Collective agreement Between Hilfr ApS, Central Business Register (CVR) No. 37297262 and United Federation of Danish Workers (3F Private Service, Hotel and Restaurant)

Hilfr 2

COLLECTIVE AGREEMENT

§ 1Scope of the agreement

Scope of application

This collective agreement applies to service assistants who perform cleaning work in private homes facilitated by the digital platform Hilfr ApS (hereinafter Hilfr).

The agreement only covers salaried employees.

§ 2Employers' liability

Hilfr is the hiring company and is responsible for the payment of salaries, holiday pay, pension contributions etc. to the employees and for withholding and paying tax.

§ 3Employment

Employment contract

The Employment Contracts Act ( ans^ttelsesbevisloven ) in force at any time is to be regarded as an agreement entered into in accordance with this collective agreement.

The parties agree that Hilfr has a duty to ensure that all communication, given orders and instructions are given to the company’s foreign workers in a language they can understand. This also applies to employment and dismissal conditions.

Affiliation agreement

An affiliation agreement is concluded between Hilfr and the employee using the template agreed by the parties (Annex 2). The affiliation agreement forms part of the employment contract.

Confirmation of tasks

For every task obtained, a confirmation will be forwarded to the employee digitally. The confirmation of the task includes information on when the task is scheduled to begin, the agreed number of hours, the agreed hourly salary, a task description and the address at which the job is to be performed.

The affiliation agreement and the job confirmation for the individual task constitute an employment contract.

§ 4Salary

Subsection 1. Reference is made to the Pay Annex in force at any given time (Annex 1).

The salary must be paid to the employee's account at a bank designated by the employee on the last working day of each month.

The pay period runs from the 16th to the 15th of the following month.

The employee can set his/her individual salary via the platform. Meanwhile, it can never be lower than the pay stipulated in this collective agreement.

Subsection 2. The service fee payable to Hilfr is included in the salary disclosed to the customer on the platform.

The employee must always be informed of the amount of the service fee and of his or her own salary.

Subsection 3. Notice of changes to the service fee must be given with at least 3 months’ notice. Changes to the service fee cannot be made in relation to agreements already concluded with users.

Subsection 4. The salary due to the employee, with the deduction of the service fee, cannot be lower than the salary under the Pay Annex in force at any time (Annex 1).

Subsection 5. Salary is provided for the hours worked. Any calculation of or payment for piecework are of no concern to the employee.

§ 5Salary statement

By the end of each month, a salary statement will be forwarded to employees showing the hours worked, the hourly pay and other allowances, including pension, accrued holidays, holiday pay, etc.

The service fee is not declared as taxable income.

Salary statements are forwarded digitally, cf. Protocol 1

§ 6Tasks and cancellation of tasks

Subsection 1. The employee decides how many tasks to accept and when to perform the tasks as agreed with the customer.

Subsection 2. The employee is responsible for keeping and updating his or her calendar on the platform, which shows the hours when the employee is available for accepting tasks.

Subsection 3. To the extent possible, the employee must accept booking requests from customers within those hours, unless specific conditions apply. Employees must reply to messages from customers as soon as possible.

Subsection 4. If the customer cancels a task for which the employee has received a confirmation, the employee must receive a fee amounting to 50% of the agreed pay if the cancellation is made with less than 36 hours’ notice calculated from the time when the task was scheduled to start unless the cancellation can be attributed to the employee.

Holiday pay and pension are calculated on the basis of unemployment benefit paid.

Pension contributions are only paid if the employee has had paid employment i Hilfr amounting to a minimum of 320 hours within a 3-year period or if the employee already belongs to an occupational pension scheme.

§ 9Dismissal

Deletion or other depersonalization of the employee’s profile on the platform is considered dismissal.

Deletion or other depersonalization of the employee’s profile on the platform cannot be carried out before the employees has been notified of this in writing.

The forwarding of information about an upcoming deletion or other depersonalization can only be made to a digital address designated by the employee and is considered to have arrived in good time on the day after receipt.

Dismissal must be objectively justified in either the company’s or the employee’s circumstances under the rules on the General agreement. The notice of dismissal must contain a full statement of the reasons on which it is based and must contain a description of all facts, assessments and considerations relied on and how they have been weighed.

Claims of unjustified dismissal shall be dealt with in accordance with the rules of the General Agreement between LO and DA in force at any time.

Gross misconduct

The above rules on dismissal do not affect Hilfr's right to make a justified dismissal in the event of the employee’s gross misconduct.

§ 10Notice periods

The notices given by the employee only apply to the booking confirmations that the employee accepted prior to resignation. The employee is not under the obligation to take on any new tasks.

The employee must have unhindered access to take on tasks during the notice period. The employee cannot take on tasks that extend beyond the duration of the notice period.

During the notice period, no changes can be made to the employee’s profile on the platform that prevent or reduce the employee’s ability to take on tasks.

The notice given by Hilfr only applies to the tasks obtained by the employee via the platform. Hilfr is under no obligation to provide further tasks.

