General Terms and Conditions for Personnel Leasing of Infusionen und Pflege GmbH (hereinafter IP)

 

TEMPORARY STAFF

These general terms and conditions are subject to the Employment Services Act (AVG), the Swiss Code of Obligations (OR) and the Code of Civil Procedure (ZPO). The responsible licensing authority is the Office for Economic Affairs and Labor, PO Box, 8090 Zurich and the seco, Directorate for Labor, Effingerstrasse 31, 3003 Bern.

 

General

The general terms and conditions form an integral part of the rental contract. They automatically come into force with each contract conclusion. The hiring company recognizes these general terms and conditions as binding. If it does not agree with them, it must inform us immediately; in this case, our employee will be called back and the contract canceled.

 

Occupational Safety / Collective Agreement

Our temporary staff is carefully selected and may only be used for the agreed work. The customer undertakes to ensure occupational safety and to comply with the provisions of the labor law. If the customer company is subject to a generally binding employment contract, we must be informed of this when the order is placed. The working time regulations in the collective labor agreement also apply to our temporary staff. If the customer is not subject to a collective labor agreement, our collective labor agreement staff leasing applies.

 

obligation to give instructions / confidentiality

The temporary employee is obliged to respect the internal regulations of the customer's company. He is contractually obliged to maintain strict confidentiality regarding everything that comes to his knowledge during his assignment with the customer. The temporary employee is subject to the customer's instructions and is under his supervision and responsibility. We fundamentally reject any liability for damage caused by a temporary employee. The provisions of the OR apply, namely OR 55, 100 and 101.

 

information

In order for us to carry out a thorough personnel selection, requests for temporary employees must be formulated precisely and correctly. The customer therefore provides detailed information about the position(s) to be filled (qualifications, type of work to be performed, duration, workload, etc.).

 

fitness

At the start of the assignment, the customer must ensure that the temporary employee meets the requirements. If this is not the case, we must be informed immediately. You will not be charged for the first four hours of such an assignment. If possible, we will offer you a replacement immediately.

 

working hours

The temporary employee must adhere to the working hours applicable in the customer's company. Overtime is defined as hours that exceed the usual working hours; they are compensated in accordance with the customer's regulations and must be listed separately on the work report and mentioned with the corresponding percentage surcharge. The customer is responsible for complying with the instructions and legal provisions on occupational health and safety. The working hours agreed in the rental contract are binding. If the hours actually worked differ from the agreed working hours, only the documented working hours will be compensated, unless the temporary employee can prove that the company using them refused to accept their work. IP must be informed of such cases immediately. In such a case, IP is entitled to demand the missing hours in order to compensate the TMA for them. Changing time is included in the working hours.

 

work report

We pay our temporary employees based on the weekly work report. The work report is available either as a printed paper form or as an online form that is password-protected and stored in a web application and accessible to the customer at any time. The hours worked are validated either by signing the paper form or online by entering them in the web form. Under no circumstances is the temporary employee authorized to accept payments from the customer. Any direct agreements with our employee are not permitted and are not binding for us.

 

taking on a temporary employee

The client company can take on an employee as a direct employee after the end of the assignment. In principle, the takeover is free of charge. However, the customer owes us compensation under the following conditions:

1. If the deployment lasted less than three months and
2. If the employment takes place less than three months after the end of the assignment.

 

In such cases, the compensation shall amount to the amount that the customer would have had to pay us for the administration fee and profit for the three-month assignment, less the amount already paid for the administration fee and profit."

 

invoicing

Complaints regarding the invoiced hours must be made within eight days of the invoice being issued. The invoices are to be paid net within ten days. In the event of debt collection, interest on arrears of 51% is agreed.

 

cancellation conditions

In the case of cancellations made less than 14 days (calendar days) but more than 7 days (calendar days) before the scheduled assignment, the customer will be charged 50% of the scheduled assignment time. In the case of cancellations made less than 7 days (calendar days) before the assignment, the full assignment time must be paid.

 

notice periods

For both fixed-term and permanent assignments, the employment relationship can be terminated by either party as follows:
a) during the first three months of continuous employment with a notice period of two working days.
b) during the period from the 4th to the 6th month of continuous employment, with a notice period of seven days.
(c) from the seventh month of continuous employment, with a notice period of one month, in each case to the same day of the following month.

 

Data Protection

The parties undertake to comply with the relevant provisions of the data protection law at all times. Within the framework of the respective contract, the personnel service provider is entitled to collect and process the data of the customer's employees, managing directors and other staff and to use and disclose this data for all purposes related to the performance of the contract. This includes in particular the transmission of data abroad for the aforementioned purposes that may be necessary to fulfill the contract. In addition, the personnel service provider is expressly authorized to process data about the customer in any form and to disclose it to any group companies or third parties abroad. The consent also includes use for marketing purposes. The customer expressly declares that this consent has been given and the personnel service provider can request this declaration of consent from the customer at any time.

