General Terms and Conditions



1. Labour law relations
1.1 The conclusion of an employee leasing agreement (hereinafter “ELA”) does not constitute a labour law relationship between the temporary worker and client. The client is the contractor.
1.2 For the period of employment with the client, it shall be for him to exercise the work-related decisional authority. The client shall only assign the temporary worker tasks that are governed by the area of activity agreed upon in the agreement with the contractor and correspond to the level of education of the respective temporary worker. As for the rest, the managerial authority lies with the contractor.
1.3 The temporary worker must maintain secrecy of all the client’s business affairs during as well as after the completion of the assignment.

2. Duties of care / cooperation of the client/occupational safety measures
2.1 The client shall undertake the duty of care in the context of occupational safety measures at the place of employment of the temporary worker. He shall release the contractor in this respect from all claims, of the temporary worker and other third parties, that result from inadequate awareness of this duty.
2.2 The client shall ensure that the applicable statutory provisions of the occupational safety law (in particular, working hours and occupational safety) at the place of employment of the temporary worker are followed. The client shall instruct the temporary worker before he begins his work, and inform him of any particular existing dangers connected with the task to be carried out as well as measures that are to be taken to prevent these dangers. The client shall allow the contractor access to the place of work of the temporary worker after previous discussion in order to ensure that the measures for occupational safety are being implemented.
2.3 Should the temporary worker meet with an occupational accident, the contractor must be informed of the same immediately.

3. Dismissing/replacing temporary workers
3.1 The client shall be entitled to dismiss a temporary worker by sending the contractor a written declaration if a reason authorising the contractor to an extraordinary termination of the employment contract with the temporary worker exists. If the temporary worker is dismissed, the contractor shall be entitled to send another temporary worker with equivalent qualifications to the client.
3.2 If the client declares within the first four hours that the temporary worker sent is not suited to the task assigned, and insists on a replacement, he, after prior consultation, shall not be charged for up to four working hours.
3.3 Furthermore, the contractor shall always be entitled, for organisational or legal reasons, to replace the temporary worker sent to the client and send another temporary worker with equivalent qualifications.

4. Impediments to performance/dismissal
4.1 The contractor shall be partly or entirely released from his duty to perform, if and when the assignment of temporary workers owing to exceptional circumstances that have not been caused by contractor is permanently or temporary impossible or unreasonably difficult (e.g. due to industrial action in the client or contractor’s company (strikes, lock-outs, etc.), acts of sovereignty, natural disasters, etc.). Moreover, the contractor shall be entitled to withdraw from the ELA in the cases mentioned.
4.2 If the temporary worker violates the agreement by not accepting his work or not taking it up on time, the client shall inform the contractor of the same without undue delay. The contractor shall do his best to provide a substitute at short notice. If the client does not notify the contractor immediately, the former shall not be entitled to assert claims against the contractor arising from and related to the work not accepted or not taken up on time by the temporary worker.

5. Invoicing
5.1 All the cost rates stated by the contractor are net values. The contractor shall send the client an invoice under disclosure of the statutory VAT upon the completion of the contract (or every week in the case of permanent transfer) unless the parties expressly agree upon a different method of invoicing.
5.2 Should the work location and area change, the contractor shall be entitled to change the hourly rate.
5.3 The contractor shall prepare the invoice in accordance with the time sheets given by the temporary worker and signed every week by the client. Should the daily or weekly working hours of the temporary worker exceed the applicable regular daily or weekly working hours laid down by the client, the contractor shall charge an overtime surcharge in accordance with the amount agreed upon in the employee leasing agreement. The same shall apply when charging public holiday, shift and night work surcharges, and other standard surcharges. In the event that the time sheets have not been submitted to the contractor for invoicing and this is because of the client, the contractor shall, in the event of a dispute, be entitled to charge a fee for one day of the temporary worker that corresponds to the maximum number of daily working hours of employees in accordance with the valid version of the working hours act (§ 3 of the Working Hours Act (ArbZG)). In these cases, the client shall reserve the right to arrange a shorter duration of employment of the temporary worker.
5.4 The invoice amounts shall be due and payable immediately and without deduction, upon the receipt of the invoice by the client.
5.5 In the event of a delay in payment on the part of the client, the contractor shall be entitled to charge him the statutory default interest, however, at least 5 % p.a. more than the base interest rate at the German Central Bank or the financing instrument of the European central bank replacing it.

