General Terms and Conditions

1. scope of application; offers; written form

1.1 For the contractual relationship between the hirer (hereinafter referred to as the Customer) and the temporary employment agency (hereinafter referred to as ZAG) regarding the hiring out of temporary workers (hereinafter referred to as Temporary Workers) and for offers from ZAG aimed at the conclusion of such a contractual relationship, the following terms and conditions (GTC) and the terms and conditions of the respective employee leasing and personnel placement contract shall apply on the basis of the German Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, AÜG). The inclusion of the customer's general terms and conditions is expressly rejected. These GTC shall also apply to all subsequent transactions, even if no further reference was made to them when they were concluded.

1.2 Offers from ZAG are always subject to change and non-binding. All employee leasing and personnel placement contracts must be in writing to be legally effective in accordance with § 12 Para. 1 Sentence 1 AÜG, § 126 Para. 2 BGB, in particular signed in writing by ZAG and the customer. This also applies to ancillary agreements, amendments or additions to the temporary employment and personnel placement contract, regardless of whether these relate to the main or ancillary obligations of the parties. If such agreements are made with the temporary worker, they shall not be effective without ZAG's consent in this written form.

2. duration of the contract; termination of the employee leasing contract

2.1 Unless otherwise stipulated in the temporary employment and personnel placement contract, it is concluded for an indefinite period. If a temporary worker continues to work for the Client without interruption beyond the termination date specified in the temporary employment and personnel placement contract, the assignment shall be deemed to have been extended by mutual agreement under the conditions specified in the temporary employment and personnel placement contract and these GTC up to the statutory maximum duration of the assignment.

2.2 Both parties are entitled to terminate the temporary employment contract with one week's notice to the end of a calendar week. If the customer terminates the assignment of the temporary worker before the expiry of the notice period specified in sentence 1, the customer shall be obliged to pay the hourly rate including any surcharges, allowances and other agreed remuneration.
to pay reimbursement of expenses to ZAG for each hour of work not accepted by the end of the notice period specified in sentence 1 (cancellation fee).

2.3 The right of both parties to terminate the employee leasing and recruitment contract for good cause at any time and without notice remains unaffected. Such good cause for termination without notice by ZAG exists in particular if the customer

1. suspends its payments or an application is made to open judicial or extrajudicial insolvency proceedings for the customer
2. is in arrears with the fulfilment of his obligations to ZAG arising from the employee leasing and personnel placement contract or another contractual relationship and he fails to pay within a reasonable period of four weeks,
3. does not fulfil its obligations to ensure adequate occupational safety for the temporary worker.

2.4 Termination of the temporary employment and personnel placement contract, for whatever reason, must be in writing and can only be effectively given to ZAG. Any notice of termination given to the temporary worker shall be invalid.

3. remuneration; right of retention; set-off; assignment

3.1 ZAG shall be entitled to charge remuneration for each hour worked by the temporary employee in the amount of the hourly rate agreed in the temporary employment and personnel placement contract plus any surcharges, allowances, travelling expenses, etc. The extent to which such allowances, travelling expenses, etc. are to be paid by the Customer shall be determined by the agreements made in the temporary employment and personnel placement contract. The extent to which such allowances, travelling expenses, etc. are to be paid by the customer is determined by the agreements made in the employee leasing and personnel placement contract. The amount of remuneration to be paid by the customer to ZAG for the assignment of the temporary worker is based exclusively on the agreements made in the temporary employment and personnel placement contract and is independent of the agreement between ZAG and the temporary worker. The basis for calculating the travelling time, the allowance and the travel allowance is the distance between the respective branch office of ZAG and the agreed place of assignment, not the temporary worker's home. The address of the respective branch office of the respective ZAG and in particular the place of assignment agreed in clause 1 can be found in the employee leasing and personnel placement contract.

