JOB POINT UG (limited liability)
1) Scope of these terms and conditions
The following terms and conditions are part of all ‑also future- offers, order confirmations and contracts of JOB POINT UG (haftungsbeschränkt) (hereinafter JOB POINT UG (haftungsbeschränkt) in the field of employee leasing. JOB POINT UG (haftungsbeschränkt) UG has the permission for commercial employee leasing according to AÜG §§ 1 and 2. The permission was granted on 22.05.2019 by the Federal Employment Agency in Kiel, Regional Directorate Saxony — Anhalt — Thuringia.
2) Offers / Conclusion of contract
1) We shall be bound by our offers if they are accepted within 4 weeks of the offer date.
2) According to § 12 AÜG, a written contract must be concluded between the customer (hirer) and JOB POINT UG (haftungsbeschränkt) for every order. Changes to the contract and additional agreements are only effective if they are made in writing and signed by both JOB POINT UG (haftungsbeschränkt) (hirer) and the customer.
3) Contracts must be in written form and become binding for JOB POINT UG (haftungsbeschränkt) only when a contract document signed by the customer is available at JOB POINT UG (haftungsbeschränkt).
3) Withdrawal / Exemption from Performance
3.1) JOB POINT UG (haftungsbeschränkt) can withdraw from the contract in whole or in part if and insofar as the provision of labor is permanently or temporarily impeded by extraordinary circumstances. Such extraordinary circumstances are in particular a labor dispute, no matter if in the customer’s company or at JOB POINT UG (haftungsbeschränkt), sovereign measures, etc. The right of withdrawal does not exist if JOB POINT UG (haftungsbeschränkt) is responsible for the extraordinary circumstances.
3.2) If the assigned employee does not start or continue his work or is absent for other reasons, JOB POINT UG (haftungsbeschränkt) has to be informed by the customer immediately. JOB POINT UG (haftungsbeschränkt) will make every effort to provide a substitute employee upon request of the customer. If this is not possible despite the efforts of JOB POINT UG (haftungsbeschränkt), JOB POINT UG (haftungsbeschränkt) will be released from the obligation to provide the employee for the times in which the employee is absent without excuse.
4) Contractual/employment relationship
JOB POINT UG (haftungsbeschränkt) is the employer of the seconded employee according to the German Personnel Leasing Act (Arbeitnehmerüberlassungsgesetz). JOB POINT UG (haftungsbeschränkt) declares that the conditions of one of the two exceptions mentioned in §§ 3 para. 1 No. 3 AÜG are met, namely: The collective agreements between the Interessenverband Deutscher Zeitarbeitsunternehmen ( iGZ e.V.) and the signatory member unions of the DGB (German Federation of Trade Unions) apply to the employment relationship between the lender and the employee to be transferred — in their respective current version. The employee was carefully selected by JOB POINT UG (haftungsbeschränkt) and checked for professional suitability. During the work assignment the employee is subject to the instructions of the customer. He is provided to the customer only for the execution of the commissioned activity and may therefore only use or operate those devices, machines, tools, etc., which are necessary for the execution of the activity.
Without the express permission of JOB POINT UG (haftungsbeschränkt), the seconded employee may not be assigned to transport, handle or collect money and other means of payment. JOB POINT UG (haftungsbeschränkt) as well as the assigned employee are obligated to maintain secrecy about all business matters of the customer.
The activity of the employee at the customer is subject to the public law regulations of the labor protection law applicable to the customer’s business; the resulting obligations for JOB POINT UG (haftungsbeschränkt) as employer are incumbent on the customer without prejudice to the obligations of JOB POINT UG (haftungsbeschränkt). The customer shall ensure that all accident prevention and occupational health and safety regulations applicable at the place of employment of the employee as well as the provisions of the Working Hours Act (ArbZG) are complied with and that first aid facilities and measures are guaranteed.
Insofar as the activity of the posted employee requires an occupational health examination, the customer shall conduct such an examination in consultation with JOB POINT UG (haftungsbeschränkt) prior to the start of the activity. The customer has to inform the employee about the workplace-specific dangers occurring during the activity to be performed as well as about the measures to avert them before the start of the employment.
