General terms and conditions (GTC) for the supply of personnel
1. validity
1.1 These GTC shall apply to all legal transactions between Schneider Personalservice GmbH as the temporary employment agency (hereinafter also referred to as "Schneider") and the Employer, in particular also for future follow-up and additional assignments of any kind. The GTC and other provisions of the contract shall continue to apply even if Schneider provides workers beyond the originally agreed or planned assignment period or if the request for workers is made verbally.
1.2 Schneider declares that it wishes to contract exclusively on the basis of these GTC. Any contractual terms and conditions of the Employer are hereby rejected. If, in exceptional cases, the validity of other contractual conditions is expressly agreed in writing, their provisions shall only apply insofar as they do not contradict the provisions of these GTC. Non-conflicting provisions shall remain in force alongside each other.
1.3 Provisions contained in framework or individual agreements shall take precedence over these GTC insofar as they conflict with the provisions of these GTC; otherwise, these GTC shall supplement the framework or individual agreements.
1.4 The version of the GTC applicable at the time the contract is concluded shall be authoritative. Amendments and supplements to these GTC and to the individual or framework agreement must be made in writing to be legally effective. Signed declarations sent by fax or signed PDFs sent by e-mail comply with the written form requirement, but not communications that are only sent by e-mail. This also applies to any waiver of the written form requirement.
1.5 Temporary workers are not authorized to make declarations of knowledge or intent on behalf of Schneider, nor are they authorized to collect payments.
2. conclusion of contract and termination
2.1 Offers from Schneider are non-binding. In addition to the conclusion of a framework or individual agreement, the contract shall also come into effect upon the Employer signing an offer or order confirmation from Schneider. If the aforementioned contract documents are not signed by the Employer, the contract shall also be deemed to have been conclusively concluded by the fact that the leased workers commence their work assignment or are deployed by the Employer after transmission of the offer or order confirmation.
2.2 A contract based on these GTC, in particular a framework transfer agreement, may be terminated in writing by either party subject to one month's notice, unless otherwise agreed in writing.
3. subject of performance
3.1 The object of the service is the provision of labor. Schneider owes neither the provision of specific services nor a result.
3.2 Schneider is entitled to replace leased workers with other equivalent persons at any time.
4. fee
4.1 The amount of the fee is set out in the signed contract documents or in the offer or order confirmation from Schneider. If workers are requested or deployed without a prior offer from Schneider, an appropriate fee shall be deemed to have been agreed.
4.2 If the basis of remuneration or the statutory contribution or tax obligations for the leased workers change after conclusion of the contract - due to statutory or collective agreement adjustments, other binding provisions of a general nature applicable in the employing company or at the request of the Employer - Schneider shall be entitled to adjust the agreed fee to the same percentage extent as the change in the basis of remuneration. Insofar as leased workers are entitled to one-off payments, these shall be invoiced by Schneider to the Employer plus ancillary wage/salary costs and an appropriate surcharge of a maximum of 3 percent of the total amount.
4.3 If workers are employed beyond an agreed or expected end date of the assignment, the agreed fee agreement shall also apply beyond this date.
4.4 The fee is to be paid plus the statutory value added tax at the respective statutory rate, without any deductions and free of charges. Schneider is entitled to issue weekly invoices.
4.5 The invoice is due upon receipt. If the invoice is not objected to in writing within seven days of receipt, stating the specific points objected to, the hours invoiced therein and the amount of the fee shall be deemed to have been approved and accepted.
4.6 In the event of default in payment, the statutory default interest pursuant to Section 456 of the Austrian Commercial Code (UGB) and the compensation for collection costs pursuant to Section 458 of the UGB shall be charged.
4.7 The Employer shall not be entitled to set off any claims or demands against Schneider against the transfer fee or to retain the same. This shall not apply to claims of the Employer that have been established by a court or acknowledged by Schneider in writing.
4.8 The time sheets to be signed by the Employer or his assistants on site at least once a week or the evaluations from the Employer's electronic time recording system shall form the basis for invoicing. Time records must be kept to the minute. If the timesheets are not signed by the Employer or his assistants, Schneider is entitled, but not obliged, to have the timesheets signed by the Employer's customer if the assignment is with a customer of the Employer. With the signing of the time sheets by the Employer or its assistants, the hours worked are legally binding. If the time sheets are not confirmed or signed by the employer, Schneider's records shall form the basis for invoicing. The burden of proof that the hours stated in these records were not actually worked shall be borne by the Employer. The time records must be sent to Schneider once a week by the Employer without being requested to do so. The Employer shall be liable for the accuracy of the time records. Should Schneider suffer disadvantages due to incorrect or incomplete records, the Employer shall indemnify Schneider in this respect.
4.9 If the temporary workers are not deployed for reasons for which Schneider is not responsible, the Employer shall remain obliged to pay the full remuneration. This shall also apply if the Employer does not deploy the leased labor (for whatever reason) to perform the work.