3.2 Supplements for overtime are due for hours that exceed the weekly working hours agreed in the employee leasing and personnel placement contract. As a general rule, regardless of the weekly working hours agreed in the employee leasing and personnel placement contract, overtime surcharges are calculated for hours that exceed eight working hours per working day. The following surcharges are calculated for such overtime hours:

• up to the 45th hour of overtime per week 25 %
• From the 46th hour of overtime per week 50 %

The following other surcharges are calculated by ZAG:

• Saturday surcharge 50 %
• Sunday surcharge 100 %
• Supplement for work after 2.00 p.m. on Christmas Eve and New Year's Eve 100 %
• Public holiday surcharge 150 %
• Late labour surcharge 15 %
• Night work supplement 25 %
• Shift supplement 15 %

A one-off employee-related service fee of EUR 15.00 plus VAT at the statutory rate within the scope of the realised assignment (initial placement of the temporary employee). An initial assignment is always deemed to have taken place if the temporary worker is assigned for the first time or if there is an interruption of more than three months between the assignment periods. Hardship allowances/dirt allowances in accordance with the conditions applicable to comparable employees in the respective client company. Sunday and public holiday work is work performed on Sundays and public holidays between midnight and midnight. Late work is work performed between 14:00 and 22:00, provided that the regular working time ends after 17:00. Night work is work performed between 10.00 pm and 6.00 am. Shift work is defined as work performed regularly in alternating shifts. If several supplements are paid at the same time, only the highest supplement is payable. The bonuses are calculated on the basis of the hourly rate applicable at the time of the hour worked.

3.3 The collective labour agreements concluded between the employers' association GVP e.V. and the member unions of the DGB shall apply to the employment relationship between ZAG and the temporary worker. Insofar as, after conclusion of the respective employee leasing and personnel placement contract, a higher remuneration or higher reimbursement of expenses is to be paid to the temporary worker assigned to the customer than was agreed with this temporary worker at the time of conclusion of the respective employee leasing and personnel placement contract, because

1. an increase in the collectively agreed remuneration (including Christmas or holiday pay, other special remuneration, supplements or allowances) to which the temporary worker is entitled in accordance with the collective agreements referred to in Section 3.3, or collectively agreed expense allowances, or
2. an increase in collectively agreed remuneration (including Christmas or holiday pay, other special remuneration, supplements or allowances) or collectively agreed compensation for expenses occurs due to a change in the collective agreements applicable to the employment relationship as a result of ZAG, or
3. a statutory minimum wage or a generally binding wage floor or a generally binding collective labour agreement applies to the employment relationship of the temporary worker and(1.) this statutory minimum wage, this wage floor or this collective labour agreement only came into force after the conclusion of the respective temporary employment and personnel placement contract or the applicability of this statutory minimum wage, this wage floor or this collective labour agreement (2.) was not recognisable to ZAG according to the information provided by the customer to ZAG in this respect or (3.) is due to the fact that the actual circumstances communicated by the customer in the assignment did not change. (2.) was not recognisable for ZAG according to the information provided by the customer to ZAG in this respect or (3.) is due to the fact that the actual circumstances in the customer's assignment operation communicated by the customer have changed or (4.) the customer employs the temporary worker with activities other than those agreed in the temporary employment and personnel placement contract, or
4. industry surcharges or higher industry surcharges are to be paid to the temporary worker for the first time than calculated by ZAG when the respective employee leasing and personnel placement contract was concluded, and (1.) the underlying industry surcharge collective agreement only came into force after the conclusion of the respective employee leasing and personnel placement contract or the applicability of this industry surcharge collective agreement (2.) was not recognisable for ZAG according to the information provided by the customer to ZAG in this respect, or (3.) is due to the fact that the actual circumstances in the customer's deployment company communicated by the customer to ZAG have changed, or
5. the statutory principle of "equal pay" (remuneration) pursuant to Section 8 AÜG applies and the temporary worker is entitled to higher remuneration and/or benefits in kind than calculated by ZAG upon conclusion of the respective employee leasing and personnel placement contract, and (1.) the information provided by the customer to ZAG on the remuneration of a comparable employee in the customer's organisation deviates from the remuneration to be granted to the temporary worker in accordance with Section 8 AÜG (equal pay) or (2.) a change in the remuneration of a comparable employee in the customer's organisation in accordance with Section 8 AÜG was not reported
6. the statutory principle of "equal treatment" (essential working conditions including remuneration) pursuant to Section 8 AÜG applies and the temporary worker is entitled to higher remuneration and/or reimbursement of expenses than agreed with ZAG upon conclusion of the temporary employment and personnel placement contract, ZAG shall be entitled to retroactively increase the hourly rate agreed with the customer or any agreed reimbursement of expenses for the period from the date on which the respective higher remuneration entitlement or the higher entitlement to reimbursement of expenses arises. ZAG is entitled to increase the hourly billing rate agreed with the customer or any agreed reimbursement of expenses in accordance with the original calculation of the hourly billing rate agreed with the customer. It should be noted that 90 % of the hourly rate is calculated solely on the basis of the temporary worker's remuneration, while 5 % of the hourly rate is based solely on the reimbursement of expenses payable to the temporary worker. The customer reserves the right to prove that the aforementioned circumstances lead to no or only a smaller increase in the wage and/or non-wage labour costs incurred by ZAG. If applicable, ZAG is only authorised to include the correspondingly increased wage and ancillary wage costs in its original calculation and to demand a higher billing rate calculated in this way.

