General Terms and Conditions (GTC): Recruitment without prior supply of temporary staff
As at: 04/03/2024
1. Scope and subject matter of the contract
1.1
The following terms and conditions of persona part Personaldienstleistungen GmbH (hereinafter referred to as "persona part") apply to all business relationships, including future business relationships, in the field of recruitment between persona part
and the client for the purpose of placing an employee on behalf of the client, unless
other provisions have been agreed.
1.2
As soon as persona part has provided the client with a CV or profile that discloses the identity of a candidate, this candidate shall be deemed to have been "proposed" by persona part within the meaning of the provisions of these GTC.
1.3
If a candidate proposed by persona part has already
applied to the client independently of the search order placed with persona part or if his/her CV or profile has already been proposed to the client elsewhere, the client is obliged to notify persona part of this
immediately in writing or by email in text form; otherwise persona part is entitled to a fee in accordance with section 2 of these GTC if a contract is concluded between the client and this candidate.
1.4
The client undertakes to reimburse the travel costs or necessary flight costs incurred by the candidate for travelling to job interviews
in the amount of the second-class fare applicable when using public transport. In the case of travelling by car, the Client shall reimburse the amount in accordance with the applicable tax regulations on the reimbursement of costs for the use of private vehicles for business trips.
2. Remuneration, costs, terms of payment
2.1
persona part shall receive a performance-related fee from the Client if a service or employment contract is concluded between the candidate presented by persona part and the Client or a company legally or economically affiliated with the Client within 12 months of the candidate profile being submitted.
2.2
In this case, persona part shall be entitled to payment of a placement fee amounting to 30% of the gross annual salary of the candidate placed. The statutory value added tax is to be paid in addition. Deviating written agreements on the amount of the placement fee shall take precedence over this provision.
2.3
Gross annual salary is understood to mean the total remuneration to which the applicant is contractually entitled with the client, in particular voluntary allowances,
gratuities, bonuses, 13th/14th monthly salaries and non-cash benefits from benefits in kind. The placement fee is due for payment without deduction on the date of the
signing of the contract between the applicant and the client or, in the absence of a written contract, when the applicant starts working for the client. Invoices from persona part shall be paid immediately upon delivery of the invoice without deduction.
2.4
The client is obliged to inform persona part of the conclusion of the service or employment contract immediately, but at the latest within one week of
the conclusion of the contract and, at the request of persona part, to provide information in text form at any time about the time of the conclusion of the
service or employment contract or the commencement of the activity and the amount and the remuneration.
3. General agreements
3.1
persona part assumes no liability for direct and indirect damages in connection with the placement service. Furthermore,
persona part assumes no liability for the suitability of the applicant. Upon conclusion of the employment relationship or upon commencement of work, the client bears sole
responsibility for the selection of the applicant.
3.2
The General Terms and Conditions "Placement Contract without Prior Temporary Employment" apply in their current version. These are
available to the client at any time in the download section of the persona part homepage.
4. Final provisions
4.1
The client is not entitled to offset claims against persona part or to assert a right of retention unless the
counterclaim is undisputed or has been legally established.
4.2
Oral collateral agreements, supplements or amendments to the contract shall require written confirmation by persona part to be effective.
4.3
The invalidity of individual provisions of the contract shall not affect the validity of the remaining provisions. The parties shall replace the ineffective provisions with effective agreements that achieve the economic purpose of the ineffective provisions or come as close as possible to it.
4.4
The place of jurisdiction in relation to clients who are registered traders is Landau in der Pfalz. For clients who are not registered traders,
Landau in der Pfalz is expressly agreed for the dunning procedure.