During the notice period, the work performed for the customer continues unless Hilfr and the customer agree otherwise. If Hilfr and the customer agree to cease cooperation during the notice period of the employee, the employee must receive a salary that corresponds to the amount of the booking confirmation until the expiry of the notice period, without prejudice to § 6.

Subsection 2. Holiday pay is provided in accordance with the provisions of the Holiday Act.

Subsection 3. The company must transfer the employee's holiday pay to 3F’s Holiday Fund once a month.

Subsection 4. If 3F's Holiday Fund introduces a fee for use of its Holiday Fund, such a fee may amount to a maximum amount corresponding to the fee set at any time for use of the

Holiday Fund.

Payment

Subsection 5. The employee must request payment of holiday pay via borger.dk which will then forward the request to Hilfr or 3F’s Holiday Fund. Holiday pay can be paid out one month prior to the date of the commencement of the holiday at the earliest.

Reference is also made to the provisions of the Holiday Act.

Subsection 6. Disputes regarding the Holiday Act are settled through industrial arbitration.

Floating holidays

Subsection 7. The employee is entitled to five floating holidays

Subsection 8. Accrual of floating holidays is set at 1,75% of the share of the employee's salary used as a basis for calculating holiday payment.

Subsection 9. Payment must be made in end-December and end-June of every year or upon resignation with the final payment of salary.

Subsection 10. Floating holidays can be taken subject to the same rules as residual holiday. Floating holidays cannot be taken during a notice period.

§ 13Digital local union club

Subsection 1. The union has access to place a link on the platform that is visible and easily accessible to the employees.

Subsection 2. Through this link, the employees have access to a website, from which they can elect union representatives, health and safety representatives and other representatives, communicate with the union and each other, and hold ballots and similar union activities.

Subsection 3. The link must contain the union's logo and name in letters.

Subsection 4. The link can only be used by the employees.

Subsection 5. The union is under the obligation to contribute to the conduct of statutory elections of health and safety representatives via the union’s website.

§ 14Non-compete clauses

Non-compete clauses that prevent the employees from concluding private agreements with customers cannot be imposed on or agreed with the employees.

§ 15Fair terms and conditions

Subsection 1. Hilfr must ensure equal and fair conditions in all matters of importance to the employee.

Subsection 2. Hilfr must ensure equal and fair access to customers for all employees. No direct or indirect obstacles must be placed to prevent individual employees from performing as much and as good quality work as possible and to obtain as many customers through the platform as possible.

Subsection 3. Hilfr must take all reasonable measures to prevent discrimination and bias among the users.

Subsection 1. Hilfr must ensure a good work environment, job satisfaction and well-being for its employees and must ensure appropriate solutions that reduce the risk of job dissatisfaction.

Subsection 2. Hilfr must ensure that employees have co-influence and co-determination on matters concerning health and safety at work.

Subsection 2. For any decision of importance to the employee, the employee must be made aware that one or more algorithms in unison (algorithmic decision) have made the decision.

Subsection 3. Algorithmic decisions affecting employees must be open to challenge before the relevant trade union, labour law and civil law bodies as if they had been made by a human.

Subsection 4. The circumstance that a decision has been made by an algorithm cannot give rise to procedural prejudice to the employee's disadvantage.

Subsection 5. Any algorithmic decision significantly affecting an employees, including dismissal, must contain a full statement of the reasons on which it is based and must contain a description of all facts, assessments and considerations relied on and how they have been weighed. Failure to observe this invalidates the decision.

Transparency

Subsection 6. When the employment relationship is established and subsequently, in the event of any change, the employee must be informed of the areas in which algorithmic decisions have been used and the areas in which algorithms have been used to make estimates and assessments for use in human decisions with significance to the employee.

Subsection 7. When the employment relationship is established and subsequently, in the event of any change, the employee must be informed of the data collected on the employee and from which sources.

Data collection

Subsection 8. Collection of data about the employee must have a reasoned management objective.

Disclosure to third parties

Subsection 9. Data on the employee cannot be collected by a third party. Tax information is excluded from this.

Apps installed on the employee’s mobile phone, PC or similar

Subsection 10. Apps that are required to be installed on the employee’s user interface (such as mobile phone, PC or similar) may not collect or transmit data from the device.

Communication from the employee to the platform is exempt from this requirement.

Waiver of rights

Subsection 11. Any individual waiver of rights in relation to the collection, transmission, use and retention of employee data is void unless the waiver is entered into with the individual employee and is covered by the agreement between the parties to that effect which is part of this collective agreement, cf. Annex 3.

§ 18The employee’s profile on the platform

Subsection 1. The employee can, at any time, request that derogatory, false and offensive statements, images or signs be removed from his/her profile and other places on the platform that can be associated with the employee and where the employee can be clearly identified without adversely affecting the employment relationship.

Subsection 2. The employee can, at any time, request that unfavourable statements be removed from his/her profile and other places where the employee is clearly associated with such statements. Hilfr may, however, convert the customers' unfavourable statements into a rating system.

Subsection 3. The parties have agreed that this collective agreement cannot place the employee at a disadvantage to the legislation in force at any time in relation to the collection, dissemination, use and storage of data about the employee. 