3.4 If ZAG has to pay fines or penalties in a case pursuant to Clause 3.3 (c) (2.) to (4.) or (d) (2.) to (3.) for periods prior to the date on which the customer notified ZAG of the relevant operational circumstances or any change of activity of the employee, the customer is obliged to indemnify ZAG against these payment obligations.

3.5 The hours worked by the Temporary Worker shall be invoiced to the Customer on the basis of the time sheets kept by the Temporary Worker. ZAG's temporary workers shall submit the respective time sheets to the customer on a weekly basis. This must be checked and signed by an authorised representative of the customer. The customer agrees to the use of electronic time recording as an alternative to keeping time sheets. In principle, regardless of the method chosen for recording and invoicing the hours worked by the temporary workers provided, the accuracy of the hours invoiced shall be automatically confirmed by the customer unless the customer notifies ZAG of a correction within a period of 2 weeks from the invoice date. ZAG shall expressly draw the customer's attention to the possibility of correction and the consequences of his actions with each invoice.

3.6 The remuneration shall be invoiced by ZAG on a weekly basis. Unless expressly agreed otherwise, invoices shall be issued electronically by e-mail. The invoice amount is due for payment upon receipt of the invoice and must be paid without deduction. If the customer does not make payment in response to the respective invoice, he shall be in default of payment seven days after receipt of this invoice, without the need for a reminder.

3.7 A payment is only deemed to have been made when ZAG can dispose of the amount. The Customer undertakes not to make any direct payments to the Temporary Worker; in the event of a direct payment to the Temporary Worker, the Customer shall not be released from its payment obligation to ZAG as a result.

3.8 The assertion of a right of retention against ZAG's remuneration claims and offsetting against counterclaims is only permitted if the counterclaims on which the right of retention is based or the offset counterclaims are undisputed or have been legally established. The assignment of existing claims against ZAG is only permitted if ZAG has given its prior written consent.

4. agency fee

4.1 If the customer or a company affiliated with the customer in accordance with Section 15 AktG concludes an employment contract with a temporary worker previously assigned to the customer by ZAG during the assignment or within 6 months after the end of this assignment, the temporary worker shall be deemed to have been placed by ZAG, unless the customer can prove that ZAG did not cause the establishment of the employment relationship with the temporary worker. The same applies if the customer or a company affiliated with the customer in accordance with Section 15 of the German Stock Corporation Act (AktG) hires the temporary worker before the first assignment and ZAG has previously submitted an offer to the customer to assign this temporary worker.

4.2 ZAG is entitled to a placement fee for a placement in accordance with Section 4.1. This placement fee depends on the type, scope of services and degree of difficulty and is generally agreed individually in the respective employee leasing and recruitment contract.

4.3 If the takeover takes place before the first assignment or if there is no individual agreement, the agency fee to which ZAG is entitled shall be calculated on the basis of the hourly rate agreed in the context of the temporary employment and shall amount to 240 times this rate. The agency fee shall be reduced by 1/12 for each full month of the immediately preceding uninterrupted assignment to the customer.

4.4 However, the placement fee calculated in accordance with clause 4.3 shall not exceed 2.5 times the future gross monthly income of the employee placed. The decisive factor here is the average gross monthly income, taking into account any additional benefits (e.g. bonuses, Christmas bonuses, commissions, holiday pay, profit-sharing, non-cash benefits from the use of company cars, etc.). The duration of the employment relationship is irrelevant.

