Standard Business Conditions
Hereinafter referred to as the lender or CVC
The lender/CVC has applied for permission to supply employees. Until this has been granted, they will not supply any employees.
Standard Business Conditions
The following General Terms and Conditions shall apply to all current and future business relationships and employee leasing agreements between the Lender/CVC and the hirer of temporary staff, even if they did not make a new agreement. These General Terms and Conditions shall apply to all employee leasing contracts to the exclusion of any conflicting terms and conditions of the hirer, even if the lender/CVC does not expressly object to them. In case of doubt, the commencement of the lender’s/CVC’s employee’s activity at the hirer’s shall be regarded as an acknowledgement of our General Terms and Conditions. Agreements and collateral agreements deviating from these General Terms and Conditions shall only be effective if they are made in writing and signed by both the Lender/CVC and the Borrower.
Subject of the contract
The temporary workers of the Lender/CVC shall be at the disposal of the Hirer, in accordance with the German Personnel Leasing Act (Arbeitnehmerüberlassungsgesetz), the provisions and terms and conditions stipulated in the employee leasing contract at the agreed place of employment. The lender/CVC remains the direct employer. In principle, the respective temporary workers are provided by the hirer in accordance with the respective individual requirements. The temporary workers are selected in accordance with the requirements or task profile described by the hirer. The individual temporary worker shall also be deployed accordingly. The temporary workers are subject to the hirer’s instructions during their deployment and work under the hirer’s supervision and guidance. This does not give rise to any contractual relationship between the temporary worker and the hirer.
Termination and right of withdrawal
The temporary employment contract may be terminated by either contracting party with one week’s notice. Any termination must be made in writing.
If the hirer does not terminate the contract in due time, the lender/CVC may demand 80% of the agreed hourly billing rate, taking into account the agreed weekly working time and the remaining contractual term (in the event of termination in due time), as compensation without providing evidence.
The Lender/CVC is entitled to retain its services or to terminate the contract without notice if the Borrower has not fulfilled its obligations under this or previous employee leasing contracts or under other business relations with the Lender/CVC in whole or in part and has been granted a reasonable grace period for performance. In particular, this shall apply to the payment and settlement of invoices issued. This shall not affect any further claims of the Lender/CVC for e.g. damages.
In particular, a significant deterioration of the economic situation of the hirer as well as default of payment by the hirer, non-compliance with accident prevention regulations by the hirer, cases in which the performance of work in the hirer’s company has become impossible due to lockout, strike and force majeure shall entitle the hirer to extraordinary termination of the employee leasing contract.
If, despite careful selection by the Lender/CVC, a temporary worker turns out to be unsuitable for the work specified in the contract, the Hirer is obliged to inform the Lender/CVC of this immediately (by the end of the first working day at the latest).
If the hirer is not satisfied with the performance of the temporary worker, he/she may reject the worker by written declaration to the lender/CVC within 8 hours after the start of the assignment.
At a later point in time, the hirer may only reject the temporary worker with effect for the next shift by means of a written declaration to the lender/CVC if there is a reason that would entitle the employer to a personal and/or behavioral ordinary termination in accordance with the provisions of the Dismissal Protection Act.
The hirer may reject the temporary worker with immediate effect by written declaration to the lender/CVC if there is a reason that would entitle the employer to extraordinary termination.
Temporary workers are considered suitable if they are not reported back within the first working day.
A notice of termination by the hirer is only effective if it is given to the lender/CVC. A notice of termination given only to the temporary worker is invalid.
The hirer undertakes to make first aid facilities and measures available to the temporary workers of the lender/CVC at the intended place of activity.
The hirer undertakes to instruct the temporary workers of the lender/CVC prior to commencement of work on the identified workplace-specific hazards, as well as on measures to avert them, and to ensure that they are complied with.
The hirer is furthermore obliged to instruct these temporary workers before they start work in the accident prevention regulations applicable to his company and the respective workplace, to point out to them the specific hazards of the workplace, as well as to instruct them comprehensively in the measures to avert them and to provide them with the safety equipment or protective clothing prescribed for the performance of the respective activity.
