Legal information

Terms and conditions

The following terms apply to all business relations between the lender and the hirer, including future ones. The hirer's general terms and conditions are effective only if the lender agrees to them in writing, even if the lender does not expressly object. Contractual relations exist solely between the lender and the hirer.

The basis of the contract is the German Temporary Agency Work Act (AÜG) of 7 August 1972 (BGBl. I p. 1393), as amended. Lender and hirer undertake to comply with that Act.

The lender holds a permit for commercial temporary agency work under § 1 AÜG, issued by the Federal Employment Agency, Regional Directorate Saxony-Anhalt–Thuringia, on 24 September 1994. The lender will notify the hirer in writing without delay if the permit lapses.

The lender has incorporated the BAP/DGB collective agreement of 22 July 2003, as amended, into individual contracts.

The contract may be terminated even where it is for a fixed term, on 5 working days' notice. The right to terminate without notice for good cause remains unaffected. An assignment may be ended on 3 days' notice.

The hirer may give the assigned employee all instructions that fall, in kind and scope, within the agreed field of work. The hirer warrants that the assigned employee can be integrated into the hirer's operations. This applies in particular to overtime, night work and shift work.

To that extent the lender assigns to the hirer its claims to the employee's work performance, with the employee's consent.

If the assigned employee does not follow the hirer's instructions despite a warning from the lender, the employee is withdrawn and, at the hirer's request and so far as possible, replaced in an appropriate way.

The lender warrants that the employees assigned are, by training and ability, sufficiently suited to carry out the tasks in the hirer's business with ordinary care.

The lender undertakes to produce evidence of the assigned employee's qualifications (for example a journeyman's certificate, a skilled-worker certificate, a driving licence). There is no duty to check the accuracy of employment papers, in particular references, or to obtain a criminal-record certificate.

Where non-German employees who need a work permit are assigned, the lender will produce the work permit then in force under §§ 284 et seq. SGB III.

If the hirer is affected by industrial action, the hirer may require the work to stop. In the case of § 11 (5) AÜG the lender will point out to the assigned employee the right to refuse performance.

In extraordinary circumstances the lender may postpone the supply of employees or withdraw from the order in whole or in part. This covers any circumstance that makes supply permanently or temporarily more difficult or impossible. Claims for damages are excluded in these cases.

If an assigned employee is absent, whether excused or not, the lender will on the hirer's request provide a suitable replacement at once. If that is impossible in the circumstances, the lender is released from the duty to assign.

The lender's liability for all damage caused by its employees in the course of their work is excluded so far as the law allows and so far as it is not covered by the liability insurance the lender has taken out for its employees. Beyond proper and careful selection the lender has no further duty. In particular the lender is not liable for poor performance by the assigned employee; supervising that is the hirer's task under its right to direct the work. For other grounds of liability the lender is liable only for damage caused intentionally or by gross negligence. The hirer indemnifies the lender against any claims by third parties arising in connection with the tasks assigned to the employee.

The lender indemnifies the hirer against subsidiary liability. The hirer may require the lender to produce evidence that contributions have been paid to the competent collection bodies.

Employees made available to the hirer are selected according to the occupational qualification the hirer required and the work the hirer stated.

If an employee lacks reliability or suitability, the hirer may reject the employee after prior consultation, stating the reasons. If the hirer notifies the rejection before the end of the first full working day after the assignment begins, the assignment fee for that employee does not apply. The lender is obliged, so far as it can, to provide another suitable employee. The costs of rejection and replacement are borne by the lender.

The hirer must comply with the duties of care under § 618 BGB.

Under § 12 (1) AÜG the hirer must state the particular features of the work intended for the employee and the qualification required.

The employee is made available solely to carry out the stated work. The employee may therefore use and operate only the equipment, machines, tools and so on required for that work.

The hirer deploys the employee only at the place of work named in the order.

Moving an employee (a change of place of work) or changing the work to be done is a change to the contract. It must be notified to the lender without delay and confirmed by the lender. A change of place and/or of work entitles the lender to adjust the hourly charge-out rate.

The hirer does not entrust the employee with work involving money, securities or other valuables. In particular the hirer will not pay out or hand over money to the employee, or demand money from the employee.

The hirer undertakes to employ the employee only within the statutory limits of the Working Time Act (ArbZG). Where longer working time is permitted only with the approval of the trade supervisory office, the hirer must obtain that approval and send the lender a copy without being asked. The same applies to work on Sundays and public holidays.

Hours worked by the employee are recorded on time sheets. The hirer undertakes to name a responsible person and to confirm the time sheets the employee submits weekly, or immediately after the contract ends.