4.5 The customer is at liberty to prove that 2.5 times the future gross monthly income in accordance with clause 4.4 is less than the placement fee determined in accordance with clause 4.3. For this purpose, the customer may send the agreement concluded with the employee to ZAG after the conclusion of the employment contract. The excerpts of this agreement sent to ZAG must show the salary components and all benefits specified in Section 4.4, as well as the valid signatures of the contracting parties.

4.6 The customer is at liberty to prove that the cost of recruiting an employee comparable to the temporary employee taken on is lower. In this case, the placement fee shall be at least the amount corresponding to the cost of recruiting a comparable temporary employee.

4.7 In the case of a personnel placement without prior assignment, the placement fee shall amount to three times the future gross monthly income of the employee placed in accordance with clause 4.4.

4.8 The placement fee is due at the latest upon conclusion of the employment contract between the placed employee and the client.

5 Rights and obligations of the contracting parties

5.1 The Client is authorised and obliged to accept the work of the Temporary Worker during the agreed contractual period and to the agreed extent. Unless otherwise agreed in the employee leasing and personnel placement contract, a weekly calendar working time of the temporary worker of 40.00 hours and a daily calendar working time of 8.00 hours shall be deemed agreed. If the customer is in default with the acceptance of the temporary employee's work performance in whole or in part or if he violates other obligations to co-operate, ZAG is entitled to demand compensation for the damage incurred by ZAG, including any additional expenses, in addition to the remuneration for the hours not accepted by the temporary employee. ZAG is not obliged to take into account what ZAG acquires or maliciously fails to acquire through the other utilisation of the temporary employee's work performance.

5.2 The customer is authorised to give the temporary worker activity-related instructions within the scope of the agreed activity and to monitor compliance with these instructions. The right to issue instructions under labour law or to grant the temporary worker holidays or paid/unpaid time off is reserved exclusively to ZAG. A contractual relationship between the temporary worker and the customer does not arise.

5.3 The type and scope of the activity to be performed and the timing of this activity must be agreed exclusively with ZAG. The customer may only commission the temporary worker with activities that are specified in the employee leasing and personnel placement contract. Only such machines, tools and other equipment may be issued to the temporary worker as are necessary for the performance of these activities and comply with the applicable regulations on occupational safety. The temporary worker may not be entrusted with the handling of money, securities or other valuables if this has not been expressly agreed in the respective employee leasing and personnel placement contract.

5.4 The place of assignment specified in the employee leasing and personnel placement contract is the basis for calculating the hourly rate as well as any allowances, a travelling allowance or other reimbursement of expenses. If the customer changes this place of assignment and this results in higher expenses for ZAG or the temporary worker, ZAG shall be entitled to increase the hourly rate accordingly or to demand reimbursement of the increased expenses in the form of an allowance, a travelling allowance or other reimbursement of expenses.

5.5 ZAG is entitled to recall a temporary employee at any time and, if necessary, to replace him with another temporary employee who has the qualifications required for the assignment with the customer.

5.6 The customer shall inform ZAG immediately if, in accordance with the German Temporary Employment Act (Arbeitnehmerüberlassungs- und
a temporary worker with whom the client has had an employment relationship in the last six months prior to the start of the assignment is to be or is being assigned. The obligation to provide information pursuant to sentence 1 also applies if the temporary worker was employed by a company that forms a group with the client within the meaning of Section 18 AktG in the six months prior to the start of the assignment. If an employment relationship existed with the customer or a company forming a group with the customer within the meaning of Section 18 AktG in the last six months prior to the start of the assignment, the customer shall inform ZAG immediately of the essential working and remuneration conditions of a comparable employee of the customer in accordance with Section 9 No. 2 AÜG.

5.7 In the same way, the customer shall inform ZAG immediately if, in accordance with the employee leasing and personnel placement contract, a temporary worker is to be or is being leased to him who has already been employed by another temporary employment agency in the company of assignment in the last four months before the start of the lease by ZAG.

5.8 The Temporary Worker may not be deployed by the Customer in a company that belongs to the construction industry within the meaning of the definitions of Section 1b AÜG for activities that are usually performed by labourers. If the temporary worker is nevertheless deployed in this way, the customer shall be liable to ZAG for any damage and expenses incurred as a result.

