Status: 25.05.2022

1 General

The following General Terms and Conditions (GTC) apply to all services provided or to be provided by PPA Norbert Leicht Dienstleistungen GmbH (hereinafter: personnel service provider) under and in connection with employee leasing contracts.
Deviating general terms and conditions of the client (hereinafter: client) shall not apply even if the personnel service provider does not expressly object or the client declares that it only wishes to conclude the contract on its own terms.

2 Conclusion of contract

2.1.
The contractual relationship shall come into effect through the personnel service provider’s offer in accordance with the temporary employment contract and these General Terms and Conditions and the client’s written declaration of acceptance with the signing of the temporary employment contract.
The client is aware that the personnel service provider has no obligation to perform if the signed contract document is not returned by the client (Section 12 para.
1 Temporary Employment Act (hereinafter: AÜG)).
2.2.
If the Client intends to entrust the Temporary Worker with the handling of money and/or valuables, it shall conclude a separate agreement with the Personnel Service Provider in advance.
2.3.
The personnel service provider is a member of the Interessenverband Deutscher Zeitarbeitsunternehmen e.V. The personnel service provider declares that the employment contracts it has concluded with the temporary workers assigned to the client include the iGZ-DGB collective bargaining agreement, including the industry supplement collective bargaining agreements, in their respective valid version.
2.4.
The Client warrants that no employee deployed within the scope of the individual employee leasing contracts has left an employment relationship with the Client itself or a company affiliated with the Client within the meaning of Section 18 of the German Stock Corporation Act (AktG) in the last six months prior to the start of deployment specified in the individual employee leasing contract.
2.5.
The Client warrants that no employee deployed under the temporary employment contracts has worked for the Client via another personnel service provider in the last three months and one day.
Otherwise, the client shall inform the personnel service provider of the shorter interruption.
In this case, previous assignments shall be taken into account when agreeing the duration of the assignment.
2.6.
If the personnel service provider provides the client with workers within the meaning of § 1b sentence 1 AÜG (prohibition of hiring out to the main construction industry), the client confirms that the assignment company does not predominantly perform trades within the meaning of § 1 of the Construction Companies Ordinance.
The client is obliged to inform the personnel service provider immediately of any change.

3 Labor law relationships / chain leasing

3.1.
The conclusion of this agreement does not establish an employment relationship between the temporary worker and the client.
The personnel service provider is the temporary worker’s employer.
The personnel service provider assures the client that only employees who are in an employment relationship with the personnel service provider will be provided. 3.2.
Der Auftraggeber sichert zu, dass er Zeitarbeitnehmer weder offen (offengelegte Arbeitnehmerüberlassung) noch verdeckt (verdeckte Arbeitnehmerüberlassung, z.B. Scheinwerkverträge) weiter überlässt (kein Kettenverleih).
3.3.
Für die Dauer des Einsatzes bei dem Auftraggeber obliegt diesem die Ausübung des arbeitsbezogenen Weisungsrechts.
Der Auftraggeber wird dem Zeitarbeitnehmer nur solche Tätigkeiten zuweisen, die dem mit dem Personaldienstleister vertraglich vereinbarten Tätigkeitsbereich unterliegen und die dem Ausbildungsstand des jeweiligen Zeitarbeitnehmers entsprechen.
Im Übrigen verbleibt das Direktionsrecht bei dem Personaldienstleister.

