General Terms and Conditions

1. The supply of personnel shall establish a contractual relationship solely between the customer and TEILZEIT THIELE. As a result, agreements governing the type of employment, working hours, term of the contract and special agreements shall only be effective if and insofar as they have been entered into together with TEILZEIT THIELE. Unless they are immaterial, any deviations herefrom may only be undertaken with TEILZEIT THIELE’s consent; the customer’s wishes shall be taken into account to the greatest possible extent.

2. On the basis of the personnel leasing agreement, TEILZEIT THIELE shall undertake to provide the customer with staff who are willing to work and who meet the required professional and technical qualifications at the time and place agreed. TEILZEIT THIELE’s liability for any fault in this selection shall be limited to intent and gross negligence. TEILZEIT THIELE has no duty to verify letters of reference or other documents of the employee’s. Beyond selecting the employee, TEILZEIT THIELE shall bear no liability for any work performed by said employee. TEILZEIT THIELE shall therefore not be held liable for damages the employee causes on the occasion of their working for the customer, and shall make no guarantees as to the quality of work or output. TEILZEIT THIELE shall be entitled to switch out individual employees during the term of the contract. In the event of delay or the inability to fulfil its obligations, as well as in other cases of liability, TEILZEIT THIELE’s liability shall be limited to intent and gross negligence.

3. The customer shall have the right to instruct employees of TEILZEIT THIELE. The customer may specify the type and quality of work. The customer shall be responsible for assignment and training the employee for the specific task. It shall supervise the employee of TEILZEIT THIELE and shall monitor said employee’s work. The customer shall provide the employee of TEILZEIT THIELE with tools and materials free of charge. Within the scope of the maximum working hours agreed, the employee shall be bound to adhere to the working hours situation at the customer’s business. The employee shall be subject to the rules in place at the customer’s business. The customer shall comply with the public occupational health and safety provisions applicable to its business and shall do so with respect to the employee of TEILZEIT THIELE. In particular, prior to starting work, the customer shall undertake to instruct the employee of TEILZEIT THIELE on the accident prevention regulation applicable to its business and the respective workplace, and shall, in particular, ensure that it provides the employee with the safety equipment and protective clothing recommended for the performance of the respective job. Furthermore, it shall safeguard the items brought in by the employee. The customer shall grant the employee of TEILZEIT THIELE the same duty of care its other employees enjoy. The customer shall be considered the employer as defined by the German Law on Labour Leasing (Arbeitnehmerüberlassungsgesetz)

4. Invoices shall be sent to the customer on a weekly basis, however no less that once per month. Because this contract concerns wage claims, such invoices shall be immediately due and payable at no discount. TEILZEIT THIELE shall be entitled to request interest on late payments at 8% above the applicable European Central Bank (ECB) discount rate. Additional claims for interest shall remain unaffected. Invoicing shall be based on a report of activity, which the employee must submit to the customer or its duly authorised representative each week to be signed off on. The customer may only set off amounts in the event of undisputed or legally enforceable claims. Set-offs shall be excluded in all other instances.

5. Employees of TEILZEIT THIELE shall not be authorised to collect receivables. The customer shall not provide employees of TEILZEIT THIELE with any wage or other advance compensation. Payments to employees shall not be recognised by TEILZEIT THIELE and may therefore not be passed to account under any circumstances.

6. The contract may be ordinarily terminated by either party with a required notice period of fourteen (14) days. Should this notice period not be observed, TEILZEIT THIELE shall be entitled to invoice the customer for the amount that would have resulted had the ordinary notice period been observed. Termination may only be announced to TEILZEIT THIELE, not to the employee.

7. Should the employee of TEILZEIT THIELE not satisfy the customer’s wishes, TEILZEIT THIELE must be informed of this immediately. Tardiness or failure to appear on the part of the employee must also be reported to TEILZEIT THIELE immediately.

8. Pursuant to Sec. 9 of the German Working Time Act (Arbeitszeitgesetz [ArbZG]), Sunday and holiday work shall not be permissible for our employees without prior special approval unless the customer is legally exempt from this provision. Similarly, the daily working time of ten (10) hours as stipulated by Sec. 3 ArbZG shall not be exceeded.

9. Overtime surcharges shall be based on the customer’s weekly working hours in accordance with their occupation and/or collective wage agreement.

  • 25% for the first two hours
  • 50% after the second hour
  • For Saturday work, 25% for the first two hours
  • 50% after the second hour
  • Sunday work 70%
  • Holiday work 150%
  • Late work (14:00 to 22:00) 10%
  • Night work (22:00 to 6:00)
  • if not overtime 15%
  • Night work if overtime 50%
  • Dirty work allowance 10%

10. The place of jurisdiction for all legal disputes resulting from this contract shall be the location of the issuing branch of TEILZEIT THIELE.

11. No ancillary agreements to this Agreement have been made. Amendments and addenda must be made in writing. The same shall apply to a waiver of this requirement for the written form.

12. If individual provisions have not become part of the contract or are ineffective or are not enforced, the contract as a whole shall remain effective. If and insofar as provisions have not become part of the contract or are ineffective, the content of the contract shall be determined in accordance with the statutory provisions. In such cases, the provision most closely permissibly approximating the proposed intent of the contract shall be deemed to have been agreed.

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