AGB Englisch

Component of the General Terms & Conditions

The conditions for the procurement of managerial staff within and from logistics as well as exclusive orders are agreed separately in the course of the order process. Unless otherwise agreed, the following conditions apply as a minimum.

1. Recruitment of qualified personnel in freight forwarding, the shipping industry, shipping and logistics companies.
1.1 The fee for a recruitment agency in the aforementioned target group is 2 gross monthly salaries, calculated from the annual salary (gross) including holiday and Christmas bonuses, special payments, bonuses, premiums, commissions, the non-cash perquisite of a company car or similar, plus value added tax.

1.2 The fee in full is due upon conclusion of the contract to pay.

2. Recruitment of personnel with priority, commercial skills such as specialists for warehouse logistics, forklift operators, pickers, warehousemen and those with similar qualifications.

2.1 The fee for the recruitment of staff in the aforementioned target group is 2 months’ gross salary, calculated from the annual salary (gross) including holiday and Christmas bonuses, special payments, bonuses, premiums, commissions, the non-cash perquisite of a company car or similar, plus Value Added Tax.

2.2 Remuneration is due in 2 instalments – the first, totalling one month’s gross salary, upon conclusion of the contract and the second, again totalling one month’s gross salary, at the end of 3 months of employment.

3. Recruitment during the term of an employee placement agreement

Remuneration for a recruitment contract that begins first upon provision of temporary staff, and results in the recruitment of staff within an employment or service relationship, totals 2 months’ gross salary, calculated from the annual salary (gross), including holiday and Christmas bonuses, bonuses, profit sharing, premiums, commission, the non-cash perquisite of a company car etc., plus Value Added Tax and is made up as follows:

upon placement of temporary staff within the first two months fee 100% of the above
in case of placement within the 3rd month fee 80 % of the above
in case of placement within the 4th month fee 60 % of the above
in case of placement within the 5th month fee 40 % of the above
in case of placement within the 6th month fee 20 % of the above

From the 7th month no agency fee is required. Placement is deemed to apply with effect from the date from which the new contractual relationship begins.

4. Recruitment after the term of an employee placement agreement

If temporary staff provided by LOGISTIC PEOPLE end their employment relationship with LOGISTIC PEOPLE or if this ends due to limited contract lifetime and then those staff enter into an employment relationship with the employer or with a company that is commercially or legally affiliated with the employer, then both sides hereby agree that this new employment relationship has been created by the mediation or analysis of LOGISTIC PEOPLE. This also applies in the event that temporary staff are only introduced to the employer, but then not placed as well as in the event that temporary staff / candidates are employed in a position other than the one initially intended.

In such a case, the employer is required to pay a recruitment / mediation fee
in accordance with Points1 and 2 of the above Remuneration Conditions. The fee will be reduced in accordance with Point 3 above, depending on the duration of the previous employee placement. That means that for a maximum supply period of two months 100%, for a maximum of 3 months’ supply period 80%, for a maximum of 4 months’ supply period 60%, for a maximum of five months’ supply period 40%, for a maximum of six months’ supply period 20% of fees is due. From the 7th month after initial placement of staff, no agency fee is required.

5. All the fee rates mentioned here apply to recruitment agencies within the territory of the Federal Republic of Germany. The fee for personnel recruitment within and outside the EU requires prior agreement.

6. In addition, the current LOGISTIC PEOPLE General Terms and Conditions, which are available on the homepage at any time, apply. We shall be pleased to send them on request.

General Terms and Conditions Personnel Recruitment

Since the following concerns the General Terms & Conditions, which apply to all our companies equally, both LOGISTIC PEOPLE (Germany) GmbH and LOGISTIC PEOPLE (South) GmbH are designated simply as LOGISTIC PEOPLE. The General Terms & Conditions governing recruiting services apply to all – including. future – business relationships between LOGISTIC PEOPLE as a contractor and the employer under exclusion of conflicting external business conditions. To be effective, any deviations require written confirmation from LOGISTIC PEOPLE.

1. The employer commissions LOGISTIC PEOPLE to search, on his behalf, for an applicant with particular qualifications for a particular activity within the remit of personnel recruitment services. LOGISTIC PEOPLE devises methods to locate personnel at their own discretion. Adverts are placed upon consultation. These Terms and Conditions are included in any agreement concerning a concluded order.

