop the following competences:

2.

The content of the work placement is described in the Work Placement Plan attached as an appendix to this agreement.

3.

The number of ECTS credits assigned for this work placement is:

ECTS.

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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 expected to be present         period.

hours per week for the duration of the work placement

ARTICLE 6.   LIABILITY/INSURANCE Liability and liability insurance: 1. Under current national legislation, the Work Placement Provider is liable in the first instance within the Company-Trainee relationship; 2. Avans considers the Work Placement Provider to be liable for damages caused by subordinates, including trainees, to third parties; 3. The Trainee must use his own private general liability insurance if the Work Placement Provider’s liability insurance does not provide any or insufficient cover under the current national legislation. It is the responsibility of the Trainee to ensure that his general liability insurance is adequate for the purpose and duration of his stay abroad; 4. If no cover is obtainable from the aforementioned insurance policies, the Avans comprehensive general liability insurance may apply as a “safety net” for compensation of damages caused by the Trainee and for which the Trainee is formerly held liable or for which by law Avans may be held liable. This insurance covers damages to items belonging to, or under the control and/or responsibility of the Work Placement Provider, during and in connection with the Work Placement. Damages caused by or with vehicles, including motor vehicles, are by definition excluded from the Avans comprehensive general liability insurance. Accident insurances: 1. The Work Placement Provider is liable for any injuries or damages the Trainee may suffer personally during all activities performed under the authority of the Work Placement Provider; 2. Avans carries comprehensive accident insurance for its students abroad. This accident insurance is limited to the time spent abroad for Avans study programmes. As such, it provides only limited cover and does not apply to additional personal time spent abroad. Trainees who are registered in the Mobility Database of Avans are automatically offered suitable but limited travel and liability insurance at Avans’ expense. Students who are either not registered in the Mobility Database or require more extensive coverage are personally responsible for taking out private accident, travel and liability insurance. It is the responsibility of the Trainee to ensure that this insurance is adequate for the purpose and duration of his stay abroad.

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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. The Work Placement Provider is fully expected to cooperate to reach the above targets; 2. The work placement agreement is not intended to be an employment contract and as a result is not referred to in this way; 3. The Trainee remains a student of Avans throughout the Work Placement period; 4. The Work Placement is carried out under the responsibility and supervision of Avans where the Trainee is enrolled as a student; 5. No restrictions can ensue from the Work Placement in relation to future activities of the Trainee at other institutions or companies.

ARTICLE 8.   WORK PLACEMENT ALLOWANCE 1. The Trainee 

receives

does not receive an allowance for the work placement.2

In case of such an allowance, this amount is €          gross

/net

per month.

If applicable, social security contributions will be withheld from the allowance.

2. The Trainee receives does not receive*  a travel or expense allowance. In the case of an allowance, this amount is €          gross /net

per month.3

3. Avans is not liable for any costs incurred by the Trainee in connection with the Work Placement.

ARTICLE 9.   LEAVE 1.

2.

3. 4.

5.

Leave must be taken in consultation with the Work Placement Provider. Remaining days or hours of leave are not paid out if they are not taken during the work placement period, unless the Work Placement Provider has failed to provide the Trainee with an opportunity to take the leave. If the Work Placement Provider is closed on work days before or after public holidays, these are considered part of the Trainee’s leave allowance; The regulations for exceptional leave apply in accordance with national law and in the same way as for employees of the Work Placement Provider. Requests for extra leave can only be granted by the Company Mentor in consultation with the Avans Tutor; 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 4; No leave is required to be taken for educational activities such as interim examinations, resits and work placement review days. The Trainee notifies the Company Mentor, without delay, of such events; The Work Placement Provider grants the Trainee         days of leave for the entire work placement.



2

An allowance (i.e., remuneration) for the Work Placement refers to income from work performed; from a fiscal perspective, this could presuppose an employee relationship, on the basis of which a wage is paid out and social security contributions, including wage tax, are withheld. 3 A travel or expense allowance is not regarded as income from a fiscal perspective. No wage tax or insurance premiums are withheld on travel or expense allowances granted by the Work Placement Provider.

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ARTICLE 10.

ILLNESS AND SPECIAL CIRCUMSTANCES

1. 2.

On the first day of illness, the Trainee will notify the Company Mentor and the Avans Tutor; 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 Work Placement Coordinator as soon as possible. The latter will make arrangements for continuation or cessation of the work placement and the relevant conditions. These will be set out in writing as an addition to the work placement agreement;

3.

The work Placement Provider’s procedures regarding illness  do not  Trainee, given paragraphs 1 and 2 of this article.

also 

apply to the

ARTICLE 11. OBSERVANCE OF GENERAL REGULATIONS AND INSTRUCTIONS ISSUED BY THE WORK PLACEMENT PROVIDER 1. 2.

The Trainee will observe and abide the rules of conduct, regulations and instructions in the interests of order, health and safety, as they also apply to the personnel of the Work Placement Provider; The Trainee is expected to follow the instructions of the Company Mentor 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 and also any such information that comes to his attention and of which he ought to understand the confidential nature, both during and after the work placement.4

ARTICLE 13.  COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS 1. 2.

In relation to the end product, it is agreed that the copyright and other intellectual property rights will 

If these rights will not be transferred, the provisions of article 8.4, paragraphs 3 and 4 of the Avans Students’ Charter apply, which stipulate that Avans, after obtaining permission from the Trainee, may have the Trainee’s final dissertations 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 educational and research purposes.

ARTICLE 14. 1. 2.