Prior to the start of the assignment of a temporary worker, the hirer shall conduct a workplace and hazard analysis/inspection of the respective workplace in cooperation with the lender/CVC. If it is not possible for a representative of the lender/CVC to be present for this analysis due to the special workplace conditions or local deployment areas, the hirer shall carry out this analysis on its own responsibility and undertakes to document this analysis accordingly. This written documentation shall be made available to the Lender/CVC.
The hirer shall be liable vis-à-vis the lender/CVC in cases in which their temporary workers are unable to perform their work due to a lack or absence of safety equipment,
safety equipment or protective clothing cannot be taken up or continued.
The hirer is liable for compliance with the general accident prevention regulations and compliance with special accident prevention regulations of the respective workplace.
In the event of all accidents at work, Lender/CVC must be notified by the hirer without delay in order to enable the representative of Lender/CVC or other authorized persons (e.g. representative of the employers’ liability insurance association, etc.) to analyze the occurrence of the accident.
Insofar as the activity of the temporary worker requires an occupational health examination, the hirer must carry out such an examination before the start of the activity, and this must also be documented. The documentation shall be made available to the lender/CVC.
The hirer is responsible for issuing the instructions required for the direct activity of the temporary worker in the hirer’s company and for supervising the temporary worker.
If the temporary worker is deployed abroad, the hirer shall be responsible for obtaining any official permits that may be required, in particular residence and work permits.
The Lender/CVC shall have fulfilled the obligation to provide the temporary worker when the respective temporary worker has arrived at the Hirer or at the respective place of deployment. Unless otherwise agreed in an individual contract, the temporary worker shall be transferred to the registered office of the hirer. With the transfer, the exercise of the right to issue work-related instructions is transferred to the hirer.
The Lender/CVC undertakes to provide the Borrower with temporary workers who are ready for work and suitable for the purpose of performing work. The Lender/CVC owes the Hirer the provision of the temporary worker, but not a specific type and quality of the work performed.
The Lender/CVC assures the Borrower that it has duly selected the Temporary Worker in terms of suitability and ability with regard to the purpose pursued by the Borrower – as set out in writing in the Agreement – with the duty of care incumbent hereon. The Lender/CVC undertakes, within the scope of its possibilities, to take into account any special wishes of the Borrower. Nevertheless, the Lender/CVC has the right to recall leased temporary workers and to replace them with others of equal value.
The hirer undertakes to use the temporary workers provided to him only for the work specified in writing in the temporary employment contract. This also applies to agreements on the time, duration and place of deployment. Changes to the contract can only be agreed with the lender/CVC, but not with the temporary worker.
The hirer is obliged to indemnify the lender/CVC against all claims made by third parties in connection with the performance of the work assigned to the temporary employee.
Remuneration, payments and surcharges
The basis for the calculation of the following surcharges is the regular daily and weekly working time applicable in the hirer’s company.
Unless expressly agreed otherwise in writing, the agreed rates of remuneration shall apply without engagement and without surcharges.
The Lender/CVC shall notify the Borrower of an intended price increase. The increase shall become effective two weeks after receipt of the notification by the Borrower.
The Borrower shall be entitled to terminate the contract within one week after receipt of the notification as of the date of the price increase.
Unless otherwise agreed, invoicing shall be on a weekly basis or at the end of a calendar month. The choice in this respect remains with the lender/CVC.
The basis for invoicing shall be the time sheets of the respective temporary worker to be signed by the hirer. The time sheets shall be submitted to the hirer on a weekly basis, at the end of the calendar month or immediately after completion of the assignment. The hirer undertakes to have the weekly time sheet of the temporary employee signed by its own authorized representative. Should the hirer fail to comply with this obligation, the time sheet shall be deemed to have been accepted after a further week, even without a corresponding signature.