If the posted employee is to be deployed at times or on days on which employment is only permissible with special official approval, the hirer must obtain this approval before employment at these times or on these days and notify JOB POINT UG (haftungsbeschränkt). In order to fulfill the employer’s duties, JOB POINT UG (haftungsbeschränkt) is granted access rights to the respective workplaces (place of activity) of the JOB POINT UG (haftungsbeschränkt) employees within the working hours and after prior consultation.
5) Accidents at work
JOB POINT UG (haftungsbeschränkt) has to be informed immediately in case of a possible work accident of delegated employees. According to § 193 SGB VII the customer is also obliged to report accidents to his insurance carrier.
6.1) If the customer is not satisfied with the performance of the assigned employee, he can reject the employee by written declaration to JOB POINT UG (haftungsbeschränkt) within 4 hours after the start of the assignment. In this case there will be no calculation.
6.2) The customer can reject the employee with immediate effect by written declaration to JOB POINT UG (haftungsbeschränkt) if there is a reason that would entitle the employer to an extraordinary termination (§ 626 BGB).
6.3) The rejection must be made in each case by written declaration to JOB POINT UG (haftungsbeschränkt) stating the reasons.
7.1) In cases of rejection according to item 6.1), JOB POINT UG (haftungsbeschränkt) is entitled to provide another professionally equivalent employee. However, JOB POINT UG (haftungsbeschränkt) is only obliged to do so if it had not properly selected the rejected employee.
7.2) If important organizational or legal reasons make it necessary, JOB POINT UG (haftungsbeschränkt) can assign the further completion of the order to another, professionally equivalent employee, taking into account the specific circumstances of the customer’s business and the customer’s wishes.
Unless expressly agreed otherwise, the prices stated shall apply without surcharges plus statutory value added tax. The basis for the calculation of the following surcharges is, unless otherwise agreed, the regular daily/weekly working time applicable in the customer’s company, but at least 35 hours per week (7 h /AT on 5 AT/week).
After completion of the 9th calendar month, the statutory and binding experience supplement IGZ/DGB 0.35 Euro per hour shall apply.
Travel expenses and allowances are only to be remunerated by separate agreement.
Overtime, shift work, night work, work on Saturdays, Sundays and public holidays shall thereafter be remunerated with the following surcharges:
a) Overtime from the 41st hour 25 %.
b) night work hours (22.00 — 06.00) 50%
c) Saturday surcharge 50
d) holiday hours 125 %
e) Sunday hours 100
f) Christmas Eve & New Year’s Eve from 12:00am 100%.
Further allowances require a special agreement. In the event of overtime, Sunday and holiday surcharges coinciding, only the higher surcharge shall be remunerated in each case.
JOB POINT UG (haftungsbeschränkt) reserves the right to increase prices appropriately if wage increases occur after the conclusion of the contract due to collective bargaining agreements or if circumstances for which JOB POINT UG (haftungsbeschränkt) is not responsible cause an increase in price. JOB POINT UG (haftungsbeschränkt) will notify the customer of intended price increases. The increase becomes effective two weeks after receipt of the notification by the customer. The customer is then entitled to terminate the contract within one week after receipt of the notification on the date of the price increase.
9) Billing / Payment / Default
9.1) The Customer undertakes to have the hours worked checked weekly by an authorized representative on the so-called hourly time sheet and confirmed by signature and company stamp. The Borrower undertakes to make the confirmed time sheets available to the Lender by Tuesday of the following week at the latest. If, for reasons for which the hirer is responsible, the time sheets are not provided to the lender or are not provided in time, the lender shall be entitled to invoice the contractually agreed regular working time of 35 hours until the time sheets have been provided in full.
If the time sheets cannot be presented to an authorized representative of the customer for signature at the place of employment, the JOB POINT UG (haftungsbeschränkt) employees are entitled to confirm instead.
9.2) Unless otherwise agreed, invoices shall be issued on a weekly basis and at the end of each calendar month based on the aforementioned activity records and billing rates agreed upon in the employee leasing contract.
9.2) Unless otherwise agreed, invoices shall be due immediately and payable without deduction. The seconded employee shall not be entitled to receive advances or other payments.
9.3) If the customer is in default of payment, JOB POINT UG (haftungsbeschränkt) is entitled to make all open — also deferred — invoices due immediately and to demand immediate settlement or securities from the hirer. JOB POINT UG (haftungsbeschränkt) is also entitled to this right if there is a significant deterioration in the financial circumstances of the customer.