4 Duties of care and cooperation of the client / occupational health and safety

4.1.
The Client shall assume the duty of care in connection with occupational health and safety measures at the Temporary Worker’s place of employment (Section 618 BGB, Section 11 (6) AÜG).
In this respect, it shall indemnify the personnel service provider against all claims of the temporary worker and other third parties resulting from the failure to fulfill this obligation or to fulfill it adequately.
4.2.
If official permits are required for the deployment of the temporary workers 4.2.1.
If official permits are or become necessary for the assignment of the temporary workers, the client undertakes to obtain these before the temporary worker commences employment and to submit the permit to the personnel service provider on request; 4.2.2.
If occupational health check-ups are required, these shall be carried out by the personnel service provider before the start of the temporary employment and evidence of these shall be provided to the client; 4.2.3.
If follow-up examinations become necessary, the client shall inform the personnel service provider of this in writing.
Follow-up examinations shall be carried out by the company doctor responsible for the client or, if no such doctor is available, by a company doctor appointed by the personnel service provider at the expense of the personnel service provider.
A different cost allocation can be agreed.
4.3.
The client is obliged to comply with the statutory occupational health and safety and accident prevention regulations.
In particular, the client is obliged to 4.3.1.
in accordance with § 5 ArbSchG, to determine the hazards associated with the temporary worker’s work before the temporary worker commences work and to take suitable protective measures in accordance with the state of the art before the temporary worker commences work; 4.3.2.
to instruct the temporary worker adequately and appropriately on safety and health protection at the relevant workplace in accordance with § 12 ArbSchG before the temporary worker starts work;
4.3.3.
to implement the provisions of the Working Hours Act for the respective assignment in the client’s company.
Employment of the temporary worker for more than 10 hours per working day requires agreement with the personnel service provider.
Work in excess of 10 hours per working day may only be performed if this is permitted by a collective agreement or a works agreement based on a collective agreement of the client pursuant to Section 7 of the Working Hours Act or an official permit or in an exceptional case within the meaning of Section 14 of the Working Hours A4.3.4.
in the event of work on Sundays or public holidays, to provide the personnel service provider with proof that the employee is authorized to work on Sundays or public holidays;
4.3.5.
to report an accident at work to the personnel service provider immediately and to provide it with all information required under Section 193 (1) SGB VII.
The personnel service provider shall report the accident at work to the responsible accident insurance institution.
4.4.
The client shall provide the personnel service provider with documentation that meets the requirements of Section 6 ArbSchG immediately after the temporary worker has been assigned.
4.5.
In order to fulfill its employer obligations, the personnel service provider shall be granted access to the employees’ workplaces during working hours in consultation with the client.
4.6.
The personnel service provider shall inform and instruct its employees about applicable accident prevention regulations, safety rules and instructions.
The client must provide workplace-specific occupational health and safety instructions before the deployed employees commence work.
The instruction must be documented by the client and a copy given to the personnel service provider.
4.7.
If temporary workers of the personnel service provider refuse to perform work due to missing or inadequate safety equipment or precautions at the client’s premises, the client shall be liable for the resulting downtime.

5 Prejection / replacement of temporary workers

5.1.
The Client shall be entitled to reject a temporary worker by written declaration to the personnel service provider if there is a reason that would entitle the personnel service provider to terminate the employment relationship with the temporary worker for cause (Section 626 BGB).
The client is obliged to explain the reasons for the rejection in detail.
In the event of rejection, the personnel service provider shall be entitled to assign other temporary workers of equal professional quality to the client.
5.2.
If the client determines within the first four hours that a temporary worker of the personnel service provider is not suitable for the intended activity and insists on a replacement, the client shall not be charged for up to four working hours after prior consultation.
5.3.
In addition, the personnel service provider shall be entitled at any time to replace temporary workers assigned to the client for organizational or legal reasons and to assign temporary workers of equal technical value.