4.10. The Employer undertakes to reimburse Schneider for the costs of recruitment and any training when taking over the respective leased worker in order to create appropriate compensation. Furthermore, the Employer undertakes to inform Schneider of this immediately. The costs shall depend on the actual expenditure and shall be reduced by 1/6 for each month the employee is leased to the Employer before being taken on, so that no compensation is payable after six full months of leasing.
4.11. If Schneider provides services at the request of the customer that are not included in the agreed object of performance, Schneider is entitled to invoice these services separately. In the absence of an agreement to the contrary, an appropriate remuneration is deemed to have been agreed.
5. rights and obligations of the employer
5.1 The Employer is obliged to comply with all statutory provisions, such as in particular (but not exclusively) the AÜG, ASchG, GlBG and AZG. If claims are asserted against Schneider by employees or third parties for violation of statutory provisions, the Employer shall indemnify Schneider if the asserted claims are attributable to violations in the sphere of the Employer. This shall also apply if Schneider or its managing directors or responsible agents have to pay penalties imposed by the courts or administrative authorities. The indemnification also includes the costs for the appropriate defense against claims or penalties, in particular court and legal fees.
5.2 The Employer shall provide Schneider with the information essential for the assignment prior to its commencement. This includes in particular the start, expected duration and location of the work assignment, the required qualifications of the leased workers, the associated collective agreement classification in the collective agreement applicable in the employing company for comparable employees for comparable activities as well as the essential working and employment conditions applicable in the employing company, which are set out in binding provisions of a general nature and relate to the aspects of working hours and vacation. In the case of § 10 para. 1 last sentence AÜG, this also applies to binding provisions of a general nature relating to remuneration. If the wage/salary level is regulated in works agreements or written agreements with the Employer's works council, the Employer must inform Schneider of this in writing before the contract is concluded. This shall also apply to piecework or bonus work.
5.3 The Employer shall inform Schneider of the performance of heavy night work within the meaning of Article VII of the NSchG and of heavy work within the meaning of Sections 1 to 3 of the Heavy Work Ordinance (SchwerarbeitsVO) prior to the commencement of the assignment.
5.4 The leased employees shall work according to the instructions and under the guidance and supervision of the Employer. For the duration of the temporary employment, the Employer shall also have the duty of care of the Employer.
5.5 The Employer shall train and instruct the leased workers in the handling of any equipment and machines and take the necessary instruction, education and hazard prevention measures. Written evidence of necessary training or instruction, as well as safety and health protection documents, must be sent to Schneider without being requested. The Employer shall provide the leased workers with work equipment and health and safety equipment in accordance with the statutory regulations at its own expense. The Employer shall bear the costs of any medical examinations required by law or for operational reasons. The same applies with regard to bearing the costs of all documents requested by the Employer, such as extracts from criminal records.
5.6 The Employer shall only deploy the leased workers in accordance with the contractually agreed assignment and the contractually agreed qualifications. He shall not give the leased workers any instructions for activities for which they are not leased. If, on the other hand, the Employer deploys leased workers for other activities which lead to higher costs for Schneider (in particular due to a higher classification under the collective agreement or additional wages), the Employer shall indemnify Schneider for all costs incurred as a result. The indemnification shall also include the costs for the appropriate defense against claims or penalties, in particular court and lawyer's fees.
5.7 Further training measures ordered by the Employer shall be borne in full by the Employer (including all working hours incurred for this purpose). Should the Employer implement further training measures which may lead to a higher qualification of the leased workers, or should circumstances change which the Employer has notified Schneider of, the Employer shall inform Schneider immediately. If the Employer fails to make such notification, he shall compensate Schneider for all disadvantages arising therefrom. If further training results in a different classification in the collective agreement of the Employer or transferor, Schneider shall be entitled to increase the fee in accordance with the qualification obtained plus an appropriate surcharge of up to 3 percent of the fee difference from the time of the higher qualification - also retroactively. The same shall apply if the Employer deploys the leased employee in a higher employment group than agreed.
5.8 The Employer shall grant the leased workers access to the welfare facilities and measures in the company under the same conditions as its own workers during the leased period and inform them of vacancies in the company by means of general announcements.
5.9 In particular, the Employer shall observe the equal treatment provisions and prohibitions of discrimination in the selection of workers, during the duration of the assignment and upon termination of the assignment.
5.10. The Employer must inform Schneider in writing at least two weeks before the end of each assignment with regard to blue-collar workers and at least two months before the end of each assignment with regard to white-collar workers ("deferral period"). In the case of blue-collar workers, the reset period shall be increased to 1 month for an assignment period of more than 1 year and to 2 months after an assignment period of more than 18 months. If the Employer does not comply with the respective deferral period, it must pay the fee agreed for the assignment for the duration of the respective deferral period on the basis of the normal weekly working hours. The aforementioned deferral periods shall not apply if the expected duration of the assignment is shorter than the aforementioned deferral periods.
