General Terms and Conditions Recruitment
General information
These General Terms and Conditions for Recruitment Services of globe personal services GmbH (hereinafter referred to as globe) with its registered office at Walcherstraße 2a / Floor 10, Top 2, 1020 Vienna are an integral part of all recruitment and consulting services between globe and the client (hereinafter referred to as the client), even if the client does not expressly agree to them. If individual points of these GTC become ineffective due to a change in legal regulations, they shall be amended in such a way that they correspond as closely as possible to the meaning of the point to be replaced. All other points not affected by an amendment shall remain unaffected. Amendments to these GTC or additional agreements must be made in writing. Any deviations from these GTC in a specific offer shall be deemed a special agreement and shall not affect any other points of these GTC.
Warranty/replacement
For standard personnel placements, globe provides a replacement guarantee in the form of replacement placements. This means that if the employment relationship with a candidate proposed by globe and employed by the client in a permanent employment relationship is terminated within one month of the decision in favor of the candidate, for whatever reason, globe will fill this position once without charging any further fees. Only the conditions and replacement guarantees offered in promotional recruitment agencies apply. If an employee is employed in an employment relationship or another form of employment without informing Globe, there is no entitlement to compensation.
Advertisement placement
Recruitment advertisements requested by the client or recommended to him by globe in the course of the recruitment process will be invoiced plus duties and taxes and must be paid within 7 days of the invoice date without deduction, irrespective of any recruitment agency.
Fee
The fee calculation is based on the regular and irregular remuneration (gross monthly remuneration (GME), special payments, allowances, bonuses, commissions, balance sheet funds, etc.) paid to the employee over a period of twelve months (for positions without experience values, an assumption of expected remuneration is made jointly). This annual gross income is multiplied by the percentage stated in the relevant offer. The basis for the BMG is the employment contract and any written and/or verbal additional agreements with the employee. If an employee is employed by the client in an employment relationship or another form of employment within one year without informing globe, the gross monthly salary of the employee proposed to the client shall be used as the basis for the calculation mode and fee rate of a standard recruitment agency.
Invoicing/payment/due date
Standard recruitment services are invoiced in three equal installments, whereby the first installment is paid upon assignment, the second installment upon notification of the decision for an employee and the third installment upon the employee's start of work. If the decision for an employee and the employee's start of work are less than ten days apart, the second and third installments shall be invoiced in full upon notification of the decision for a candidate. Payment must be made within 10 days of the invoice date without deduction plus statutory VAT. Incoming payments will be credited to the oldest invoice due. In the event of incomplete payment within the guarantee period, globe shall be exempt from providing any compensation. In the event of late payment, even if globe is not at fault, globe shall charge interest on arrears in the amount of 12% p.a. plus all expenses incurred due to the delay. All payments shall be made exclusively to the bank account specified in the invoice.
Liability
The provision of services by globe is carried out in accordance with the generally recognized principles of the relevant professional training. globe is liable in cases where there is evidence of intent or gross negligence within the framework of the statutory provisions. Despite the application of suitable selection procedures by globe, a thorough examination of the candidate and the final decision before the conclusion of an employment contract with the candidate remains with the client. Austrian law shall apply and Vienna shall be the place of jurisdiction.
DSVGO
Transmitted personal data of applicants may only be processed by the customer for the agreed purpose and the resulting time. Once the purpose has ended, the data must be deleted immediately.
The customer declares that it has taken all necessary measures to ensure the security of the processing in accordance with Art. 32 and that it has obliged all persons commissioned with data processing to maintain confidentiality before commencing the activity or that they are subject to an appropriate statutory confidentiality obligation.
For the purposes of the Equal Treatment Act, the terms "employees" and "candidates" refer to persons of all genders.
General terms and conditions for the provision of personnel
These GTC for the provision of personnel by globe personal services GmbH are an integral part of all personnel provision transactions concluded with globe personal services GmbH, even without the express consent of the client.
1. globe personal services GmbH, based in 1020 Vienna, Walcherstraße 2a / Floor 10, Top 2, is authorized to carry out the business of temporary employment and placement of workers on the basis of the Temporary Employment Act (AÜG).
2. globe personal services GmbH (hereinafter referred to as globe) is referred to as the "transferor" within the meaning of the AÜG, the respective client (hereinafter referred to as the client) as the "employer" and the leased worker as the employee (hereinafter referred to as the employee).
3. if one or more points of these GTC become invalid due to mandatory statutory provisions, all other points shall remain unaffected and continue to apply. Points that have become ineffective shall be replaced by those that most closely correspond to the meaning and purpose of the replaced points.
4. globe examines each employee for his basic professional and personal suitability (CV, interviews, certificates, reference checks if necessary). Regardless of this, the final decision for an employee remains with the client. Special requests made by the Client shall be taken into account as far as possible, without the Client being entitled to the assignment of specific employees.
5. the Principal must check the qualifications/suitability of the employee when the Contractor starts work. If the Contractor does not meet the Client's requirements profile, the Client shall inform globe in writing on the following working day, in any case within 24 hours of the start of work, stating the reasons. If the Principal fails to immediately check and/or notify globe, he shall lose any claim arising from non-performance, default and warranty and shall not be entitled to a reduction or retention of the agreed remuneration.
6. if the client claims that a contractor is unsuitable, globe shall replace the contractor concerned with an appropriately qualified contractor. Clauses 4-6 shall also apply to the latter. globe's warranty obligation is limited to the improvement by replacement of the employee concerned and a price reduction is excluded.
