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H+R Personaldienst GmbH

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Businessmen

Attention: The language of negotiation and contract is German. The General Terms and Conditions are only valid in the German version. The automatic translation shown here is only a guide!

Terms of Service

  1. Unless otherwise agreed in writing, our general terms and conditions below apply exclusively.

  2. According to Art. 1 § 12 - Para. 1 AÜG, the contract between the customer and H + R Personaldienste GmbH must be in writing. Subsidiary agreements require written confirmation. Terms and conditions of purchase of the customer that deviate from our terms and conditions are considered contradicted and excluded.

  3. The customer is obliged to report the beginning and end of the leasing of each employee.

  4. Extraordinary circumstances (e.g. strike) entitle H + R Personaldienste GmbH to postpone an order placed or to withdraw from an order in whole or in part. Compensation payments are excluded. If an employee falls ill, there is no obligation to provide a replacement.

  5. Temporary workers are not entitled to collection. They may not be commissioned to handle money or other means of payment without express written permission. You may not receive any advances or payments.

  6. "The employee sent by H + R Personaldienste GmbH to the customer's company is under the direction, supervision and work instructions of the customer. In view of this fact, H + R Personaldienste GmbH is not liable for damage that the employee should cause during his work with the customer. An indemnification of H + R Personaldienste GmbH by the customer in connection with claims that should be made by third parties in connection with the execution of the work carried out by the employee is deemed to have been expressly agreed. Despite this fact, there is no employment relationship between the posted employee and the customer's company, i.e. the employer's right of direction resulting from labor law lies exclusively with H + R Personaldienste GmbH, whereby during the assignment the employee is subject to the customer's work instructions and he is subject to his Supervision and guidance works.”

  7. Occupational Health and Safety Laws

    • In the event of accidents at work involving the temporary workers, the customer is obliged in accordance with § 193 SGB VII to report the accident to the Verwaltungs-Berufsgenossenschaft, Elmar-Doch-Straße 40, 71638 Ludwigsburg (VBG) and to his insurance carrier with another piece of his notification. Another part of the notification is to be sent to H + R Personaldienste GmbH to fulfill their notification obligation towards the VBG.​

    • The customer assures that he will only order and tolerate overtime insofar as this is permissible for his company according to the working time regulations (ArbZG). Any official approval for overtime is to be obtained by him.

    • The customer also undertakes to notify H + R Personaldienste GmbH immediately of exceptional cases of overtime (§ ArbZG).

    • The customer must comply with the accident prevention and occupational health and safety regulations that apply to the respective activity of each employee as well as the generally recognized safety and occupational health rules, instruct the employees about the dangers that occur during their activities and about the measures to prevent them before employment, and provide the employees with the provide the necessary personal and specific protective equipment.

    • The customer is obligated to take the employees to any pending medical check-ups free of charge and to provide H + R Personaldienste GmbH with copies of the medical certificate.

    • The customer grants H + R Personaldienste GmbH or a person authorized by it a right of access to the respective place of employment of the employees, so that H + R Personaldienste GmbH can ensure compliance with accident prevention and occupational safety regulations.

    • The customer undertakes to provide the employees with the facilities and measures for first aid in accordance with the provisions of the UVV "First Aid" (VBG 109) at the place of work.

  8. Insofar as the customer violates the obligations incumbent on him under the contract and the general terms and conditions, he is obliged to compensate H + R Personaldienste GmbH for the resulting damage. The right of H + R Personaldienste GmbH to terminate the contract in these cases remains unaffected.​

  9. The agreed hourly rates are based on the currently valid legal and collective agreement provisions of the German Temporary Employment Agency (iGZ) eV and the member unions of the DGB.     Should changes to these provisions increase costs, H + R Personaldienste GmbH reserves the right to adjust their rates accordingly.

  10. The customer undertakes to certify on the last working day of each calendar week, for the purpose of calculation, the employees on the submitted timesheets by signing the hours that they were present for work. If the customer does not comply with this obligation, the hours written down by the employees themselves shall apply. Verifiably justified objections to the number of hours are only possible within one week after receipt of the invoice.

  11. Payment within 8 days after receipt of invoice without any deductions. If the payment target is exceeded by 8 days, we have the right to terminate the contract without notice.

  12. The exclusive place of jurisdiction for disputes arising from and in connection with the contract is Ulm, this applies expressly to disputes in document, bill of exchange and check procedures.

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