5.11. If the Employer fails to comply with a statutory or contractual (information) obligation, it shall fully compensate Schneider for all resulting damages, costs or disadvantages of any kind.
5.12. The Employer shall only process the personal data transmitted by Schneider to the extent that this is absolutely necessary for the fulfillment of the (pre-)contractual obligations towards Schneider and for compliance with the statutory obligations. The Employer warrants that the legal, technical and organizational requirements of data protection law (in particular GDPR and DSG) are complied with in its company and shall indemnify Schneider in the event of violations.
6. rights and obligations of tailor
6.1 Schneider shall be entitled to enter the place of work and to obtain the necessary information in order to verify compliance with the Employer's obligations.
6.2 If, for whatever reason, a worker does not appear at the agreed place of work or workplace, the Employer must inform Schneider of this immediately. In such cases, Schneider shall endeavor to provide a replacement worker.
7. premature termination of the contract
7.1 The contractual partners are entitled to terminate the contract prematurely without observing deadlines or dates if there is good cause. Good cause for each contractual partner shall be deemed to exist in particular if
a) the Employer is more than seven days in arrears with a payment to which it is obligated vis-à-vis Schneider despite a reminder;
b) one of the contractual partners continues to violate essential statutory or contractual provisions despite a written request by the other to desist;
c) the Employer does not comply with the employee protection or care obligations towards the leased workers despite being requested to do so;
d) Schneider is unable to provide a suitable replacement worker, e.g. due to force majeure, illness or accident of one or more workers or
e) investigation proceedings are initiated against the Employer in connection with leases by Schneider due to an administrative offense or other criminal proceedings - justified or unjustified.
7.2 Furthermore, Schneider shall be released from any obligation to perform in the event of an important reason and shall be entitled to immediately recall the leased workers. If the Employer is responsible for this, it must compensate Schneider in full for all resulting damages, costs or disadvantages of any kind whatsoever, and in particular pay the fee up to the originally intended or agreed end of the assignment.
7.3 If the contract is terminated prematurely for reasons within the control of the Employer or if the leased employees are recalled by Schneider for good cause within the meaning of item 7.2, the Employer shall not be entitled to assert any claims against Schneider.
8. warranty
8.1 Schneider warrants that the leased workers have the qualifications expressly agreed in the contract. A special qualification of the workers is only owed if such has been expressly agreed, otherwise an average qualification is deemed to have been agreed.
8.2 Immediately after the start of the assignment, the Employer is obliged to check the assigned workers with regard to their professional and personal qualifications. If a leased worker does not meet the agreed qualifications, any defects must be reported in writing immediately, but in any case within the first working day, stating the exact nature of these defects, otherwise claims, in particular for warranty and compensation, are excluded.
8.3 In the event of a defect for which Schneider is responsible and the Employer demands improvement in due time, such improvement shall be made by providing a replacement employee within a reasonable period of time.
8.4 The Employer shall also provide evidence of any defectiveness in the first six months from the beginning of the assignment.
8.5 Warranty claims and claims for damages of the Employer shall be asserted in court within three months in the event of any other loss.
9. liability
9.1 Schneider is not liable for any damage caused by the workers provided. Schneider is not liable for loss, theft or damage to tools, drawings, samples and other items provided.
9.2 Prior to the commissioning of vehicles or equipment for which a permit or authorization is required, the Employer must check the existence of the corresponding authorizations for the leased workers. If the Employer fails to carry out this check, claims against Schneider shall be excluded.
9.3 Schneider shall not be liable for damage caused by force majeure, non-attendance at the workplace, illness or accident of the leased employee. Schneider shall not be liable for consequential damages and financial losses, for damages caused by leased employees, production losses and for penalty obligations to be borne by the employer.
9.4 Any liability of Schneider, with the exception of personal injury, shall in any case be limited to gross negligence and intent and to an amount of EUR 5,000.00.
10. general
10.1 For disputes between Schneider and the Employer, the competent court at the registered office of Schneider shall have jurisdiction. Schneider is also entitled to take legal action at the general place of jurisdiction of the Employer.
10.2 The place of performance for the provision of labor and payment of the Employer shall be the registered office of Schneider.
10.3 The Employer and Schneider agree on the application of Austrian law under exclusion of the reference norms of international private law and the UN Convention on Contracts for the International Sale of Goods.
10.4 Should individual provisions of these GTC or of a framework or individual agreement be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, the contracting parties agree to apply a valid provision that corresponds as closely as possible to the economic purpose of the original provision.
10.5 The Employer shall notify Schneider immediately in writing of any changes to its name or designation, as well as any change to its address, bank details, VAT number or legal form and its company register number, but at the latest within one month of the change. If the Employer fails to notify Schneider of such changes and therefore does not receive legally significant declarations from Schneider sent to the address last notified by him, in particular invoices, reminders, notices of termination or contract amendments, these declarations shall nevertheless be deemed to have been received by Schneider. Schneider is entitled to send all declarations by e-mail to the last e-mail address provided by the employee.