Terms and Conditions
General terms and conditions of CONTIME GmbH
The General Terms and Conditions (GTC) of Contime GmbH, hereinafter referred to as Contime, are the basis of the temporary employment contract and apply to the implementation of all work on the basis of the Temporary Employment Act and the contracts and other agreements concluded in this context. By placing the order, the client recognizes the general terms and conditions of Contime as the sole decisive factor between him and Contime. This also applies to contradicting terms and conditions.
The temporary employment contract must be made in writing and can be concluded either by name for each employee or as a framework contract with name confirmations of order as an individual contract. The borrower undertakes to countersign the contract copies sent to him by Contime and to return a signed copy to Contime.
Contime insures, in possession of the license for the commercial leasing according to
§ 1 Paragraph 1 of the Temporary Employment Act (AÜG). The permit was granted for the first time on May 8th, 2007 by the Federal Employment Agency, Regional Directorate Bavaria in Nuremberg. Contime will immediately inform the borrower in writing of the time of a non-renewal or a possible loss of the permit. In the event of withdrawal and revocation, Contime will also point out the probable end of processing and the statutory processing period.
2. Collective bargaining agreement
Contime declares to agree the validity of the collective agreements concluded between the DGB collective agreement for temporary work and the iGZ e.V. from 25.09.2003 in the currently valid version in an individual contract with its employees. The remuneration and social benefits of Contime employees are based exclusively on this collective agreement in relation to Contime's employees and workers.
3. Legal status
The temporary employment contract does not establish a contractual relationship between the employees of Contime and the hirer. During the assignment, the Contime employees are subject to the hirer's work instructions and work under his guidance and supervision. The hirer only uses the temporary workers in accordance with the required qualifications.
The employees of Contime are obliged to maintain confidentiality in accordance with concluded employment contracts. The duty of confidentiality extends to all confidential and confidential business matters that you learn in the course of your work with the borrower.
If the provided Contime employee does not meet the agreed requirement profile of the hirer, the hirer is entitled to deregister this worker within four hours of starting work at Contime without Contime being charged for the employee's length of presence. Contime is to be informed immediately about this rejection of the worker and will try to provide a suitable worker to fulfill the order within the scope of its possibilities. This does not lead to the termination of the contract. Contime is entitled to provide a replacement within the framework of the conditions. If Contime cannot meet this requirement, for whatever reason, it will be released from this order or partial order free of charge. Liability for this is excluded.
The above regulations do not apply if the borrower has requested a specifically named employee. In this case, Contime is only liable if it is responsible for the non-appearance of this employee.
6. Use of Contime employees
Unless otherwise agreed in an individual contract, Contime leaves its employees to the headquarters of the hiring company that concludes the leasing contract with Contime. Changes to the place of use and the work area are not permitted without prior consultation with Contime and the associated adjustment of the billing rate.
The hirer will deploy Contime employees exclusively at the location and for the activities that have been agreed within the framework of the temporary employment contract. Contime employees are only used on machines and equipment of the hirer that correspond to their qualifications.
Contime employees are not authorized to receive funds, run errands or transport goods of any kind without prior express approval.
In cases of force majeure, e.g. B. Strike, Contime and its employees are released from their obligation to perform. In the event of a working time war in the hirer's company, the temporary worker is not obliged to take up work.
The borrower is obliged to inform Contime immediately about the absence of a Contime employee. If the borrower does not comply with this obligation, it is assumed that Contime has fulfilled your obligation to provide the requested personnel.
Contime can also exchange Contime employees for other equally suitable and qualified employees after consultation with the borrower during ongoing use.
7. Contime's obligations
Contime undertakes to comply with all employer obligations, in particular labor, social and wage tax regulations must be observed and complied with, and the corresponding payments must be made appropriately and on time. Contime will provide the borrower with staff who have been carefully checked for the required professional qualifications. It is in the interest of the hirer to convince himself of the professional suitability of the employee hired out to him before starting the intended activity.