 

jurisdiction

For disputes arising from this contractual relationship, the place of jurisdiction shall be the registered office of the IP with which the client is connected.

Thalwil, July 2023

 

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General Terms and Conditions for Permanent Positions and Mandates of Infusionen und Pflege GmbH (hereinafter IP)

 

PERSONNEL PLACEMENT

The following describes the conditions that come into effect when the client places an order verbally and/or in writing. These general terms and conditions for permanent positions/mandate orders are part of the contract between IP and the client.

 

Personnel selection permanent positions on a success basis

This personnel service is free of charge until an employment contract is concluded with a candidate submitted by IP. IP undertakes the following recruitment and selection work for the client:

• Integration of customer vacancies in our advertising
• Evaluate job requirements
• Approaching suitable candidates
• Conducting interviews with potential candidates
• Obtaining references and reporting
• Analysis of professional / personal skills
• Creation of complete applicant dossiers
• Creating profile comparisons
• coordination of interviews

 

Mandate on a success basis / exclusive

A mandate is considered exclusive if no other consultants are involved. Any candidates submitted by third parties must be included in our selection process. The mandate can be interrupted or canceled by the customer at any time with 7 days' notice. The cancellation must be made in writing. If the mandate is canceled without good reason, the expenses incurred up to that point will be invoiced. After a detailed evaluation of the job requirements, a candidate profile is created in consultation with the customer. In accordance with this profile, we design and implement professional, target group-oriented and market-oriented advertisements. The search order is based on a customer request and, if possible, includes a customer visit during which the company, job, requirement and personality profile is created and analyzed, and the industry and company conditions are studied. This service is free of charge until a contract is concluded. Pflege und Infusionen GmbH undertakes the following recruitment and selection work for the client:

• selection of incoming applications
• analysis of the application documents
• Conducting interviews with potential candidates
• Obtaining references and reporting
• Analysis of professional / personal skills
• Creation of complete applicant dossiers
• Creating profile comparisons
• coordination of interviews
• support in the decision-making phase

 

fee

A success fee is due when an employment contract is concluded between the employer and the candidate we have submitted and selected. The success fee is calculated on the basis of the gross annual salary:

Qualification: Fee rate:

MA without specific education (without training, EBA, etc.) 10%
MA with specific education (vocational training, further education, etc.) 13%
MA with further education (federal professional certificates) 16%
MA with university degree or highest professional qualification (BA, MAS, etc.) 19%
The gross annual salary is defined as the income subject to AHV including the 13th/14th monthly salary, bonuses, commissions, profit sharing, bonuses, other monetary benefits, regardless of whether these additional benefits are referred to as premiums, gratuities, etc.

 

protective regulations

If a client hires a candidate suggested by IP before 6 months have passed since the application documents were presented, IP is entitled to demand the corresponding fee. It is strictly forbidden to hire candidates suggested by IP through any other recruitment agency. The client undertakes to maintain strict confidentiality regarding the personal and professional circumstances of the candidates presented to him by IP. The client may only provide direct references to current and/or previous employers or other reference persons with the consent of IP.

 

payment terms / guarantee

If a contract is concluded with a candidate placed by us, the fee is invoiced at the time the contract is signed, regardless of when the employment or contract begins. The fee structure is divided into two halves: 1/2 is due at the time the contract is signed - 1/2 is due at the end of the probationary period. If an employee recruited by us leaves during the probationary period, the second half of the fee is not owed, while the first half remains. This rule applies to placements on a success basis and for employees at all levels of the hierarchy. The last working day is decisive. The invoice is to be paid within 10 days net without any discount. If the invoice is issued at the time the position begins, it is due for payment immediately. For mandates based on time spent, the payment conditions are recorded separately in writing.

 

effectiveness

These general terms and conditions for permanent positions / mandate orders come into force when the order is placed, a vacancy is reported and when IP receives application documents from a candidate.

 

Data Protection

The parties undertake to comply with the relevant provisions of the data protection law at all times. Within the framework of the respective contract, the personnel service provider is entitled to collect and process the data of the customer's employees, managing directors and other staff and to use and disclose this data for all purposes related to the performance of the contract. This includes in particular the transmission of data abroad for the aforementioned purposes that may be necessary to fulfill the contract. In addition, the personnel service provider is expressly authorized to process data about the customer in any form and to disclose it to any group companies or third parties abroad. The consent also includes use for marketing purposes. The customer expressly declares that this consent has been given and the personnel service provider can request this declaration of consent from the customer at any time.

 

jurisdiction

For disputes arising from this contractual relationship, the place of jurisdiction shall be the registered office of the IP with which the client is connected.

Thalwil, July 2023