7. the contractor has an employment relationship exclusively with globe. If the client wishes to grant him a position of trust or provide him with access to money or valuables, this requires a separate agreement with globe. Liability on the part of globe for any resulting damages is expressly excluded. All details concerning the employment relationship are regulated in the employment contract between globe and the employee.
8. globe's acceptance of an order shall establish a labor leasing contract between globe and the client. This expressly does not establish an employment relationship between the client and the contractor.
9. the leased employee is integrated into the client's operational process and is therefore subject to the client's right to issue instructions with regard to the performance of work.
10. globe's standard working hours are 38.5 hours per week. If the working hours in the client's company are reduced by collective agreement or company agreement, this regulation shall also apply to globe employees. In order to determine whether normal or overtime hours are calculated according to the time sheet, the collective agreement applicable to the assignment, the working time regulations valid in the client's company and the Working Hours Act shall be used.
11. before the start of the work assignment, the Client must inform the Contractor about the possible workplace-specific hazards and about suitable measures to avert them. The Client shall also ensure that all employee protection regulations applicable at the agreed place of work are complied with and that sufficient precautions have been taken to provide first aid.
12. the client must ensure that all labor law regulations are complied with, in particular that the maximum permissible working hours applicable in the employing company are not exceeded.
13. globe is entitled to terminate the assignment immediately in the event that the client violates employee protection regulations or the duty of care despite being requested to refrain from doing so.
14. the client undertakes to inform globe immediately of any accident at work suffered by an employee.
15 The client acknowledges that the supply of workers to companies affected by strikes or lockouts is prohibited in accordance with § 9 AÜG.
16. globe shall not be liable for damages caused by third parties (including employees of the client) that arise due to actions or omissions of the contractor or otherwise in connection with the provision of labor.
17. globe shall not be liable for any damages incurred by the client if an employee does not commence his work for the client or terminates it prematurely, for whatever reason, without having been instructed to do so by globe. In this case, globe will endeavor to find an equivalent replacement at the request of the client. globe is not, however, responsible for the success of the replacement.
18. a lump sum of three full-time monthly leasing fees plus VAT shall be invoiced for the employment of an employee who was introduced to the client in the course of a personnel search/selection or who was introduced to the client by Globe by way of a leasing arrangement within six months of the introduction and/or termination of the leasing arrangement.
19. Bei Ausübung der Option <Aus Überlassung wird Übernahme> gilt für eine kostenfreie Übernahme unserer Mitarbeiter die im jeweils zugrundeliegenden Anbot genannte Mindestüberlassungsdauer. Liegt kein Angebot vor oder ist in diesem Angebot keine Mindestüberlassungsdauer zur kostenfreien Übernahme genannt, beträgt dieses 6 volle Kalendermonate. Bei vorzeitiger Übernahme unserer Mitarbeiter wird eine Pauschale fakturiert, das als Basis das Standard-Personalvermittlungshonorar von 6 Monatsentgelten inkl. Sonderzahlungen hat.
20. if employees are taken on during an assignment or after the end of an agreed assignment period, a replacement guarantee for the employee taken on shall be deemed excluded from the time the decision to take on the employee is announced to globe.
21. globe shall indemnify and hold globe harmless in all cases unless globe expressly assumes liability in accordance with these GTC.
22. contractors provided by globe are generally not authorized to accept payments on behalf of and for the client. If the client nevertheless instructs the contractor to collect payments, all amounts received by the contractor shall be at the exclusive risk of the client.
23 The agreed hourly rates are net and are subject to the applicable value added tax (currently 20%)
24. if there are changes in personnel costs due to legal or collective agreement measures (e.g. changes to the applicable collective agreement, increase in social security contributions, etc.), globe is unilaterally entitled to increase the agreed hourly rates to the same extent, even during an assignment, when the legal or collective agreement measure(s) come into force.
25 The salary or remuneration and the associated classification shall be determined together with the Client. Should the activity of the employee change, globe must be informed of this by the client. Corresponding changes in remuneration will be charged to the client with the same conditions. The client shall indemnify and hold globe harmless to the full extent (including any legal fees and court costs) for any subsequent claims made by the contractor resulting from remuneration claims based on the jointly agreed remuneration and classification. Subsequent payments shall be settled on the basis of the previous agreement.
26 The invoice amounts are payable within 7 days of the invoice date without deduction. Incoming payments shall always be credited to the oldest invoice due.
27. globe is entitled to charge default interest in the amount of 12% p.a. plus the dunning and collection fees (e.g. KSV) incurred due to the delay in payment, even if globe is not at fault. globe is entitled in this case to terminate the labor leasing contract without notice.
28 Agreements deviating from these terms and conditions must be recorded in writing, as must any waiver of the written form requirement. Austrian law shall apply. The place of jurisdiction is Vienna.
29 (DSVGO) Transmitted personal data of applicants may only be processed by the customer for the agreed purpose and the resulting time. Once the purpose has ended, the data must be deleted immediately.
30 (GDPR) The customer declares that he has taken all necessary measures to ensure the security of the processing in accordance with Art. 32 and that he has obliged all persons commissioned with the data processing to maintain confidentiality before commencing the activity or that they are subject to an appropriate legal obligation of confidentiality.
For the purposes of the Equal Treatment Act, the terms "employees" and "candidates" refer to persons of all genders.