General terms and conditions (GTC) for recruitment, international recruitment and temporary employment
- Scope of application
These GTC apply to all individual contracts in accordance with Section 3 below between Hanseatic Connect GmbH & Co KG (hereinafter referred to as the “Company”) and its Clients (hereinafter referred to as the “Client”) in the area of recruitment, international recruitment and temporary employment. Deviating GTC of the Client shall not apply even if the Company does not expressly object or the Client declares that he will only conclude contracts with the Company on their own terms and conditions
- Authorisation for temporary employment
2.1. The Company is in possession of an (indefinite) temporary employment licence in accordance with § 1 para. 1 AÜG, issued by the Kiel Employment Agency. This authorisation has neither been revoked nor withdrawn.
2.2. The Company shall inform the Client immediately of any revocation or other expiry of the licence in accordance with § 5 of the German Temporary Employment Act (AÜG). In cases of non-renewal, withdrawal or cancellation, it will also inform the Client of the expected end of the settlement and the statutory settlement period.
- Subject matter of the contract
3.1. The Company recruits employees for the Client.
3.2. Each placement is made on the basis of an individual contract for the supply of temporary employees (temporary employment contracts) in accordance with the AÜG in the version applicable at the time of the contract. The Company’s contractual performance explicitly excludes the performance of the work to be carried out by the leased employee (temporary employee). The employee is neither an agent nor a vicarious agent of the Company.
3.3. The type of work to be performed and the specific duration of the assignment shall be agreed separately in the individual contract to be concluded.
3.4. The applicable collective labour agreements apply to the Company’s employees. If there is an increase in collectively agreed wages after the conclusion of an individual contract, the Company is entitled to increase the remuneration agreed with the Client by the same percentage.
- Services of the Company
4.1. The Company searches for and proposes suitable candidates for the positions specified by the Client.
4.2. The Company provides the Client with labour within the framework of temporary employment. The Company will take into account any wishes of the Client when selecting temporary employees. However, the Company is entitled to replace temporary employees with other temporary employees of equal suitability and qualifications at any time. If a temporary employee has been assigned to the Client, the obligation to assign is limited to this temporary employee.
4.3. If an official authorisation (such as a work permit or residence permit) is required for the employee to take up employment with the Client, the Company will submit the required authorisation on request.
4.5. The Company assures the Client that only temporary employees who have an employment contract with the Company will be hired out (no chain leasing).
- Obligations of the Client, conclusion of individual contracts
5.1. The Client shall provide the Company with all necessary information and documents required for the placement or transfer.
5.2. The Client shall inform the Company in text form of the number and qualifications of the required temporary employees as well as the desired start date and the expected duration of the assignment. The Company then informs the Client in text form which named temporary employees can be provided to the Client and at which hourly rates. After the Client has responded, the Company will send the Client a corresponding individual contract in text form for signature.
5.3. The Client agrees to accept the temporary employees named in the individual contracts on the terms agreed therein and to pay the agreed remuneration within the payment deadlines. The parties agree that the remuneration must be adjusted if the work performed becomes subject to a minimum wage or if the minimum wage increases.
5.4. Within the first two days of a temporary employee starting work for the first time, the Client may request the replacement of the temporary employee without giving reasons. Accordingly, the Client only has a claim to replacement of the temporary employee if the temporary employee is unsuitable for the agreed activity or has repeatedly failed to turn up for work without excuse. The Client is obliged to notify the Company in writing of the lack of suitability within one week of becoming aware of it. After expiry of this period, the right to replacement lapses.
5.5. The assignment to a Company other than the one specified in the individual contract, the exchange of temporary employees within a Company and the assignment of activities other than those agreed in this contract require the consent of the Company. The Client must inform the Company immediately if it is unable to deploy the temporary employee as specified. The Client is obliged to inform the Company in good time in advance if temporary employees are to be deployed abroad.
5.6. The Client may only deploy the temporary employees in accordance with the knowledge required and in accordance with the statutory provisions. In particular, the Client shall ensure that the rights of the temporary employees under works constitution law are observed and that the provisions of the General Equal Treatment Act (AGG) are also complied with in respect of the employees leased by the Company. In the event of unequal treatment of a temporary employee, the Client shall indemnify the Company against all claims by the temporary employee.
5.7. The Client shall grant the Company or its representatives free access to the workplaces of the temporary employees during working hours by arrangement in order to fulfil its statutory duty of care.
5.8. The temporary employees shall be instructed by the Client in the accident prevention regulations applicable to their area of work before commencing work. The Client agrees to ensure that the leased employees comply with the safety and accident prevention regulations applicable on its premises as well as the Company regulations. The Client is obliged to inform the temporary employee about the accident prevention regulations applicable in their company and the respective workplace before they start work, but in particular to provide the leased employee with the safety equipment and protective clothing required for the performance of the respective activity. This obligation includes the provision of any personal protective equipment (PPE), heat protection equipment and/or work shoes that may be required.
5.9. If the temporary employees are required to undergo a pre-employment medical examination, the Client shall bear the costs of the pre-employment medical examination.
