General Terms and Conditions Employee Leasing Contract

in the version of 17.11.2022

1. Legal status of the employee

1.1. The conclusion of the employee leasing contract doesn’t establish a contractual relationship between the customer and the employee.
1.2. The customer may assign to the employee only those activities that fall within the agreed scope of work. Changes in working hours and work activities may 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 are complied with. The same applies to legally permissible working time limits and breaks.
2.2. After prior consultation, the customer shall allow the lender access to the employee's place of work so that the lender can satisfy themself that the occupational health and safety regulations are being complied with.
2.3. If official permits are or will be required for the employment of the worker, the customer undertakes to obtain them before commencing the employment of the worker and to submit them to the lender upon request.
2.4. The Customer shall notify the Lender by writing immediately, i.e. on the day of the damage, of any occupational accident of the leased employee. Furthermore, the customer will provide the lender with a written damage report within 3 working days after 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 leasing of the employee is permanently or temporarily impeded by extraordinary circumstances. Such extraordinary circumstances are in particular labour disputes, sovereign measures, civil unrest, catastrophes, epidemics, etc. The right of withdrawal does not exist if the lender is responsible for the extraordinary circumstances.
3.2. If the leased employee doesn’t take up his work, does not continue his work or is absent for other reasons, the lender shall be informed immediately by the customer. The lender shall be entitled and shall use its best efforts to provide a replacement employee. If such a substitute is not available, the lender shall be released from the obligation to provide the worker, unless the lender is responsible for the worker's failure to commence work.

4. Absence of the employee

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

5. Exchange of the employee

5.1. If an employee does not have the agreed qualifications or is objectively unsuitable to perform the job for other reasons, the customer may demand the replacement of the employee at any time.
5.2. If the performance of the employee is not satisfactory for any other reason, the customer may notify the lender within 4 hours of the start of work. He will be provided with a substitute employee according to the given possibilities. If this is not possible for the lender, the customer can terminate the contract without notice with immediate effect.
5.3. The lender is authorized to recall the employee at any time and to replace him with other technically equivalent employees.

6. Termination, Cancellation

6.1. The premature termination of the contractual relationship obliges the client to pay the agreed remuneration on the basis of services rendered in accordance with the following paragraphs. This also includes the costs resulting from preparatory actions.

6.2. If the Client withdraws from the order placed or if there is a full or partial cancellation, the Agency may, without prejudice to the possibility of claiming higher actual damages,

• up to 6 weeks before the event starts 0 % / per person
• 6 - 4 Weeks before the event starts 30 % / per person
• 4 - 1 Weeks before the event starts 80 % / per person
• less than 1 Week before the event starts 100 % / per person

 

of the costs incurred for the processing of the order and for lost profit. The lost profit includes both the agency commission and the costs of corresponding buy-outs due to the provision of corresponding rights. The client reserves the right to prove a lesser damage.

6.3. The above paragraphs also explicitly apply to cases in which the customer places the order with the agency for the first time within the aforementioned cancellation period. In this case, the customer bears the full risk of default due to the explicitly requested, spontaneous booking and cannot invoke the fact that the cancellation deadlines could not be met.

7. Liability and indemnification

7.1. 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 with regard to the contractually agreed activity.
7.2. The liability of the lender is limited to intent or gross negligence in the case of damage to property and financial loss. 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 blameless action is excluded - also in the case of personal injury.
7.3. If an injury to the employee occurs in the customer's business for which the customer or its vicarious agents are responsible, the customer shall be liable for the costs of continued payment of remuneration of the lender to its employee arising from this breach of duty.
7.4. 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 claims made by the employee against the lender on account of a claim made by a third party on account of work performed for the customer. Excluded in each case are claims whose cause lies in an improper selection of the employee.

8. Termination of the contract

The contract may be terminated in writing by either party with one week's notice in the case of temporary or permanent assignment. The employee deployed at the customer is not entitled to receive notice of termination.