3.

will not  be transferred to the Work Placement Provider; 5

COSTS AND LICENCES FOR SOFTWARE USE

Software programs provided by Avans University of Applied Sciences for educational use may not be used for commercial purposes. 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.6 Avans University of Applied Sciences cannot be held liable for costs as specified in paragraph 2.

We refer to appendix 1 for an optional Confidentiality Agreement. 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 checking the appropriate box. 6 In such a case, the Work Placement Provider and Trainee will settle the matter in mutual consultation. 4 5

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ARTICLE 15. 1. 2. 3. 4.

DISPUTES

In the event of problems during the work placement, the Trainee and Company Mentor will try to resolve them via proper consultation in the first instance; Disputes between the Trainee and the Company Mentor will be presented to the Avans Tutor; If applicable and if the Avans Tutor, Company Mentor and Trainee cannot reach a solution, the dispute will be presented to the Avans Work Placement Coordinator; Arbitration procedures as stipulated by the Avans University of Applied Sciences Executive Board also apply.

ARTICLE 16.

COUNSELLING

1.

The Avans Tutor is responsible for the counselling by Avans of the Trainee, in accordance with the



applicable Avans academic rules and guidelines. There will be a minimum of     counselling meetings/events;

2.

The Company Mentor is responsible for the counselling of the Trainee and will have at least a weekly consultation with the Trainee; The Trainee will comply with the conditions of reporting and feedback as set down in the work placement regulations.

3.

ARTICLE 17. 1. 2. 3. 4. 5.

ASSESSMENT

At the end of the Work Placement, the final assessment takes place in accordance with the guidelines set out in the Avans work placement regulations; The Company Mentor draws up an assessment recommendation in accordance with the guidelines formulated by Avans for this purpose; The Avans Tutor prepares the final assessment in accordance with the applicable Avans academic rules and guidelines; All evaluations and assessments are discussed with the Trainee; The final responsibility for the assessment rests with the study programme’s examination board.

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ARTICLE 18. TERMINATION OF THE WORK PLACEMENT AGREEMENT 1. 2.

3.



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, c. by mutual consent of all 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; The Work Placement Provider is entitled, having heard the Company Mentor and Trainee concerned, to terminate this agreement 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 Mentor 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 18.2.a and 18.2.b via the Company Mentor as intermediary; Avans is entitled, having heard the Avans Tutor and the Trainee concerned, to terminate this agreement with immediate effect and to withdraw the Trainee: a. if in Avans’ 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 agreement, 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. Avans will notify the Company Mentor immediately in relation to such a decision via the Company Mentor as intermediary.

ARTICLE 19. APPLICABLE LAW National laws apply to this agreement. The Work Placement Provider’s national and/or Dutch courts may have jurisdiction in the event of disputes.

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ARTICLE 20. FINAL PROVISION In case of inconsistencies between this work placement agreement and other agreements to be signed by the Trainee with the Work Placement Provider, the provisions of this (three party) agreement shall prevail. Important notice: the work placement agreement must be printed and signed in three identical copies. Avans University of Applied Sciences, the Work Placement Provider and the Trainee will each receive an original and fully signed copy of the agreement. Thus agreed and signed, on behalf of the:         Work Placement Provider

Trainee

Avans University of Applied Sciences

Date

Date

Date







Place Place Place



Name Name Name Signature

…………………….......... ……………………..........

……………………..........

APPENDICES: - Confidentiality Agreement (Optional) - Copy of the residence permit

Yes 

No

Not applicable

- Copy of the work permit

Yes 

No

Not applicable

- Copy of passport

Yes 

No

- additional personal or other information of the Trainee, if applicable - additional contact or other information regarding the Avans Tutor, if applicable - additional contact or other information regarding the Company Mentor, if applicable

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APPENDIX 1 CONFIDENTIALITY AGREEMENT (OPTIONAL) The undersigned: 1. 

  hereinafter referred to as ‘the Trainee’,

2. 

  hereinafter referred to as ‘the Work Placement Provider’, and

3. Avans Foundation, established in Tilburg, hereinafter referred to as ‘Avans’, for the purpose of this document duly represented by 

 

Whereas: ‐ The Trainee will fulfil an assignment at the Work Placement Provider from

within the framework of  

until

  (name of Study Programme)

‐ Within the framework of its business operations, the Work Placement Provider asks for this confidentiality agreement to be signed, which will consequently form an integral part of the work placement agreement. The Trainee agrees to the following provisions regarding confidentiality: The Trainee will observe confidentiality regarding all information which the Work Placement Provider has 1. earmarked as confidential or all information the Trainee could have reasonably suspected to be confidential. 2. Confidentiality means: a. The Trainee will only use this information for the work or research ensuing from the assignment; b. The Trainee will not disclose information earmarked by the Work Placement Provider as confidential to third parties. If the information does need to be stated for a report and/or presentation relating to the assignment, the Trainee will anonymise such information. c. The Trainee 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 Trainee at Avans and which the assignment forms a part of. 4. In the event that the Work Placement Provider feels that the Trainee has violated the duty of confidentiality, it will address the Trainee about this. In the event of the aforementioned violation, Avans may also address the Trainee about this behaviour. 5. In the case of repeated violation, the Work Placement Provider is entitled to cancel the assignment with immediate effect and prohibit both the Trainee and Avans from using the information and Work Placement Provider data made available any longer, in the course of which the Trainee is obliged to hand in all confidential information to the Work Placement Provider, while Avans undertakes to make maximum efforts in order to guarantee that no confidential company data will be made public.

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Work Placement Provider

Trainee

Avans University of Applied Sciences

Date

Date

Date







Place Place Place



Name Name Name Signature

…………………….......... ……………………..........

……………………..........

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