6. duty of care of the customer; occupational safety

6.1 The Customer undertakes to comply with the duties of care and protective measures towards the Temporary Worker arising from Section 618 BGB.
This also includes compliance with the Working Hours Act, the monitoring of which is the sole responsibility of the customer. If necessary, the customer undertakes to obtain authorisation from the competent supervisory authority if the temporary worker is to be employed on a Sunday or public holiday or in any other way beyond the working hours permitted under the Working Hours Act.

6.2 The Customer shall authorise the Temporary Worker to use its social facilities and services to the same extent as its employees can use them and shall notify ZAG as soon as the Temporary Worker is granted benefits of monetary value.

6.3 The Customer is advised that the Temporary Worker is subject to the public law provisions of occupational health and safety law applicable to the Customer's company during his assignment; the resulting employer obligations are incumbent on the Customer during the assignment in accordance with Section 11 (6) AÜG; the Temporary Worker is organisationally integrated into the Customer's company. He is therefore entitled to utilise all of the client's operational facilities for occupational safety. The client undertakes to ensure organisationally that the temporary worker can use these company facilities without hindrance. In accordance with Section 11 (6) AÜG, the customer must inform the temporary worker before the start of his work and in the event of changes in his work area of any risks to health and safety to which he may be exposed during his work, as well as of the measures and facilities to avert these risks.

6.4 The personal protective equipment required for the respective activity performed by the temporary worker, which goes beyond a hard hat, safety shoes and work gloves, shall be provided by the customer free of charge, insofar as this is necessary for the respective workplace. First aid facilities and measures as well as any health checks shall be provided exclusively by the customer. Furthermore, only the customer shall provide free of charge any tools or other work equipment required for the temporary employee's work. If this is done, the customer shall be solely responsible for the proper return of these items by the temporary worker.

6.5 The Customer undertakes to notify ZAG immediately in writing of any work or commuting accident suffered by the temporary employee and to send ZAG a detailed written accident report within three working days of first becoming aware of the accident, which fulfils the requirements of Section 193 SGB VII. In the same way, the customer is obliged to report the accident at work or on the way to work immediately to his employers' liability insurance association in accordance with § 193 SGB VII. The customer shall also send a copy of the accident report to the professional association responsible for ZAG within the same period without being requested to do so and shall provide ZAG with all information required to clarify the accident at work or on the way to work. At the request of the temporary employee, a copy of the accident report must also be handed over to the temporary employee.

6.6 The customer shall inform ZAG before the start of the temporary employee's work about all essential characteristics of this work, such as the qualifications required for the performance of the work, the required protective equipment and a required health examination. The customer shall grant ZAG and ZAG's authorised representatives the right to visit the temporary worker's workplace during the temporary worker's working hours and in consultation with the customer in order to fulfil the employer's obligations.

6.7 If the temporary worker refuses to work in the customer's company due to inadequate safety equipment or insufficient instruction in occupational safety, the customer must pay ZAG the remuneration for the resulting downtime; however, at most for the period up to the expiry of the ordinary notice period applicable to the respective assignment.

7. confidentiality; data protection; Equal Treatment Act

7.1 The temporary employees have committed themselves to ZAG - to the extent permitted by labour law - to maintain confidentiality regarding all business matters of the customer.

7.2 ZAG points out that all data necessary for the execution of the employee leasing and personnel placement contract will be computerised and passed on within the framework of the execution of this contract. For its part, the customer undertakes to store and process any data of the temporary employee of which it becomes aware in compliance with data protection regulations.

7.3 The customer assures that the temporary workers provided by ZAG are not disadvantaged in the performance of their work in accordance with Section 7 AGG. In the event of discrimination, ZAG shall be released from the obligation to provide temporary workers.

8 Liability; warranty; default; cancellation of the contract

8.1 During the assignment, the temporary worker shall carry out his work exclusively under the direction and supervision of the customer. ZAG is therefore not liable for any damage caused by the temporary worker in the course of or in connection with his work. In particular, ZAG is not liable for the work results of the temporary worker.