Commercial assignment of employees to construction businesses in which year-round employment is to be promoted (BaubetrV § 1) is not permitted. The hirer undertakes not to entrust employees with work that falls within that prohibition. The lender declares that it is not a business within the meaning of the BaubetrV and makes no payments to the ULAK or the ZVK. Changes are to be notified at once.

The hirer deploys the employee exclusively in its own business. Onward hiring (chain assignment) is not permitted under § 1 (1) sentence 3 AÜG.

Under § 11 (6) AÜG the work of the lender's employees is subject to the public-law health and safety rules that apply in the hirer's business. The employer's duties arising from those rules fall on the hirer, without prejudice to the lender's duties.

Before work starts, the hirer instructs the employee in the specific hazards of the places of work. The instruction is documented by the signatures of the hirer and the employee.

First-aid facilities and measures are provided by the hirer.

The hirer notifies the lender at once of an occupational accident involving the employee and passes on all information required. Accidents that must be reported are investigated jointly.

Safety checks at the place of work are carried out by the occupational safety specialist or by a person authorised by the lender. The hirer permits access to the workplaces.

If, while working in the hirer's business, the employee comes into direct or indirect contact with substances hazardous to health, or carries out hazardous work, the hirer carries out the required occupational-health examinations before the work starts, unless something else has been agreed with the lender.

Where local conditions allow, the hirer permits the employee to use works facilities such as the canteen, changing rooms, sanitary facilities and the like.

Unless expressly agreed otherwise, hourly charge-out rates do not include supplements for overtime, night work, shift work or work on Sundays and public holidays, and statutory VAT is added.

The agreed hourly rate applies on the condition that the employee does not carry out work other than that stated in the order. If the employee is used for other, higher-grade work, the rate is to be adjusted accordingly.

Prices are based on the agreed place of work. For deployments that differ from that place, the hirer bears the additional costs incurred by the lender.

Where payment for travel time has been agreed, it is remunerated at 50% of the charge-out rate. For calculating travel time, subsistence and travel money, the distance between the lender's registered office and the place of work is decisive.

If the employee cannot start work for reasons the hirer is responsible for (for example delivery delays, absence of the site manager or similar), the lender may charge the waiting time that arises. Waiting time is the time between the agreed start of work and the actual start.

Waiting time from failure to meet the weekly working time agreed in the order (Monday to Friday), and where the notice period for ending the assignment is not kept, is remunerated at 50% of the agreed hourly rate.

Payment is based on the signed time sheets and the hours actually worked.

The lender's employees are not authorised to collect payment.

A reasonable price increase is reserved if, after the contract is concluded, pay rises under a collective agreement occur, or circumstances the lender is not responsible for make the service more expensive. The increase takes effect two weeks after the announcement of a price increase is received. That announcement entitles the hirer to terminate the order with effect from the date of the increase.

Overtime, night work and work on Sundays and public holidays are charged with the agreed supplements. Where overtime, Sunday and public-holiday supplements coincide, only the higher supplement is charged.

If, in carrying out the work taken on, further customary or collectively agreed supplements have to be paid to the lender's employees, those supplements are charged on to the hirer.

If the hirer takes the employee on from the assignment, the lender is entitled to a placement fee. The fee is stepped: within the first three months, 2 gross monthly salaries; after three months, 1.5; after six months, 1; after nine months, 0.5 gross monthly salary. If there is no immediate time link between the employee's employment with the hirer and the preceding assignment, the lender may still claim a placement fee if the employment is attributable to the assignment. It is presumed that the employment is attributable to the preceding assignment if the employment relationship between hirer and employee is established within six months of the last assignment. The hirer may prove the contrary and thereby be released from the duty to pay.

Amendments and additions to the contract are effective only if agreed in writing. The written-form requirement can be waived only in writing. No oral side agreements have been made.

As security for the lender's claims, the hirer assigns, by way of a silent assignment, its claims against its own customer up to the amount of the lender's claims, and the lender accepts the assignment. The lender may disclose the assignment only if the hirer is more than 4 weeks in arrears with the agreed remuneration.

The place of performance for the lender's services is the agreed place of work; for payments, it is the hirer's registered office.

If individual provisions of this contract are wholly or partly void, the remaining provisions stay effective. Lender and hirer undertake to replace them with valid provisions that, so far as possible, achieve the purpose of the invalid ones. The void provision is replaced by the provision that comes closest to the economic purpose of the contract.

The place of jurisdiction is Halle/Saale, so far as the law allows. The law of the Federal Republic of Germany applies exclusively.

Status: 04/17