Invoices issued by Lender/CVC to the Borrower shall be immediately due and payable without deduction.
The Borrower is not entitled to receive advances or other payments.
If the Borrower defaults on payment, the Lender/CVC shall be entitled to declare all outstanding, deferred invoices immediately due and payable and to demand immediate settlement or provision of security from the Borrower.
The Lender/CVC shall also be entitled to this right if there is a significant deterioration in the financial circumstances of the Borrower.
The Borrower shall not be entitled to set off or assert a right of retention against the Lender/CVC unless the counterclaim is undisputed or has been legally established.
If a temporary employee of the Lender/CVC is taken over by the Hirer into an employment relationship with the Hirer before the expiry of a transfer period of six months or immediately thereafter, a placement fee of two gross monthly salaries of the employee taken over shall be invoiced to the Hirer. This is also due for payment immediately.
In the event of late payment, the Lender/CVC shall be entitled to demand interest on arrears at a rate of 8% above the base interest rate without concrete proof.
The Lender/CVC reserves the right to claim higher damages for default from the Borrower.
Complaints about the invoices can only be considered within 10 days after receipt of the invoice. The Lender/CVC reserves the right to correct any calculation errors in the time sheets and to issue the invoice accordingly.
The Lender/CVC shall be liable for its own fault only in case of intent and gross negligence.
Since the temporary workers of the Lender/CVC work in the premises and workplaces of the Customer under the Customer’s instruction, supervision and performance control, the Lender/CVC cannot be liable for damage caused by the temporary workers to objects on or with which they work, nor for any other negligent or intentional damage caused by the temporary workers. The Lender/CVC shall not be liable for the performance of work by the temporary worker or for damage caused by the temporary worker in the course of his work.
Insofar as objects or persons are damaged by temporary workers of the Lender/CVC during their work for the Borrower, the Borrower shall indemnify the Lender/CVC against any claims by third parties.
If the temporary worker does not start work, does not continue work or is absent for other reasons, the Lender/CVC must be informed of this immediately.
The lender/CVC is entitled, and only obliged if requested in writing by the hirer, to provide a replacement. If this is not possible despite the efforts of the Lender/CVC, the Lender/CVC shall be released from the obligation to provide the temporary worker for the periods in which the temporary worker is absent without excuse.
The lender/CVC assumes no liability if the temporary workers are entrusted by the hirer with money matters, for example, collection, cash management custody and administration of money, etc.
Liability for slight/normal negligence is excluded. This applies both to the liability for the careful selection of the temporary worker and to all other cases (default and possibility of positive breach of contract, fault in the conclusion of the contract, etc.).
In the event that the Lender’s/CVC’s temporary employees justifiably refuse to start or continue their work in the event of defective or non-existent safety facilities or equipment to be provided by the Borrower, the Borrower shall nevertheless owe the agreed remuneration for the working time during which the Lender’s/CVC’s employee was at the Borrower’s disposal.
The hirer is obliged to inform the lender/CVC immediately if employees of the lender/CVC are deployed in a different manner than contractually agreed. The Lender/CVC shall not be liable for any downtime and the corresponding costs of the downtime in the event that a temporary worker terminates the customer’s operation on his own authority.
If individual provisions of these General Terms and Conditions or parts thereof should be invalid, this shall not affect the validity of the General Terms and Conditions.
In place of the invalid provisions, the contracting parties shall agree on a provision in a permissible manner that corresponds to the intended purpose.
The Borrower is not entitled to transfer rights from contracts with the Lender/CVC to third parties.
Amendments or supplements to these General Terms and Conditions as well as to all contracts between the Lender/CVC and the Borrower must always be made in writing and must be confirmed in writing by the Lender/CVC in order to be effective.
The place of jurisdiction for disputes arising from and in connection with the employee leasing contract shall be Mannheim. At the option of the lender/CVC also the place of jurisdiction of the hirer. This shall expressly also apply to disputes in document exchange and check proceedings.
Status: May 2019
61118 Bad Vilbel