JOB POINT UG (limited liability)

Status 01.06.2019

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) Rejection 

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) Repla­ce­ment 

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.

8) Remu­ne­ra­ti­on 

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.

11) Assign­ment 

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) Ter­mi­na­ti­on 

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.