5.10. The Client is obliged to grant temporary employees access to its communal facilities and services under the same conditions as comparable workers in its organisation, unless there are objective reasons justifying different treatment. The Client shall provide the Company with the data required to enable it to pay any taxes and social security contributions due on the use of the shared facilities and services by the temporary employees.
5.11. The Client shall inform the Company immediately of any changes to the collective agreement. In the event that this information proves to be inaccurate or the Client fails to communicate changes to this information in good time, the Client undertakes to indemnify the Company against all expenses incurred by the Company as a result; this also applies in particular to any subsequent wage payments, social security contributions to be paid, fines, or penalties.
5.12. The Client must immediately report an accident at work to the Company and the relevant accident insurance institution or the relevant employers’ liability insurance association and provide them with all information required for reporting in accordance with § 193 SGB VII.
- Remuneration
6.1. The remuneration for the agency services provided by the Company is based on the rates specified in the respective individual contract.
6.2. The Company will provide the Client with activity reports. If the Client does not raise any objections to the activity reports submitted to them within a period of one week, the activity reports shall be deemed approved.
6.3. All invoices are payable within the period specified in the respective individual contract, otherwise within 14 calendar days of invoicing without deduction. In the event of default, the statutory provisions shall apply (§§ 286 et seq. BGB).
6.4 Additional costs incurred in the context of international recruitment shall be invoiced separately, unless otherwise agreed in the respective contract, and shall be borne by the Client.
- Contract term and cancellation
7.1. The individual contracts commence upon signature by the Client and the Company and run for an indefinite period, unless otherwise agreed.
7.2. Both the Client and the Company can terminate the individual contracts in writing with a notice period of 6 months, unless otherwise agreed. The cancellation must be made in writing.
7.3. The right to terminate the contract without notice for good cause remains unaffected. Good cause shall be deemed to exist, for example, if the Client does not comply with the accident prevention regulations, if there is a significant deterioration in their financial circumstances or if they are at least three weeks in arrears with payment.
- Liability, force majeure, industrial action
8.1. The Company is only liable for damage caused by the temporary employee in the course of their activities for the selection of the temporary employee, but not for damage caused by a temporary employee in the course of or in connection with their work or if the temporary employee fails to perform. The Company’s liability is excluded in any case if the temporary employee is entrusted with an activity not specified in the order.
8.2. The Client shall indemnify the Company against any claims that third parties may raise in connection with the execution and performance of the work assigned to the temporary employee.
8.3. The Client is obliged to notify the Company in writing of any defects in the temporary employee’s work or any damage caused by the temporary employee’s work as soon as they are discovered.
8.4. Otherwise, the Company shall only be liable for a breach of duty if the Company, a legal representative of the Company or a vicarious agent of the Company has committed the breach of duty intentionally or through gross negligence; strict liability is excluded. In the event of breaches of material contractual obligations or injury to life, limb or health, liability shall also be assumed for simple negligence.
8.5. The Company’s liability shall be limited to foreseeable damage typical of the contract; this limitation shall not apply if the Company, a legal representative of the Company or a vicarious agent of the Company has caused the damage intentionally or through gross negligence or if the damage has arisen as a result of a breach of material contractual obligations or injury to life, limb or health.
8.6. The Company is not responsible for circumstances due to force majeure and due to events that make the placement and assignment of a suitable employee permanently or temporarily substantially more difficult or impossible for the Company – in particular strikes, lockouts, epidemics, official orders – even in the case of agreed deadlines and dates. Such circumstances entitle the Company to postpone the delivery for the duration of the disruption plus a reasonable lead time or to withdraw from the individual contract due to the part not yet fulfilled; the Client can only withdraw due to such circumstances if the delay lasts longer than four weeks.
8.7. If the temporary employees are unable to work due to industrial action at the Client’s premises, the Client shall not be required to pay for these lost hours. The temporary employee is not obliged to take up work during a strike, lockout or plant closure. The Client must inform the Company immediately of any industrial action taking place at its premises. Claims for damages by the Client are excluded in this respect.
- Offsetting, right of retention and assignment
9.1 The Client is not entitled to offset claims against claims of the Company or to assert a right of retention unless the counterclaim asserted by the Client is undisputed or has been recognised by declaratory judgement.
9.2 The Client is not authorised to assign claims of the Company to a third party.
- Data protection, confidentiality
10.1. Both the Company and the Client agree to treat and protect all personal data in accordance with the statutory data protection regulations.
10.2. Both the Client and the Company further undertake to keep confidential all business and trade secrets or information designated as confidential which they receive or become aware of from the other contracting party during the performance of the contract. The information and documents may not be made accessible to third parties not involved in the execution of the contract. To the extent permitted by law, this obligation also extends to the period after the termination of the temporary employment contract.
10.3. The duty of confidentiality does not apply to information and documents that are not available at the time of disclosure
- are generally known and accessible or were already known to the receiving contractual partner at the time of disclosure or were subsequently made accessible to him by third parties on a legitimate basis or
- must be disclosed due to legal obligations or by order of a court or authority. Insofar as is permissible and possible, the recipient obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclosure.
- Final provisions
11.1. Amendments or additions to this contract must be made in writing. This also applies to the amendment and cancellation of this written form clause.
11.2. The law of the Federal Republic of Germany shall apply. The place of fulfilment and jurisdiction is Hamburg.
