The Staffing Agency shall provide the Client with temporary employees at the agreed place of employment on the basis of the Staff Leasing Agreement under the General Contractual Terms and Conditions – Staff Leasing (AVA) set forth below. Conflicting terms and conditions of the Client shall only be recognized insofar as they are consistent with the AVA or have been expressly confirmed in writing by the Staffing Agency.
1.1. The employees provided by the personnel service provider are selected according to the professional requirements profile described by the customer and may only be deployed in the contractually agreed area of activity. In particular, the customer is prohibited from entrusting the employees with the transportation, handling or collection of money and other means of payment.
1.2. During the assignment at the customer’s site, the employees are subject to the customer’s instructions and work under the customer’s supervision and guidance. Contractual relations are not established between the customer and the employee. Agreements on the type and duration of work, working hours and other arrangements are only effective insofar as they have been made with the personnel service provider.
2.1. During the work assignment, the customer assumes the duties of care of an employer towards the employee. He must ensure that the applicable accident prevention and occupational health and safety regulations as well as the legally permissible working time limits are complied with at the employee’s place of employment and that the facilities and measures of “first aid” are guaranteed. Insofar as the employee’s activity requires an occupational health examination, the customer shall conduct such an examination prior to the start of the activity.
2.2. If the employee is to be employed at times or on days when employment is only permitted with special official approval, the customer shall obtain such approval prior to employment at such times or on such days. The customer shall instruct the employee before the start of employment at the workplace and inform him of the particular hazards of the activity to be performed as well as measures to avert them.
2.3. The customer is obliged to monitor compliance with employee protection regulations. The above obligations are without prejudice to the obligations of the personnel service provider. In order to perform its employer duties, the personnel service provider shall be granted the right of access to the workplaces of the leased employees at any time during working hours.
2.4. The Client is obliged to immediately notify the Staffing Agency of any accident at work. Reportable occupational accidents must be reported immediately to the Administrative Employer’s Liability Insurance Association by means of an accident report. The customer must send a copy of the accident report to the professional association responsible for his company.
2.5. Should the employee justifiably refuse to commence or continue work in the event of defective or non-existent safety facilities, equipment or protective clothing, the customer shall be liable for the resulting loss of wages.
The personnel service provider as well as the leased employee are obliged to maintain confidentiality about all business matters of the client.
4.1. If the customer is not satisfied with the performance of the employee, he/she may reject the employee within 4 hours of the start of the assignment.
4.2. The customer may reject the employee with immediate effect if there is a reason that would entitle the employer to extraordinary termination (§ 626 BGB).
4.3. The rejection must be made in each case by written declaration to the personnel service provider, stating the reasons.
5.1. In cases of rejection according to 4.1, the Staffing Agency shall be entitled to provide another employee of equal professional level. However, such an obligation only applies to the personnel service provider if it had not properly selected the rejected employee.
5.2. Furthermore, the Staffing Agency is entitled to replace the leased employee at any time for internal, organizational or legal reasons and to provide a technically equivalent employee.
6.1. The hourly billing rate agreed in the respective employee leasing contract shall be decisive for the billing. This is based on a weekly working time of 35 working hours.
6.2. If the Client wishes to perform overtime, night work, work on Sundays or holidays, a special prior agreement with the Staffing Agency is required. In these cases, the following surcharges will be applied:
a) Overtime 25%
b) Night work 20%
c) Surcharge for work on Sundays, work on public holidays 50%.
d) Surcharge for work on May 1, Easter Sunday, Christmas Day, New Year’s Day 100%.
7.1. Invoices are sent to the customer weekly, but at least once a month. The billing basis is the employee’s time sheets to be signed by the customer. Time sheets are submitted to the customer weekly, at the end of the calendar month or immediately after the completion of the order. Invoices issued by the Staffing Agency are due immediately and payable without deduction. The employee is not entitled to receive advances or other payments.
7.2. If the Client is in default of payment, the Staffing Agency shall be entitled to declare all outstanding invoices – including deferred invoices – immediately due and payable and to demand immediate settlement or the provision of security from the Client. At the same time, the Staffing Agency is entitled to withhold the manpower to be provided by it until the payment is settled.
8.1. If the Client enters into an employment relationship with the leased employee during the existing leasing relationship or immediately thereafter, the Staffing Agency shall be entitled to charge a leasing fee of 12% of the annual income of the leased employee plus the leasing fee. of the statutory VAT to be charged.
8.2. The fee is reduced by 1/12 per month of assignment and is due upon conclusion of the employment contract between the employee and the customer.
The Client is not entitled to offset or assert a right of retention against the Staffing Agency unless the counterclaim is undisputed or has been legally established.
10.1. The Staffing Agency shall be liable only for the faultless selection of its employees for the agreed activity. He shall not be liable for the performance of the work by the employee or for any damage caused by the employee in the course of his work. The Client is obliged to indemnify the Staffing Agency against all claims raised by third parties in connection with the execution and performance of the activities assigned to the leased employee.
10.2. In the event of damage resulting from injury to life, body or health, the Staffing Agency shall be liable in accordance with the statutory provisions in the event of its own fault.
10.3. For all other damages, the Staffing Agency shall be liable in case of its own fault only in case of intent and gross negligence. Liability for slight/normal negligence is excluded. This applies to the liability for the careful selection of the employee as well as to all other cases (delay, impossibility, positive breach of contract, culpa in contrahendo, etc.).
10.4. If the Staffing Agency breaches an obligation arising from the Staff Leasing Agreement, the Client must demonstrate and prove that the Staffing Agency is responsible for the breach of obligation.
11.1. If the contract is not concluded for a fixed term, it can be terminated by either party with a notice period of 5 working days to the respective weekend.
11.2. Does the personnel service provider in the cases of para. 5.1. does not exercise its right to replace the employee, the contract may be terminated by either party without notice.
11.3. The Staffing Agency shall also be entitled to terminate the Agreement without notice if the Client, in the event of default in payment or a significant deterioration in its financial circumstances, fails to comply with a request pursuant to sec. 7.2. does not comply. This shall not affect the Personnel Service Provider’s other claims for damages.
11.4. Any termination must be in writing. Termination by the Client shall only be effective if it is given to the Staffing Agency. A notice of termination given only to the employee is invalid.
12.1. Subsidiary agreements and amendments to the contract must be made in writing to be effective.
12.2. If the Customer is a merchant, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of the Staffing Agency.