Conditions

1. Legal status of the employee

1.1 The conclusion of the employee leasing contract does not establish a contractual relationship between the customer and the employee.

1.2 The customer may only assign the employee activities that fall within the agreed scope of activity. Changes to working hours and work activities can only be agreed between the lender and the customer.

1.3 The employee may not be entrusted by the client with money or securities matters.

 

2. Obligations of the customer

2.1 The customer shall ensure that accident prevention and occupational safety regulations as well as the legally permissible working time limits and breaks are observed.

2.2 The customer shall allow the lender access to the employee's place of work after prior consultation so that the lender can ensure compliance with the health and safety regulations.

2.3 If official authorisations are or become necessary for the employment of the employee, the customer undertakes to obtain these prior to the commencement of the employment of the employee and to present them to the lender on request.

2.4 The customer shall notify the lender in writing without delay, i.e. on the day of the damage, of any accident at work suffered by the leased employee. Furthermore, the customer shall provide the lender with a written damage report within 3 working days of the occurrence of the damage. According to § 193 SGB VII, the customer is also obliged to report the accident to his insurance carrier.

3. Absence of the employee

3.1 The Lender may withdraw from the contract in whole or in part if and to the extent that the hiring out of the employee is permanently or temporarily impeded by extraordinary circumstances. Such extraordinary circumstances are in particular labour disputes, sovereign measures, civil unrest, disasters, epidemics, etc. The right of cancellation shall not apply if the hirer is responsible for the extraordinary circumstances.

3.2 If the leased employee does not take up his work, does not continue it or is absent for other reasons, the customer must inform the lender immediately. The lender shall be entitled and shall use its best endeavours to provide a replacement. If such a replacement is not available, the lender shall be released from the obligation to provide the employee, unless the lender is responsible for the employee's failure to start work.

4. Selection of the employee

The employee shall be carefully selected by the lender. Nevertheless, the customer is obliged to satisfy himself of the suitability of the employee assigned to him and to address any complaints to the lender without delay.  

5. Replacement of the employee

5.1 If an employee does not have the agreed qualifications or is objectively unsuitable for performing the work for other reasons, the customer may request the replacement of the employee at any time.

5.2 If the customer is not satisfied with the employee's performance for other reasons, he may inform the lender of this within 4 hours of commencing work. He will be provided with a replacement according to the given possibilities. If this is not possible for the lender, the customer may cancel the contract with immediate effect without notice.

5.3 The Lender is authorised to recall the employee at any time and to replace him with other employees of equal professional competence.                                                  

 

6. Liability and indemnity

6.1 The liability of the Lender for the actions of the employees is excluded. The lender shall only be liable for the proper selection of its employees in relation to the contractually agreed activity.

6.2 The lender's liability for property damage and financial loss is limited to intent or gross negligence. In the event of a breach of material contractual obligations, such as the proper selection of the employee, the lender shall also be liable for property damage and financial loss in the event of normal and slight negligence. Liability for negligent behaviour is excluded - even in the case of personal injury.

6.3 If an employee is injured on the customer's premises for which the customer or its vicarious agents are responsible, the customer shall be liable to its employee for the continued payment of remuneration incurred by the lender as a result of this breach of duty.

6.4 The customer is obliged to indemnify the lender against all claims made by third parties against the lender in connection with the performance of the activities assigned to the employee. The customer is also obliged to indemnify the lender against any claims made by the employee against the lender as a result of claims made by third parties in connection with work carried out for the customer. This does not apply to claims that are caused by improper selection of the employee.

7. Termination of the contract

The contract may be terminated in writing by either party with a notice period of 6 months in the case of temporary and permanent hiring. The employee employed by the customer is not entitled to receive notice of termination.        

8. Billing

8.1 The customer undertakes to have an authorised representative confirm the hours worked on a weekly basis by signing and stamping the "Activity Record" form.

8.2 Invoicing shall take place on a weekly basis. Receivables are to be settled immediately. The employee is not authorised to collect.

8.3 Offsetting or the assertion of a right of retention against the lender is only permissible with undisputed or legally established claims.

9. Surcharges

Unless otherwise agreed, the following surcharge regulations shall apply between the parties:

9.1 Overtime bonuses are paid if the agreed weekly working hours are exceeded by more than 15%. The overtime supplement is 25 per cent. This supplement is always levied independently of all other supplements.

9.2 Supplements for night work are granted for work performed between 22.00 and 6.00 hours. The supplement for night work is 100 per cent.

9.3 The surcharge for Sunday work is 150 per cent.

9.4 The surcharge for work on public holidays is 200 per cent. The statutory public holiday regulations at the respective location apply. Public holidays also include Christmas Eve and New Year's Eve, in each case after 14:00.

9.5 If several supplements, with the exception of the overtime supplement, are paid for the same working time, only the higher supplement shall be paid.

9.6 Unless otherwise agreed, the Contractor shall also be entitled to an increase in the leasing remuneration by the factor by which its costs increase due to the fact that it is obliged to make higher payments to the employees leased to the Customer in accordance with the provisions of collective agreements on industry surcharges. The temporary employment agency is obliged to disclose its cost calculation to justify the claim.

 

10. Takeover of employees

10.1 If the customer and the employee conclude an employment or service contract with each other before the start, during or within six months after the end of the assignment, the lender shall be entitled to payment of a commission in the amount of five gross monthly salaries plus VAT agreed between the customer and the employee. The commission claim shall be reduced by 1/12 for each previous month of employment of the employee with the customer.

10.2 The customer may provide evidence to the contrary that the transfer was not the cause of the cessation.

10.3 The claim to payment of the agency commission shall also arise if the employee, within the periods specified in Clause 10.1.

• is employed by a company affiliated with the customer (§§ 15ff. AktG in Germany) or
• is employed by a company that is not affiliated with the customer, but is then deployed by the customer as a temporary employee.

10.4 The placement commission is due upon conclusion of the employment contract between the employee and the customer (10.1.) or the affiliated company (10.3. Alt. (1)) or upon commencement of employment at the client company (10.3. Alt. (2)).

10.5 The customer is obliged to provide information about the agreed monthly salary.

 

11. Privacy

11.1 The customer undertakes vis-à-vis the lender to process all personal data that are transmitted to it by the lender or that it otherwise collects about employees from the sphere of the lender exclusively for the purposes of implementing the contractual relationship existing with the lender and to comply with all data protection regulations. The customer must comply with appropriate instructions from the lender regarding the handling of such personal data, which serve to ensure compliance with data protection regulations.

11.2 In particular, personal data must be deleted immediately if the purpose of the legal basis for its processing no longer requires further storage and there are no other legal obligations for further storage. If the customer wishes to process the data permissibly for another purpose, the customer shall inform not only the data subject but also the lender. Furthermore, the customer undertakes to take all technical and organisational measures to ensure the principles of data protection, in particular the security of the data.

 

12. Miscellaneous

12.1 Verbal collateral agreements, additions or amendments to the contract are invalid. This also applies to the cancellation of this written form clause.

12.2 The invalidity of individual provisions of the contract shall not affect the validity of the remaining provisions. The parties shall replace the ineffective provisions with effective agreements that achieve the economic purpose of the ineffective provisions or come as close as possible to it.

13. Place of jurisdiction/place of fulfilment

Place of jurisdiction and place of fulfilment is the registered office of the lender (Gießen)    

The law of the Federal Republic of Germany shall apply.

Status 05/2024