8. Occupational safety and initial training
The employees of Contime are organizationally integrated into the hiring company and make use of the operational facilities and measures for occupational safety just like the employees of the hiring company.
The borrower undertakes to comply with the obligations under public law on occupational health and safety, as well as the statutory welfare obligations towards the employees. The hirer will inform the leased employee about the risk to safety and health to which the employee is exposed in the performance of his work and inform them about the measures and devices to avert danger before starting work and any implementation. He ensures that the accident prevention regulations are made known to the Contime employee and that they are complied with. The hirer provides any safety equipment required for the personal protective equipment of the Contime employee, unless otherwise agreed in an individual contract with Contime. The hirer will inform the employee about necessary special qualifications, professional skills and medical supervision as well as the handling of dangerous substances. In the event of exposure to noise or hazardous substances that are hazardous to health, Contime will be informed of this before the start of employment.
The borrower grants Contime access to the workplaces of its employees in order to comply with its employer obligations.
The hirer will immediately notify Contime in writing of an accident at work and / or commuting to the leased employee, i.e. on the day of the damage. Within the next 5 days, Contime receives a written accident report from the borrower for transmission to the statutory accident insurance.
9. Liability / Statute of Limitations
Contime, its legal representatives and vicarious agents do not assume any liability beyond the selection of the employee for any damage caused by the hired temporary worker, which he causes in the exercise or on the occasion of his work. The hirer indemnifies Contime from any claims that third parties should assert in connection with the execution and performance of the assigned work. In addition, liability for the violation of the obligation to select is limited to intent or gross negligence. This applies equally to legal as well as contractual liability, especially in the case of delay, impossibility, inability, breach of duty or tort.
All claims made against the borrower or his employees, regardless of the legal reason, expire 6 months after the claim arises. The period begins at the latest after the issuance of the invoice by the borrower, which relates to the period from which claims should be asserted.
If third parties raise claims against Contime or its employees in connection with the work of the temporary worker, the hirer is obliged to indemnify Contime and its employees, unless Contime is liable on the basis of the preceding provisions or other individual contractual agreements.
The billing of the hours worked for temporary workers is based on the stamp times according to the hours actually worked. If the hirer does not have an electronic time recording system or is not intended to be used by the temporary worker, billing is based on the time sheets issued by Contime. In this case, the hirer undertakes to confirm the weekly hours with the signature of an authorized representative that were actually performed by the employee who was hired out. The signature of the authorized representative must be confirmed by a company stamp.
By signing, the borrower confirms that the hours recorded are correct and that the work has been carried out properly. The time sheets are to be prepared weekly and signed on the last working day of the week. Any complaints must be reported to Contime immediately in writing. The borrower is not entitled to invoke complaints that are not received by Contime in writing within 3 days of the borrower's knowledge. Contime issues the hirer a weekly invoice based on the working hours of the temporary worker. The invoice must be paid within 14 days of the invoice date.
From the onset of default, Contime will charge the borrower default interest at a rate of 5% above the applicable base discount rate of the European Central Bank per annum plus any commissions and costs. Contime reserves the right to assert further damage. In addition, in the event of default, Contime is entitled to use the leased employee for other purposes. If the borrower is in default, Contime is also entitled to terminate the temporary employment contract with the borrower without notice and to demand compensation from the borrower for the remaining term of the contract.
If the time sheets cannot be presented to an authorized representative of the hirer for signature at the place of use, the Contime employees are entitled to confirm it instead.
The prices apply in principle per hour and temporary worker for the agreed activity, the specified location and without surcharges. The prices are net prices plus statutory VAT.
Changes to the location and / or the job profile require a prior adjustment of the respective charge rate for the temporary worker employed.
The remuneration owed by the customer and agreed with Contime is not affected in the case of a quantitatively and qualitatively lower deployment of the temporary worker.
11. Working hours and supplements
The regular working time is 40 hours per week. The calculation of overtime is based on the regular weekly working hours. The following surcharges apply as agreed for work performed beyond this working time.