8.2 ZAG shall only be liable for the provision and proper selection of a suitable and qualified temporary employee for the job (selection liability). ZAG shall only be liable in cases of intent or gross negligence. Liability for slight/normal negligence is excluded. ZAG's liability is limited to the foreseeable damage typical for the contract. If the temporary employee is entrusted with activities not agreed in the employee leasing contract, ZAG's liability is excluded. If the leased employee is entrusted with money matters in accordance with the contract, in which the employee comes into direct or indirect contact with sums of money (e.g. cashier activities, money transport, etc.), ZAG shall only be liable, even in the event of established negligence, if the customer has sufficient security precautions in place. These limitations of liability do not apply if essential contractual obligations or life, body or health are injured. In this case, ZAG shall be liable without limitation.

8.3 The customer must check the temporary worker immediately after commencing work to determine whether he is suitable for the work to be performed. If the customer does not consider the professional qualifications of the temporary worker to be sufficient for the work to be carried out by the temporary worker, ZAG must be informed immediately, but at the latest within four hours of the temporary worker starting work. In this case, ZAG will provide a replacement within the scope of its possibilities. If this is not possible, the customer may terminate the temporary employment and personnel placement contract with immediate effect. If a timely complaint in accordance with sentence 2 is not made, the customer can no longer subsequently claim that the professional qualifications of the temporary employee provided are insufficient for the activity specified in the employee leasing and personnel placement contract.

8.4 By selecting a temporary worker to be provided to the customer for the fulfilment of an employee leasing and personnel placement contract, ZAG's contractual obligation under the respective employee leasing and personnel placement contract is concretised to the assignment of only this temporary worker. If this temporary worker does not take up his work or does not continue it, ZAG shall endeavour to provide a replacement. However, if this is not possible, ZAG shall be released from its obligation to provide a replacement. In this case, ZAG shall immediately inform the customer of the unavailability and immediately refund any advance payments made by the customer. In the cases of sentence 2, ZAG shall only be liable for any damage caused by this if ZAG is responsible for the non-commencement or cessation of the activity. ZAG shall not be responsible for circumstances due to force majeure and due to events that make the assignment of a suitable temporary employee permanently or temporarily significantly more difficult or impossible for ZAG - this includes in particular strikes, lockouts, illness, epidemics, official orders - even in the case of bindingly agreed deadlines and dates. They authorise ZAG to postpone the assignment for the duration of the hindrance plus a reasonable start-up time or to withdraw from the employee assignment and personnel placement contract in whole or in part due to the part not yet fulfilled.

8.5 If the customer rejects the temporary worker assigned to him by ZAG and ZAG does not have an equivalent replacement available, ZAG is entitled to withdraw from the respective employee leasing and personnel placement contract by immediate declaration to the customer. The same shall apply if the temporary worker named in the temporary employment and personnel placement contract is unable to take up work at ZAG for another reason or has to terminate his employment at a later date.

8.6 A change in the burden of proof to the detriment of the customer is not associated with the above provisions of Clause 8.

9 Place of fulfilment; place of jurisdiction; applicable law

9.1 The place of fulfilment for all services of the parties is the registered office of the respective branch of ZAG.

9.2 If the customer is a merchant pursuant to Section 38 (1) ZPO, the exclusive place of jurisdiction for all mutual claims and liabilities arising from the business relationship with the customer, including any bills of exchange and cheque claims as well as for disputes concerning the creation and validity of the contractual relationship, shall be the local or regional court responsible for Hanover; statutory provisions on a different exclusive place of jurisdiction shall remain unaffected. ZAG is also entitled to sue the customer at his general place of jurisdiction.

9.3 The contractual relationship existing between the customer and ZAG and all other legal relationships existing between these parties shall be governed exclusively by the law of the Federal Republic of Germany. Insofar as this is required by mandatory law of the European Union, these provisions shall also apply.

9.4 Should individual provisions of the employee leasing and recruitment contract be or become ineffective, or should the employee leasing and recruitment contract contain a loophole, this shall not affect the validity of the contract.
the validity of the remaining provisions of the employee leasing and recruitment contract shall remain unaffected. In this case, the parties shall replace the invalid provision with a provision that comes as close as possible to the purpose of the original provision. A loophole shall be filled by a supplementary provision of the parties which corresponds as closely as possible to the purpose of the employee leasing and recruitment contract.