6. Right of set-off/right of retention/assignment
The right of set-off or retention of the client shall exist only for claims that have been recognised in writing or legally determined.

7. Guarantee/liability
7.1 The contractor must ensure that the leased temporary worker is, in general, capable of carrying out the work provided; however, he is neither obligated to check employment papers, and in particular, certificates belonging to the temporary worker, for their correctness, nor obtain police clearance certificates.
7.2 The contractor shall not be liable for damages caused by the temporary worker when working for the client unless the contractor is found guilty of a deliberate or grossly negligent fault in selecting a worker. Apart from this, the liability of the contractor shall remain limited to intent and gross negligence. This shall apply to the statutory as well as contractual liability facts, in particular in the event of a delay, impossibility, incapability, breach of duty or in cases of unlawful acts. Moreover, in the event of intent or gross negligence by ordinary agents, the contractor shall be liable only for foreseeable damages.

8. Transferring temporary workers/commission
8.1 A transfer shall take place conclusively when the client or a company affiliated with him legally or economically during the period of the ELA enters into an employment contract with the temporary worker. A transfer also takes place when the client or a company affiliated with him legally or economically within 12 months after the termination of the assignment enters into an employment contract with the temporary worker. In this case, the client shall retain the right to prove that the employment contract has not been concluded owing to the previous assignment. Similarly, a transfer shall take place when the client or a company affiliated with him legally or economically enters into an employment contract directly after establishing contact with the applicant through the contractor without a previous transfer.
8.2 The client shall be obligated to inform the contractor whether and when an employment contract has been concluded. If, in the event of a dispute, the contractor provides indicative evidence of an employment contract between the client and temporary worker, the client shall have to bear the burden to prove that an employment contract has not been entered into.
8.3 In the event that 8.1 is true, the client must pay the contractor a commission. Temporary employment contracts are subject to commission to the same extent as permanent employment contracts are. The amount of the commission in the event of a direct transfer of the temporary worker without previous transfer is 2.5 gross monthly salaries. In the event of a transfer during the leasing, the commission for a transfer within the first three months of leasing shall amount to 2 gross monthly salaries, within six months, 1.5 gross monthly salaries, within nine months, 1 gross monthly salary and within twelve months, 0.5 gross monthly salaries. After the twelfth month, a commission shall be no longer due
8.4 The basis of calculation of the commission is the gross monthly salary agreed upon by the client and temporary worker, however, no less than the gross monthly salary agreed upon between the contractor and temporary worker. The client shall submit a copy of the signed employment contract to the contractor. In the event interruptions in the transfer, the beginning of the last transfer before establishing the employment contract shall be applicable. The commission plus statutory VAT must be paid/ The commission shall be due and payable immediately and without deduction.
8.5 Should the employee be working for the client on grounds of an open contract or a contract with a self-employed person, the provisions shall be applicable accordingly provided that instead of the gross monthly salary, the monthly remuneration agreed upon between the client and employee forms the basis of the calculation..

9. Contract period/termination
9.1 As long as the ELA concluded is not a temporary agreement, it shall continue for an unspecified period. The ELA can be terminated by both parties with a notice period of one week to the weekend. Every notice of termination must be made writing; in deviation from § 126 of the German Civil Code (BGB), an e-mail or fax shall suffice here.
9.2 The right to immediate termination shall remain unaffected by this. The contractor shall be especially entitled to immediately terminate this agreement if a) a request to open insolvency proceedings concerning the assets belonging to the client has been made, an insolvency proceeding has been opened or rejected for lack of assets or is impending or b) the client has not, even after having received a reminder and deadline for the same, settled an invoice due.
9.3 A termination of the ELA by the client shall be effective only if he declares this to the contractor. The temporary workers assigned are not authorised to receive the declarations of termination.

10. Final provisions - severability clause
10.1 Amendments and additions to the ELA between the parties, and these general terms and conditions must be made in writing in order to be effective. The temporary workers assigned by the contractor shall not be authorised to agree upon amendments, additions or subsidiary agreements to the ELA with the client.
10.2 The place of jurisdiction for all disputes arising from and related to the contractual relationship between the contractor and client shall be the official address of the contractor in Aschaffenburg.
10.3 Should a provision or a part of a provision be or become partly or completely invalid, the effectiveness of the remaining provisions shall remain unaffected." "Alptekin Personalservice GmbH
(as at 13.01.2014)

Alptekin Personalservice GmbH
(as at 13.01.2014)





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