2. The employer is required to inform LOGISTIC PEOPLE immediately, if a applicant proposed by LOGISTIC PEOPLE has already been or is proposed by another recruiter. The same applies if the requirement to fill the workplace has lapsed or the workplace has been filled otherwise.

3. The requirements profile, discussed as part of the contract between the employer and LOGISTIC PEOPLE as well as the order documents provided are the basis of the recruitment of personnel. If LOGISTIC PEOPLE provides the employer with applicants whose qualifications do not match those of the requirements profile, then they shall be deemed to be accepted by the employer, so long as the employer invites the applicants to an interview and/or a contract of employment is concluded.

4. The employer is required to inform LOGISTIC PEOPLE immediately in writing of the conclusion of an employment contract and its terms as well as the failure to reach such an agreement with the applicants provided. The employer further undertakes to return the application documents of all applicants, with whom no contract of employment is concluded, immediately at the request of LOGISTIC PEOPLE.

5. LOGISTIC PEOPLE acts as mediator in the employment of an applicant by the employer. Therefore, conclusion of employment contracts is solely the responsibility of the customer. LOGISTIC PEOPLE are therefore not liable for events that occur in connection with the conclusion of contracts between the employer and the applicant provided, such as the provision of incorrect information by the applicant, inefficiency, inconsistency, damages, termination of the contract before and after commencement of work etc. LOGISTIC PEOPLE’s entitlement to the agreed commission fee and compensation for expenses incurred remains unaffected. A right of retention by the employer is excluded. During the search for applicants LOGISTIC PEOPLE is liable solely in cases of intent and gross negligence.

6. LOGISTIC PEOPLE is required to handle all data acquired and pertaining to the employer and the applicant in connection with recruitment in confidence within the meaning of the data protection legislation. This information shall be used solely for recruitment and shall not be disclosed to unauthorized third parties.

7. The employer undertakes to use any application documents and applicant data given to him by LOGISTIC PEOPLE solely for the purposes of filling the vacant position and neither to make duplicates nor to forward these to third parties. Any stored data belonging to applicants, who have not been interviewed, must be deleted after the post has been filled. References concerning the applicant from any previous or current employers may be obtained only with the express, written permission of the applicant in consultation with the contractor.

8. To be effective, verbal collateral agreements require written confirmation from LOGISTIC PEOPLE.

9. Unless otherwise agreed or proposed, the following conditions and modalities apply to recruitment:

9.1 The basis for reimbursement is the annual income for the coming year including all special payments, royalties, commissions, non-cash benefits etc.

9.2 The amount of reimbursement is determined according to the current conditions for reimbursement for personnel recruitment. It is due upon conclusion of the employment.

9.3 Special services, such as aptitude tests or additional costs such as applicants’ travel expenses shall be invoiced to the employer separately as agreed by the parties. The employer is required to reimburse other expenses if they exceed the normal costs insofar as these are incurred at the request of the customer and it has been proven that they have been incurred accordingly

9.4 If a contract between the employer or an associated company and employees is concluded on the basis of the afore mentioned proof or due to the recruitment activities of LOGISTIC PEOPLE, this shall provide grounds for a claim for commission, wherein concurrent causation is sufficient. If a job seeker accepts a position, within a period of twelve months, which was initially recruited by LOGISTIC PEOPLE, however on or to other conditions, this is deemed proof of recruitment by LOGISTIC PEOPLE regarding an employment relationship, therefore grounds for commission shall exist.

9.5 The fee mentioned above is also payable, upon conclusion of contracts under the German Commercial Code for freelancers and consultants, if this is offered as a form of employment.

9.6 The fee is also payable, upon conclusion of a contract with a party within the corporate circle (partner, co-partners, affiliates, locations, etc.).

9.7 The fee for a recruitment starting initially on a temporary basis and which results in appointment of the employee involved, is detailed in the current fee rates.

9.8 All fee rates apply to recruitment within federal Germany. The fee for personnel recruitment within and outside the EU is subject to prior negotiation.

9.9 The employer undertakes to make available to LOGISTIC PEOPLE all the documents necessary for determining the claim for commission, such as employment contracts, wage and salary statements, etc. The customer is required to provide information on request.