6 Notification obligations / adjustment of the billing rate

6.1.
The assignment to a company of the Client other than the one specified in the temporary employment contract, the exchange of employees within the company and the assignment of activities other than those agreed in this contract shall require the consent of the personnel service provider.
The client is obliged to inform the personnel service provider in good time in advance if the temporary worker is to be deployed abroad. Changes to the place of assignment and the area of work entitle the personnel service provider to change the hourly rate.
6.2.
The Client shall inform the personnel service provider immediately of any change in the activities of the leased employees, also against the background of minimum wage obligations under the Posted Workers Act.
The parties agree that the personnel service provider is entitled to adjust the agreed hourly rate if the activity performed becomes subject to minimum wage or if the minimum wage increases.
6.3.
The Client undertakes to provide the Personnel Service Provider, without being requested to do so, with a copy of any collective agreements that may apply to it in the future and that provide for a deviation from the future maximum assignment period of 18 months and/or any company agreements that may apply in the future at the Client’s company to which the Personnel Service Provider assigns employees and that provide for a deviation from the future maximum assignment period of 18 months on the basis of a collective agreement.
This shall apply in particular if a collective agreement and/or a works agreement provides for a shorter maximum duration of assignment than 18 months.
6.4.
The client shall inform the personnel service provider if and insofar as it grants temporary workers access to its shared facilities.
The client shall inform the personnel service provider immediately of any changes in this regard.

7 Personnel selection / personnel deployment / strike

7.1.
The personnel selection shall be carried out by the personnel service provider on the basis of the requirement profiles agreed in the textual notification of requirements.
7.2.
The personnel service provider undertakes to select suitable personnel for the intended work.
In the case of requested qualifications for which a recognized training occupation exists, the personnel service provider undertakes to select and provide the client only with personnel who have successfully completed this vocational training.
Any deviations must be agreed in writing.
7.3.
The personnel service provider shall ensure that the employees deployed, provided they are not nationals of an EEA state or Switzerland, are authorized to take up employment on the basis of regulations under immigration law.
Upon request by the Client, the personnel service provider shall provide corresponding proof.
7.4.
The personnel service provider shall be entitled to replace employees employed by the client with other employees at any time, provided that these employees meet the agreed requirement profiles.
The Client must be informed of this immediately.
7.5.
The Client shall be entitled to the replacement of the temporary worker if the latter is not suitable for the intended activity.
The lack of suitability must be proven accordingly.
The client is also entitled to this claim if there are reasons that would entitle him to extraordinary termination in the case of his own employer position (§ 626 BGB). If the client is of the opinion that there is a claim for replacement within the meaning of this paragraph and therefore wishes to terminate the assignment of the employee concerned, he must inform the personnel service provider immediately and give reasons for the replacement.
7.6.
If the leased employee does not commence work for the client or does not commence work on time, the client shall inform the personnel service provider of this immediately.
If the client fails to notify the personnel service provider immediately, the client shall not be entitled to any claims against the personnel service provider arising from or in connection with the temporary worker’s failure to commence work or to commence work on time.
7.7.
If the client’s business is on strike, the client may not allow any temporary workers to work in the business, contrary to the provision in Section 11 (5) AÜG.
In addition, the prohibition of deployment for strikes initiated by member unions of the DGB collective bargaining association also applies to employees already deployed before the start of the industrial action.
Accordingly, the temporary worker will not be deployed in companies or parts of companies that are duly on strike within the scope of the strike call.
The client shall ensure that no temporary workers are deployed to the extent of the ban on deployment.
In this respect, the personnel service provider is not obliged to provide employees.
The parties to the industrial action may deviate from the above provisions in individual cases and agree on the use of temporary workers (e.g. in emergency service agreements).
Section 11 (5) sentence 2 AÜG shall apply in this respect.
The client shall inform the personnel service provider immediately of an ongoing or planned strike.