9. Billing

9.1. The customer undertakes to confirm weekly by an authorized representative the hours worked on the form "Activity record" by signature and company stamp.
9.2. The billing is done weekly. Receivables are to be settled within 7 days. The employee is not authorized to collect.
9.3. Offsetting or assertion of a right of retention against the lender is only permissible with undisputed or legally established claims.

10. Surcharges

Unless not agreed otherwise, the following surcharge provisions shall apply between the parties:

10.1. Overtime surcharges are paid if the agreed weekly working hours are exceeded by more than 15 %. The overtime surcharge is 25 %.
10.2. Supplements for night work are granted for work performed from 11pm to 6 am. The supplement for night work is 25 %.
10.3. The surcharge for Sunday work is 50 %.
10.4. The supplement for work on public holidays is 100 %. The statutory holiday regulations at the respective place of employment apply. Christmas Eve and New Year's Eve, both after 2 pm, are also considered public holidays.
10.5. If several surcharges for the same working time coincide, only the higher surcharge in each case shall be paid.
10.6. Unless otherwise agreed, the lender shall also be entitled to an increase in the temporary employment remuneration by the factor by which its costs increase as a result of the fact that it is obliged to make higher payments to the employees supplied to the customer under the provisions of collective agreements on industry surcharges. The temporary employment agency is obliged to disclose its cost calculation to substantiate the claim.

11. Employee takeover

11.1. If the customer and the employee conclude an employment or service contract with each other before the beginning, during or within six months after the end of the temporary employment, the lender shall be entitled to payment of an agency commission in the amount of four gross monthly salaries agreed between the customer and the employee plus VAT. The commission claim shall be reduced by 1/12 for each previous month of employment of the employee with the customer.
11.2. The customer may provide counter-evidence that the transfer was not the cause of the cessation.
11.3. The entitlement to payment of the agency commission shall also arise if the employee, within the periods specified in Clause 10.1.
(1) is employed by a company affiliated with the customer (§§ 15ff. AktG in Germany) or
(2) is employed by a company that is not affiliated with the customer, but is deployed from there to the customer by way of temporary employment.
11.4. The 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 work in the customer's company (10.3. Alt. (2)).
11.5. The customer is obliged to provide information about the reed monthly wage.

12. Privacy

12.1 The customer undertakes vis-à-vis the lender to process all personal data which are transmitted to it by the lender or which it otherwise collects about employees from the sphere of the lender exclusively for the purpose of implementing the contractual relationship existing with the lender and to comply with all data protection regulations. The customer shall comply with any reasonable instructions issued by the lender regarding the handling of such personal data which serve to ensure compliance with the provisions of data protection law.
12.2 In particular, personal data shall be deleted without undue delay if the purpose of the legal basis for their processing no longer requires further storage and there are no other legal obligations for further storage. If the Customer wishes to permissibly process the data 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 organizational measures to ensure the principles of data protection, in particular the security of the data.

13. prohibition of circumvention

13.1 The Customer may not directly place orders with the employees placed by the Agency, on whom it has already relied within the framework of the provision of temporary workers, or provide third parties with the employee's contact details for a period of 12 months since the last order. Rather, these employees may only be booked (again) through the agency. Excluded from this regulation are the cases of § 11 paragraph 1 (conclusion of a service or employment contract during or within 6 months after termination of the assignment). The customer is obliged to pay a contractual penalty in the amount of three times the usual agency commission to the agency for each case of violation.

13.2 The Customer may not place direct orders with the employees presented by the Agency or pass on their contact details to third parties even if no order is placed. Paragraph 1 shall apply accordingly.

13.3. in addition the reference is given that further contractual regulations between the agency and the mediated employees exist, from which further requirements of the agency can develop with evasions opposite the mediated employees.

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14. Others

14.1. Verbal subsidiary agreements, supplements or amendments to the contract are invalid. This also applies to the cancellation of this written form clause.
14.2. The invalidity of individual provisions of the contract shall not affect the validity of the remaining provisions. The parties shall replace the invalid provisions with valid agreements that achieve the economic purpose of the invalid provisions or come as close to it as possible.

15. Place of jurisdiction and performance

Place of jurisdiction and performance is Bielefeld.
This agreement is subject to the German law.