10. Advert design as part of ad-based recruitment is free of charge. Advertisements in media outlets, agreed with the employer, as well as the creation of artwork etc. is subject to the conditions agreed with the employer.

11. The entitlement to the recruitment commission results for LOGISTIC PEOPLE from conclusion of an employment contract between the employer and the applicant. Statutory Value Added Tax is charged on all amounts. Invoices are payable immediately upon receipt. If payment has not been received by the due date, LOGISTIC PEOPLE is entitled to claim interest at a rate of 8% above the base rate. The agreed reimbursement of costs will be invoiced after the costs have been incurred. The aforementioned provision applies to the due date and late payment.

12. In the event that individual provisions of this agreement are or become invalid, this shall not affect the validity of the rest of the agreement. The parties undertake to replace the invalid provision by a valid provision, which comes closest in law and commercial intent to the invalid provision.

13. Place of jurisdiction for all claims by or against LOGISTIC PEOPLE is Darmstadt for LOGISTIC PEOPLE (Deutschland) GmbH and Munich for LOGISTIC PEOPLE (Süd) GmbH.

14. Place of jurisdiction, also in actions concerning bills of exchange, cheques and certificates is Darmstadt.

The masculine gender is used solely for better readability. Pursuant to the General Act on Equal Treatment (AGG) the text applies to both genders equally.

General Terms and Conditions for supply of temporary staff

1. The following terms and conditions shall apply to each order. In accordance with § 12 Workers Transfer Act (AÜG), a written contract must be drawn up for every order between employer and LOGISTIC PEOPLE (Germany) GmbH as well as LOGISTIC PEOPLE (South) GmbH – hereafter known as „LOGISTICPEOPLE”. Amendments or collateral agreements require the written form. LOGISTIC PEOPLE shall be bound by offers, if they are accepted within 4 weeks of offer date General Terms and Conditions of the employer shall take effect only if LOGISTIC PEOPLE has given its written consent, even if LOGISTIC PEOPLE does not expressly object to these general conditions. Reference to the masculine gender in these Terms and Conditions serves readability only and applies to both sexes equally

2. The temporary worker placed by LOGISTIC PEOPLE must adhere to the agreed work times within the company of the employer. He must carry out all work assigned to him in accordance with all valid regulations, in particular all provisions on safety and hygiene. In accordance with § 11 paragraph 6 Workers Transfer Act (AÜG), the employer is also subject to the duties resulting from the employment protection laws.

3. In exceptional circumstances, LOGISTIC PEOPLE can either delay the provision of staff or withdraw from the contract either in whole or in part. This includes all circumstances, which constantly or temporarily make provision difficult or impossible. However, this does not apply in cases of grossly negligent or breach of contract by LOGISTIC PEOPLE or in intentional or grossly negligent breach of contract by a legal representative or by the agents of LOGISTIC PEOPLE or in the case of impossibility of performance by LOGISTIC PEOPLE. Unless LOGISTIC PEOPLE is entitled to postpone the provision of temporary staff or withdraw from the contract in whole or in part, claims for damages by the employer, irrespective of legal reason are excluded. If the employer is responsible for the impossibility of performance, the statutory provisions shall apply. In the event of delays in the context of labour disputes, in particular strikes and lock-outs, and in the event of other unforeseen circumstances, which are beyond the control of LOGISTIC PEOPLE, LOGISTIC PEOPLE shall be released from performance t for the duration of said circumstance, where such circumstances are proven to prevent the use of temporary staff.

4. LOGISTIC PEOPLE and any temporary staff provided are required to maintain the confidentiality of all business affairs of the employer. LOGISTIC PEOPLE advises that the personal data provided is processed and used solely for the purpose of proper performance of the contract as well as any underlying contracts. The employer must inform LOGISTIC PEOPLE in cases of suspected privacy violations relating to the data provided, especially in the case of loss of data and unauthorized access or technical data theft.
5. Any temporary staff placed are checked by LOGISTIC PEOPLE for deployment suitability and assigned a certain pay group according to the Federal Association for Temporary Employment and Personal Services -Confederation of German Trades Unions (BZA-DGB) tariff agreement. Temporary staff are provided for the execution of the contracted work only and may therefore, use or operate only those devices, machines, tools required for this activity.