From the 40th weekly working hour: overtime surcharge 25%
Night work between 8 p.m. and 6 a.m.: 25% night surcharge
Working on Sundays: Sunday surcharge 100%
Work on public holidays at the place of work: Holiday surcharge 100%
Working on Easter, Christmas or Whitsun holidays: holiday surcharge 150%
Working in shifts: shift surcharge 15%
Dirt and / or danger allowances: Dirt / danger surcharge 10%
The hirer is responsible for all obligations that exist under the Working Hours Act. He will only allow deviations from the Working Hours Act after submitting appropriate official approval. The borrower must ensure that such a permit is available. Such deviations are to be communicated and made accessible to Contime with approval prior to the deployment of the temporary worker. For assignments outside the Federal Republic of Germany, compliance with the country-specific working time regulations is also agreed. The borrower further undertakes to notify Contime in good time of any restriction on working hours.
12. Takeover of Contime employees
If the customer takes on / places a Contime-Service employee or a proven applicant, Contime-Service charges a commission of 2 gross monthly earnings for the relevant employee within the first 6 months of the first assignment or the placement date.
13. Adjustment Clause
In the event of changes in the statutory or tariff provisions, Contime reserves the right to adapt the agreed contractual conditions to the changed situation. Alternatively, Contime is entitled to terminate the contract with effect from the entry into force of the new statutory provisions. Contime also reserves the right to increase the hourly rates if, after the conclusion of the contract, tariff-related pay increases occur, if employees are exchanged for other employees with higher qualifications, or if circumstances for which Contime is not responsible cause costs to rise.
The leasing contract ends at the end of the period for which it was concluded. During this time, the contract cannot be terminated properly. If no leasing period has been agreed, Contime leaves its employees to the borrower for an indefinite period of time as part of a continuing obligation. In the case of contracts for an indefinite period, the contract can be terminated by either party within the first 5 working days with a notice period of 2 working days to the end of a working day. Any other written agreements take precedence. After this period, the contract can be terminated by either party with a notice period of 5 working days on the respective weekend. The right to extraordinary termination for good cause remains unaffected for both contracting parties. An important reason is the sustained violation of essential contractual obligations.
Such a reason exists in particular if:
- The borrower is in default of payment from this or another contract with Contime.
- The borrower refuses to fulfill his obligation.
- The borrower applies for insolvency or composition proceedings to be opened.
- Enforcement measures that appear to jeopardize contractual fulfillment mean that the borrower does not fulfill his obligation to comply with accident prevention regulations or occupational health and safety regulations as well as the Working Hours Act.
15. Right of retention, prohibition of set-off, prohibition of assignment
Contime is entitled to withhold its services if the borrower does not fulfill his obligations from this or an earlier temporary employment contract or from any other business relationship with Contime in whole or in part and Contime has already set him a reasonable grace period to fulfill.
A set-off or assertion of a right of retention on the part of the borrower is only possible insofar as the claims are undisputed or legally recognized.
The borrower is not entitled to transfer rights from contracts with the lender to third parties. He is not entitled to assert rights of retention against the lender or to offset counterclaims that are not recognized in writing or have been legally established.
16. Sunset Clause
The customer shall notify Contime immediately of all complaints, insofar as they are not regulated by the above-mentioned paragraphs. If defects are not reported within one week of their occurrence, all claims are excluded.
17. Place of jurisdiction
For legal disputes that arise from the business relationship between Contime and the borrower, the exclusive place of jurisdiction, including documents, bills of exchange and checks, is Würzburg. German law applies.
18. Written form
Changes and additions to contracts between Contime and the borrower must be made in writing. This also applies to changes to the written form requirement itself. Any changes or additions made without adhering to this form are ineffective. The leased temporary workers are not entitled to make changes, additions or ancillary agreements to the leasing contract with the hirer.
19. Severability Clause
Should any provision of these general terms and conditions be or become ineffective, the validity of the remaining provisions and the contracts concluded between the parties shall not be affected. In this case, the parties undertake to replace the ineffective provision with a valid provision that comes as close as possible to these interests and meaning.