Terms and Conditions
Terms and Conditions as per 12-2014
- These Terms and Conditions are an integral part of all services, order confirmations and agreements by/with PayLohn GmbH regarding temporary employment and personnel leasing. PayLohn GmbH is licensed by the local department of the German Federal Employment Agency [Bundesagentur für Arbeit] to supply temporary workers according to Art. 1 § 1 of the German Federal Employee Lending Law [Arbeitnehmerüberlassungsgesetz (AÜG)], issued by the Bavaria Regional Directorate of the Federal Employment Agency [Bundesagentur für Arbeit]. PayLohn GmbH is a member of IGZ German Association of Temporary Employment Agencies e.V. [IGZ Interessenverband Deutscher Zeitarbeitsunternehmen e.V.] and operates in accordance with the iGZ-DGB rate structure agreement [iGZ-DGB-Tarifwerk] for the German temporary employment sector.
- These PayLohn GmbH Terms and Conditions, edition: December 2014, replace all previous Terms and Conditions. Any provisions contradictory to the Terms and Conditions contained herein shall be deemed null and void by PayLohn GmbH.
- The term of notice of contracts, ic agreements, amounts to 5 [five] days to the weekend, if no other term has been explicitly agreed upon in writing. Termination notification must always be in writing.
- All contractual agreements shall be governed solely by the law of the Federal Republic of Germany.
- If any provision or part of any provision of these Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
- The place of fulfillment and jurisdiction for all mutual contractual and post-contractual claims is Kaufbeuren.
- By concluding a temporary employment contract no contractual relationship between DAXXA Germany GmbH employees and Hirer will be established.
- As temporary employment recruiting agency, PayLohn GmbH expressly states that all current social benefits for temporary employees provided by PayLohn GmbH to Hirer are and will be duly paid.
- All temporary employees provided by PayLohn GmbH are accident-insured with the VBG Administrative Professional Association [VBG Verwaltungs-Berufsgenossenschaft]. Hirer is legally required to report any accident in accordance with § 193 SGB VII.
- Temporary employees must comply with the working hours of Hirer and execute tasks assigned to them tidily, conscientiously and cleanly in compliance with all applicable legislation. Hirer must fulfill all obligations under the German Occupational Safety and Health Law.
- Temporary employees are subject to confidentiality concerning their salary and all business transactions with Hirer.
- Implementation of first aid measures with Hirer must be guaranteed.
- Hirer is not entitled to any payments (advances, etc.) to temporary employees, as this remains the sole responsibility of PayLohn GmbH. No liability for any payments to temporary employees will be accepted and any financial settlement is rejected.
- Hirer is obliged to observe legal working time regulations, in particular compliance with maximum working hours.
- As the temporary employee is working under the supervision and direction of Hirer, PayLohn GmbH will not be liable for any damages. Same applies to an intentional action, whenever permitted by law. Hirer exempts PayLohn GmbH from any third party claims which may arise in connection with the execution and performance of activities assigned to temporary employees.
- In case of sickness temporary employees may be replaced by PayLohn GmbH. There is no obligation to do so.
- 11. In exceptional circumstances, PayLohn GmbH may resign or defer from an order or a contract. This also includes circumstances of difficult or impossible working conditions (eg by a possibly objection of Hirer’s Board or a strike at Hirer’s company) or non-payment of bills by Hirer. Temporary staff may be withdrawn without notice. Any compensation can not be inferred.
- 12. According to § 12 AÜG any agreement between Hirer and PayLohn GmbH must be in writing. This also applies to collateral agreements. By signing the temporary employment contract (AÜV), PayLohn GmbH conditions will be deemed accepted, even if not expressly confirmed by Hirer, and even in the case different terms will be asserted.
- Billing rates are valid plus agreed allowances (eg overtime, night work, Sundays and public holidays, shift work), where applicable material supplies, supply of tools or additional expenses for external assignment of a temporary employee.
- In principle, bills are due on a weekly basis based on records signed by Hirer. Hirer is obliged to submit a list of hours worked the previous week at the beginning of each week. If Hirer does not fulfill this obligation and is responsible for this omission, employee records shall be deemed approved; this does not apply in case Hirer provides reasoned objections to the performance record of working hours and the accuracy of the information provided by employee within one week after receipt of the invoice and in writing, thereby presenting his own records.
- The invoice amount is due upon receipt of invoice and must be paid without any deduction within the period specified on the invoice. Hirer may offset in accordance with statutory provisions against demands included in the contract. Additional receivables of Hirer can only be offset in case they are undisputed, legally established and/or ready for decision.
- PayLohn GmbH reserves the right to increase its billing rates in the case collective tariff wages should increase after conclusion of this agreement or in case a temporary employee is engaged in employment corresponding to a superior tariff classification.
- Hirer is obliged to inform PayLohn GmbH in advance and in writing of any not expressly agreed assignment abroad and prior to crossing borders of the temporary employee. Hirer is fully liable for consequences of a previously unagreed assignment abroad and is also obliged to exempt DAXXA Germany GmbH from any claims by third parties arising out of the infringement of this duty.
- Hirer assures to not employ PayLohn GmbH employees in a construction company in terms of §§ 211 ff SGB III in conjunction with the German construction companies regulation [Baubetriebe-VO] (incl. asbestos removal), nor to carry out mainly construction services, nor to employ PayLohn GmbH employees only occasionally or temporarily in a construction management division according to the German construction companies regulation [Baubetriebe-VO] (incl. asbestos removal) in order to deal with work usually performed by work(wo-)men.
Recruitment Following Previous Temporary Employment
In case Hirer enters into an employment relationship or agreement with a PayLohn GmbH employee during the temporary work contract term or within a period of 6 [six] months after termination of the temporary work term, a provision is to be paid to PayLohn GmbH. This applies regardless of whether the employment agreement is established at the initiative of Hirer or employee. Employment of PayLohn employee in a company legally or economically linked to Hirer will also be understood as a takeover.
The recruitment commission amounts to 200 [two hundred] hourly rates or 5 [five] weekly rates plus VAT. Should the temporary work duration be less than 6 [six] months, this commission is reduced by 1/6 [one sixth] per month in employment. This commission is immediately due for payment at the start of employment of the employee with Hirer, ic at the conclusion of the employment contract between employee and Hirer.
Recruitment Without Previous Temporary Employment
The commission due after sole recruitment, ie without previous employment, amounts to 12% [twelve per cent] of the gross annual salary plus VAT. Compensation is payable immediately after signing the employment contract by employee / applicant / freelancer, unless another written agreement has been expressly made. This also applies to companies legally or economically linked to Hirer. Recruitment shall be deemed accomplished as soon as a PayLohn GmbH has been presented to or becomes known to client.
Warranty and Liability
- Any employees recruited or provided have been checked by PayLohn GmbH according to their professional qualifications and assigned to Hirer solely for the execution of contractual or requested activities. Conversion or change to a non-contractual activity of the employee by Hirer constitutes a contractual amendment and must be reported immediately to PayLohn GmbH. A general liability of PayLohn GmbH does not exist. PayLohn GmbH shall be liable only for recruitment of an employee concerning incorrect selection with regard to activities as agreed. PayLohn GmbH will not be liable for any activities performed by recruited employees, other than the selection of the employee.
- Should Hirer not be satisfied with the work performance of a recruited employee, he may notify on the first day of employment. PayLohn GmbH is not liable nor responsible for a temporary employee’s performance. PayLohn GmbH will provide or recruit a replacement as much as possible and reasonable.
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