8 invoicing / price adjustment

8.1.
All billing rates stated by the personnel service provider are net rates.
The personnel service provider shall invoice the client at the end of the assignment – weekly if the assignment continues – showing the statutory VAT, unless the parties expressly agree a different invoicing method.
8.2.
Invoicing shall be based on the hours actually worked, whereby at least the agreed working hours shall be invoiced.
The working hours for each leased employee shall be documented by activity sheets, which shall be completed weekly for each leased employee and signed by an authorized representative of the client after a factual check.
The leased employees must use the instruments provided by the client (time sheet/electronic working time recording), insofar as these are available.
8.3.
The client is obliged to enable a prompt issue of the activity report.
The time sheets must show the start and end of the daily working hours including breaks.
Overtime must be shown separately.
8.4.
The invoice amounts are due immediately – without deduction – upon receipt by the client of the statement issued by the personnel service provider. The client shall be in default if the invoice amount is not credited to the personnel service provider’s business account within 10 calendar days of receipt of the invoice.
A prior reminder is not required (Section 286 (2) BGB).
§ Section 288 BGB (default interest) shall apply.
8.5.
The temporary workers provided by the personnel service provider are not authorized to accept advances or payments on the statements issued by the personnel service provider.
Payments to the temporary worker shall have no effect on performance.
8.6.
If the client is (partially) in arrears with the payment of remuneration, the remuneration for all hours not yet invoiced, the completion of which the client has already confirmed by signing a statement of activities, shall become due immediately.
The personnel service provider shall be entitled to refuse performance in the event of non-performance by the client.
8.7.
In the event of default of payment by the client, the personnel service provider shall be entitled to charge default interest in accordance with § 288 para.
2 BGB (German Civil Code) to demand default interest of 9 percentage points above the base interest rate.
In this case, the Client reserves the right to prove that the personnel service provider has not incurred any damage or has not incurred damage to this extent.
8.8.
The personnel service provider shall be entitled to adjust the temporary employment remuneration agreed in the temporary employment contract at its reasonable discretion if there are changes in the cost situation.
Reasonable discretion presupposes that the adjustment only takes into account the new cost situation, e.g. due to an increase in remuneration in the iGZ-DGB collective agreement, due to the validity of a new industry surcharge collective agreement that has come into force or has not previously been applicable, or due to changes in equal pay.
The above shall also apply if the activity performed becomes subject to minimum wage or if the minimum wage increases.

9 Exclusion of offsetting, right of retention and assignment

9.1.
The Client is not entitled to offset claims against claims of the personnel service provider or to assert a right of retention unless the counterclaim asserted by the Client is undisputed or has been legally established.
9.2.
The client is not entitled to assign claims of the personnel service provider to third parties.

10 Warranty / Liability

10.1.
The personnel service provider shall ensure that the employees deployed have the necessary qualifications.
At the request of the client, the personnel service provider shall provide proof of qualification.
10.2.
In view of the fact that the temporary workers carry out their work under the direction and supervision of the client, the personnel service provider shall not be liable for any damage caused by them in the course of or in connection with their work.
The client indemnifies the personnel service provider against any claims that third parties may make in connection with the execution and performance of the activities assigned to the temporary workers.
10.3. Otherwise, the liability of the personnel service provider and its legal representatives and vicarious agents is limited to intent and gross negligence.
This limitation of liability shall not apply to damages resulting from injury to life, limb or health.
This applies to both statutory and contractual liability, in particular in the event of default, impossibility, inability, breach of duty or tort.
In particular, the personnel service provider shall not be liable for the work results of the temporary workers or damage caused by them in the course of or in connection with their work or incurred by the client due to unpunctuality or absence of the temporary workers.
10.4.
The client shall indemnify the personnel service provider against all claims that arise for the personnel service provider from a breach by the client of the assurances and obligations arising from this contract (e.g. inspection and notification obligations).
The personnel service provider undertakes to invoke the relevant preclusion periods vis-à-vis any claimants.