§ 19Conditions underlying the collective agreement

Subsection 1. The current collective agreement is based on Hilfr’s business model at the time of the conclusion of the collective agreement and it is therefore closely linked to that business model.

Subsection 2. Should Hilfr consider making substantial amendments to conditions upon which provisions in this agreement are based which are significant to the employee, the parties must resume negotiations of the relevant provisions in the collective agreement with a view to reach an agreement thereof.

Subsection 3. Significant amendments affecting the employee cannot be implemented unless agreement is reached.

Subsection 4. Disputes as to whether the intended amendments are significant to amendments which are prerequisites for provisions in this collective agreement and which are significant to the employee, must be settled by means of industrial arbitration.

§ 20Accession to the agreements between LO (FH) and DA in force at any time.

The agreements between LO (FH) and DA in force at any time apply.

§ 21Entry into force and duration

The collective agreement comes into force from 1 July 2024 and is in force until 1 March 2025 where it ultimately expires unless the parties agree on a renewal following renegotiations.

During the life of the collective agreement, both parties can terminate the agreement with 3 months’ notice whereupon it expires.

If the collective agreement expires, the normative provisions of the agreement still apply as individual agreements for the individual employees until they may be terminated with the individual notices of the employees.

The parties agree that the above is subject to the approval of the competent assemblies.

Copenhagen, 28 May 2024

PROTOCOLS

Protocol 1. Digital address - correspondence

All correspondence between Hilfr and the employee is digital. There are no situations in which Hilfr is required to forward mail, including the forwarding of offers and orders, by post.

It is the responsibility of the employee to ensure that Hilfr is always informed of a valid digital address to which it can forward messages to the employee.

Protocol 2. Digital address - illness, notice of fitness for work

Hilfr is required to ensure that the employee has been informed of the digital address to which the employee must forward notices of sickness and fitness for work etc.

Protocol 3. Rules on union representatives

The rules in force at any time regarding union representatives, including election and duties, in the collective agreement between 3F PSHR and the Confederation of Danish Industry/SBA for the service area apply.

Protocol 5. pension scheme

The pension provision in force at any time in the collective agreement relationship between 3F PSHR and the Confederation of Danish Industry/SBA for the service area applies.

ANNEX

Annex 2.Affiliation agreement

Once the employee registers on the platform, an affiliation agreement which contains the following information as a minimum is forwarded digitally:

1.The employer’s and the employee’s names and addresses.

2.The location of the workplace. In the absence of a fixed place of work or location where the work is mainly performed, it must be stated that the employee works at several different locations and the address of the head office of the employer must also be stated.

3.The description of the work contains normal cleaning work in private homes.

4.The date of commencement of the employment relationship.

5.That the employment relationship is, generally, for an unlimited period.

6.The employees’ rights with regard to holiday and payment thereof.

7.The length of the periods of notice to be observed by the employee and the employer or the rules thereon.

8.The applicable minimum salary to which the employee is entitled at the start of the employment relationship and allowances and other salary components not contained therein, such as pension contributions. Further, information will be provided about the salary payment dates.

9.That working hours vary.

10.Information about the collective agreement which governs the employment relationship and that the parties are 3F - Private Service, Hotel and Restaurant and Hilfr. ApS.

11.That for every task, a written confirmation is forwarded which contains the address at which the work is to be performed, the name of the customer, the agreed number of hours, the extent of the agreement with the customer and the agreed hourly pay.

Annex 3.Declaration on waiver of individual rights

The waiver of rights declaration concerning personal information on Hilfr's digital platform

By creating and sharing personal information on Hilfr's digital platform, I am aware that I am voluntarily sharing certain personal information and an image of myself. I understand that this information will be available to customers, other employees and relevant parties within the company

I hereby confirm that I have given my consent to share this information on the platform and am aware of the following:

1.Data controller: Hilfr ApS is the data controller for the processing of the personal information I share on the platform.

2.Purpose of data processing: The personal information I share will be processed by the company for purposes such as work-related communication, collaboration and identification on the platform.

3.Right to withdraw consent: I have the right to withdraw my consent to share my personal information on the platform at any time. I understand that withdrawal of consent may affect my use of the platform and certain work-related activities

4.Sharing of data: I agree that my personal information, including my image, may be shared internally within the company and with relevant third parties to the extent necessary to fulfil the purpose of the platform.

5.Security and data retention: The company will take appropriate technical and organisational measures to protect my personal data against unauthorised access, alteration, disclosure or destruction.

I understand that it is my responsibility to update my personal information on the platform and to respect all applicable guidelines and GDPR rules.

With the exception of this declaration, I have not given permission to collect, process and store any other personal information about me, including images, tax information and information about my bank account number excepted.

I hereby release Hilfr ApS from any liability for sharing my personal information on the digital platform in accordance with applicable GDPR regulations.

Signed:

Date: 

All protocols, declarations and appendices form part of the collective agreement and share the same termination clauses.

Copenhagen, 28 May 2024