6. Without express written permission, temporary staff may not be assigned to the transport, handling or collection of money or other means of payment.
7. The activities of temporary staff on behalf of the employer are subject to the statutory regulations arising from employment protection legislation applicable to the operations of the employer. The employer shall ensure that all accident prevention and safety regulations as well as provisions of the Working Time Act (Arbeitszeitgesetz), applicable at the place of work of temporary staff, are observed and that facilities and first aid measures are ensured. The employer must inform temporary staff about specific work hazards that may be encountered during contracted activities as well as about measures to avoid them before employment begins. If temporary staff are exposed to chemical, physical or biological agents during operations on behalf of the employer or undertake dangerous activities within the meaning of the Employer’s Liability Association Regulation (BGV) A 4, the employer must perform a preventive, medical examination before commencing these activities. In the event of an accident at work, the employer must notify the contractor immediately
Prices, payment

8. The prices are, unless otherwise expressly agreed and excluding bonuses for overtime, night work, shift work, work on Sundays and holidays, subject to statutory value-added tax. Hourly rates are based on the calculations carried out by LOGISTIC PEOPLE at the time the contract is concluded in accordance with the applicable, tariff-specific salaries and under the assumption that the BZA DGB collective agreement applies. For this reason, LOGISTIC PEOPLE reserves the right to raise the hourly rates in the case of a tariff increase, introduction or modification of statutory minimum wages or in the event of changes to the legal framework governing the remuneration of temporary staff in order to increase the percentage change in the wage costs of the temporary worker. Appropriate tariff increases are also reserved in the event of non-wage labour cost increases and changing market situations. The increase takes effect two weeks after the announcement of a price increase. An announcement of a price increase entitles the employer to terminate the contract, effective with effect from the date of the increase, with a period of one week from receipt of the notice. Temporary staff, who were employed in the last 6 months before the placement by the employer or by an employer associated with the employer within the meaning of § 18 Stock Corporation Act (AktG), will only be provided under the following conditions. In the case of the non-applicability of tariff rules by virtue of § 3 para 1 no. 3 , last sentence AÜG, the employer is required to pay wage costs increased by the percentage change in the hourly rates of temporary staff from the date of eligibility of the temporary staff in question. Verification of this is the responsibility of the client.

9. Remuneration of hired temporary staff is undertaken exclusively by LOGISTIC PEOPLE. Temporary staff are not entitled to receive any advances or payments whatsoever from employers.

10. Invoicing is undertaken on a weekly basis, unless otherwise agreed. Invoices must be paid in full when due. The employer is required to provide promptly to the temporary staff member in question or to LOGISTIC PEOPLE the time sheets produced for that staff member, however no later than the first working day of the following week, at the end of the month by the first working day of the following month and at the end of a contract, on the final working day of provision of temporary staff, signed electronically, if required).. If time sheets are not provided by the following day by the employer, the invoice will be issued on the basis of the unconfirmed time sheet. Time sheets are confirmed upon payment of the invoice at the latest. Invoice queries must be reported immediately, no later than 8 working days after receipt of the invoice.

LOGISTIC PEOPLE (Deutschland) GmbH 
Farmstraße 118
64546 Mörfelden – Walldorf
T 0049 – 6105 – 97 67 – 0
F 0049 – 6105 – 97 67 – 27
info@logistic-people.de 

Company is registered in: Mörfelden-Walldorf
Registered court: Darmstadt HRB 54218
Managing Directors (power of attorney):
Karl-Heinz Geier, Olaf Sobotzke
Sales tax identification no:
DE 19115 6790

LOGISTIC PEOPLE (Süd) GmbH
Stefan-George-Ring 19
81929 München
T 0049-89-3090 547-20
F 0049-89-3090 547-22
muenchen@logistic-people.de

Company is registered in: München
Registered court: München HRB 164062
Managing Directors (power of attorney):
Karl-Heinz Geier
Sales tax identification no:
DE 25116 9055

Component of the General Terms & Conditions

Download

General Terms and Conditions Personnel Recruitment

Download

General Terms and Conditions Personnel Recruitment

Download

Kommentare sind geschlossen.