1. Official authorization
Convent has the required license for commercial employee leasing, granted by the Kiel Employment Agency for an indefinite period.
2. Legal position of convent employees
The conclusion of an employee leasing agreement does not constitute a contractual relationship between convent employees and the customer. During the operation, convent employees are subject to the customer's work instructions and work under his supervision and guidance. They are committed to observe secrecy. This applies to all confidential or secret business matters that are disclosed to them as part of their work.
Changes in operation time, working hours and working activities can only be agreed between convent and the customer.
3. Selection of convent employees
Convent provides the customer with carefully selected employees who have been checked for their professional qualifications. The customer should be convinced of the suitability of the employees assigned to him for the intended activity. In the case of legitimate complaints, which he reports within the employee's first transfer date, that day will not be charged. Convent is entitled to call up its employees at any time and replace them with other suitable employees.
When engaging foreign workers, convent ensures that the required official approvals are available.
4. Engagement of convent employees
The customer undertakes to engage convent employees exclusively for activities agreed in the employee leasing agreement. He only lets employees use or operate the appropriate work equipment or machines. Prior to any changes, the customer undertakes to inform convent immediately. The customer does not pay convent employees any sums of money, especially wages and travel expenses.
In addition, the customer does not engage convent employees for the transport of money or money collection and expressly exempts convent from all claims in this respect.
5. General duties of customer
When engaging convent employees, the customer undertakes to observe the legal regulations of occupational safety and health (in particular working hours and occupational safety) that apply to his operation.
For this purpose, he identifies and documents the hazards associated with the work as well as any resulting occupational safety measures. The results of the risk analysis are provided by the customer convent before the start of the lease. The customer familiarizes the employees with the relevant accident prevention regulations of the respective workplace before starting their work and provides the necessary safety equipment.
The customer grants convent access to the place of work of the convent employees by prior arrangement in order to ensure compliance with the occupational safety measures. Convent must be notified immediately in the event of an occupational accident, so that the accident report can be made in accordance with Section 193 Social-Security Statute Book (SGB) VII.
6. Non-solicitation agreement
The customer undertakes not to hire any convent employees provided to him by direct recruitment. The non-solicitation is valid for the duration of the leasing and for the period of up to 6 months after the end of the leasing.
If the customer concludes an independent employment contract with a convent employee assigned to him as defined above, it is assumed that the employment contract was concluded under unfair court cases. In the event of infringements, convent is entitled to demand compensation and omission.
7. Employee compensation
Convent has made wage and salary agreements for its employees according to the IGZ collective bargaining agreement with the DGB. This covers the income structures and social benefits of the convent employees.
8. General duties of convent
Convent undertakes to comply with all obligations of the employer, that is, to comply with all labor, social and income tax provisions and to make the appropriate payments in a timely manner.
The customer undertakes to check the hours worked on a weekly basis by an authorized representative and to confirm them by means of a company stamp or to send convent a copy of the customer's employee time recording in due time. A copy of the time sheet remains with the customer for inspection.
Invoices are generated weekly on this basis and are payable within eight days without deduction. Decisive for the calculation is the hourly rate agreed on the employee leasing agreement plus the applicable value added tax.
For missions outside the agreed place of work, the costs incurred are calculated. In these cases, an additional meal allowance (VMA) can be agreed within the legal or contractual provisions. The hourly/daily rates apply, unless otherwise agreed, without surcharges for overtime, night work, shift work, Sundays and holidays as well as tools, VMA et cetera. Convent reserves the right to increase the hourly/daily rates if wage increases occur after conclusion of the contract, if employees are replaced by others with higher qualifications, or if circumstances beyond the control of convent cause a cost increase. The regular working hours of convent employees at the customer correspond to the weekly working hours agreed in the employee leasing agreement.
Working hours exceeding the agreed working time, as well as night, Sunday and bank holidays are charged extra. Likewise, the use in alternating layer. The surcharges are agreed separately with the customer.
When overtime is combined with Sunday and holiday surcharges, only the higher surcharge will be charged.
The customer undertakes to communicate all complaints to convent immediately, unless they are regulated by Item 3 of the Terms and Conditions. If defects are not reported within one week of their occurrence, all claims are excluded.
11. Force majeure
Convent is entitled to cancel and make any changes if the performance of the contract is made difficult, endangered or impaired. This applies to unforeseeable circumstances such as civil unrest, catastrophes, epidemics or sovereign orders, strikes, illness and the like at the time of concluding the contract.
Convent is only responsible for the proper selection of its employees in relation to the contractually agreed activity. The liability is limited to damages caused by deliberate or grossly negligent violation of the selection obligation. Convent is not liable for any further claims.
The invalidity of any part of these conditions shall not affect the validity of the remaining provisions. Verbal side agreements require the written confirmation of convent in order to be valid. Place of fulfillment is the domicile of the responsible office of convent. If the contracting partner is a registered trader, the court of jurisdiction is agreed to be in Oldenburg at the discretion of convent.
For simplification and uniform presentation, the male form was chosen as representative of the female and male form.
As of: APR 2018