9.4) If the customer is in default, a default damage according to § 288 BGB will be claimed. The customer reserves the right to prove a lesser damage.
10) Set-off / Retention
The customer is not entitled to offset or assert a right of retention against JOB POINT UG (haftungsbeschränkt), unless the counterclaim is undisputed or has been legally established by a court.
The customer is not entitled to transfer rights from contracts with JOB POINT UG (haftungsbeschränkt) to third parties.
12) Warranty / Liability
In view of the fact that seconded employees perform their work under the direction and supervision of the customer, JOB POINT UG (haftungsbeschränkt) is not liable for the execution of this work nor for damages caused by the employee in the course of or on the occasion of his work.
The customer indemnifies JOB POINT UG (haftungsbeschränkt) from all claims made by third parties in connection with the execution and performance of the activities assigned to the leased employee. The liability of JOB POINT UG (haftungsbeschränkt) for the careful selection of the leased employees remains unaffected by the above regulation.
For damages resulting from injury to life, body or health, JOB POINT UG (limited liability) is liable according to the legal regulations in case of own fault. JOB POINT UG (haftungsbeschränkt) is only liable for own fault in case of intent and gross negligence. Liability for slight/normal negligence is excluded. This applies to the liability for the careful selection of the employee as well as to all other cases (delay, impossibility, positive breach of contract, culpa in contrahendo, etc.). If JOB POINT UG (haftungsbeschränkt) violates an obligation from the employee leasing contract, the hirer has to explain and prove that the violation of obligation is the responsibility of JOB POINT UG (haftungsbeschränkt).
13.1) As far as the contract was not concluded for a limited period of time, it can be terminated by either party with a notice period of one week to the weekend.
13.2) If JOB POINT UG (haftungsbeschränkt) does not make use of its right to replace the temporary employee in the cases of item 6) (item 7.1), the contract can be terminated by both parties without notice.
13.3) JOB POINT UG (haftungsbeschränkt) is also entitled to terminate the contract without notice if the customer does not comply with a request according to clause 9.3) in case of default of payment or significant deterioration of his financial situation. The other claims of JOB POINT UG (haftungsbeschränkt) for damages etc. remain unaffected by this.
13.4) Any termination must be in writing. A termination by the customer is only effective if it is given to JOB POINT UG (haftungsbeschränkt). A notice of termination given only to the temporary worker is ineffective.
14) Taking over of employees and applicants
JOB POINT UG (haftungsbeschränkt) is also active as a recruitment agency. The hirer may conclude an independent employment contract with the employees provided to him/her for a period after the transfer. The employee can be taken over directly after the temporary assignment period and in compliance with the notice periods. In the case of a takeover, JOB POINT UG (haftungsbeschränkt) receives an agency fee from the hirer, which is calculated on the basis of the gross monthly salary that the hired JOB POINT UG (haftungsbeschränkt) employee receives from the hirer and amounts to 2 gross monthly salaries in the case of a takeover until the end of the 3rd month. From the 4th to the end of the 6th month 1.5 gross monthly salaries, from the 7th to the end of the 9th month 1 gross monthly salary and from the 10th to the end of the 12th month 0.5 gross monthly salary.
If a candidate presented to the hirer is hired without prior assignment within a period of eight months, a placement fee in the amount of 28% of the future annual gross salary is due to the hirer, unless the hiring is not based on the presentation of the job seeker.
The client is obligated to inform JOB POINT UG (haftungsbeschränkt) in writing via e‑mail of the gross monthly/annual gross salary agreed upon with the employee.
If the client does not transmit the amount of the gross monthly/annual gross salary within three weeks after request, the hourly rate from the intended employee as well as the resulting customer monthly turnover is taken over for the calculation.
15) Place of Jurisdiction
Insofar as the hirer is a fully qualified merchant, the exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship as well as its origin and effectiveness, also in bill of exchange, check and document proceedings between JOB POINT UG (haftungsbeschränkt) and the hirer is — Dessau.
16) Partial invalidity
Should parts of these terms and conditions become invalid, the validity of the remaining points shall remain unaffected. An invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the purpose of the invalid provision.