11 Takeover of temporary workers / placement commission

11.1.
A placement shall be deemed to have taken place if the client or a company legally or economically affiliated with the client enters into an employment relationship with the employee of the personnel service provider during the term of the temporary employment contract.
A placement also exists if the client or a company legally or economically associated with the client enters into an employment relationship with the temporary worker within 6 months of the end of the assignment, but no more than 12 months after the start of the assignment.
In this case, the client reserves the right to prove that the employment relationship was not concluded on the basis of the previous assignment.
11.2.
A placement shall also be deemed to have taken place if the client or a company legally or economically affiliated with the client enters into an employment relationship directly after the personnel service provider has established contact with the applicant without a prior assignment.
11.3.
The time at which the employment relationship between the client and the temporary worker is established is not the time at which the temporary worker starts work, but the time at which the employment contract is concluded.
11.4.
The client is obliged to inform the personnel service provider whether and when an employment contract has been concluded.
If, in the event of a dispute, the personnel service provider presents evidence for the existence of an employment relationship between the client and the temporary worker, the client shall bear the burden of proof that an employment relationship was not entered into.
11.5.
In the cases of para. 11.1. and 11.2. the client must pay a placement commission to the personnel service provider.
Temporary employment relationships are subject to commission to the same extent as permanent employment relationships. The amount of the placement commission is 3 gross monthly salaries if the temporary employee is taken on directly without prior assignment and 3 gross monthly salaries if the temporary employee is taken on within the first 3 months after the start of the assignment, and 2.5 gross monthly salaries if the temporary employee is taken on within the 4th to 6th month after the start of the assignment.
6th month after the start of the assignment 2.5 gross monthly salaries, in the case of a takeover within the 7th to 9th month 2.0 gross monthly salary and for a takeover within the
10th to 12th month after the start of the assignment 1.0 gross monthly salary.
11.6.
The basis for calculating the agency commission is the gross monthly salary agreed between the client and the temporary worker, but at least the gross monthly salary agreed between the personnel service provider and the temporary worker.
The client shall provide the personnel service provider with a copy of the signed employment contract.
In the event of interruptions in the assignment, the start of the last assignment prior to the establishment of the employment relationship shall be decisive.
The placement commission is payable plus
plus the statutory value added tax.
The commission is payable 14 days after receipt of the invoice.
11.7.
If the employee works for the client on the basis of a freelance contract or a contract with a self-employed person, the provisions shall apply accordingly with the proviso that the monthly fee agreed between the client and the employee shall form the basis of the calculation instead of the gross monthly salary.
11.8.
The above provisions shall also apply if the Employee is placed in a training relationship with the Client.
In this case, the basis for calculating the placement commission shall be the gross training remuneration agreed between the client and the temporary worker, but at least the gross monthly salary last agreed between the personnel service provider and the temporary worker.

12 Contract term / termination

12.1.
If the temporary employment contract was not concluded for a fixed term, it shall run for an indefinite period.
In the first week of the temporary worker’s assignment, the client is entitled to terminate the contractual relationship with a notice period of one working day.
Otherwise, both parties shall be entitled to terminate the agreement with three working days’ notice to the end of a calendar week, unless the parties agree otherwise.
12.2.
This shall not affect the right to extraordinary termination.
Both contracting parties shall have an extraordinary right of termination with one month’s notice to the end of the month if the AÜG should be fundamentally amended.
In particular, the personnel service provider shall be entitled to terminate this agreement without notice if 12.2.1.
insolvency proceedings have been applied for against the Client’s assets, insolvency proceedings have been opened or dismissed for lack of assets, or such proceedings are imminent.
12.2.2.
the client fails to settle a due invoice even after a reminder has been sent and a deadline set.
12.2.3. the Client breaches the warranties and obligations within the meaning of para.
10.4.
is breached.
12.2.4.
the client requests a price adjustment in accordance with para. 8.8. is not accepted.
12.3.
Termination of this agreement by the client shall only be effective if it is declared to the personnel service provider in text form.
The temporary workers provided by the personnel service provider are not authorized to accept notices of termination.

13 Confidentiality / Data protection

13.1.
The contracting parties undertake to treat all information of which they become aware during the cooperation, including all personal data of the temporary workers provided, as strictly confidential.
The same applies to all knowledge gained about internal business processes and procedures of the contracting parties.
This does not apply to all data and information that is in the public domain or generally known.
13.2.
The contracting parties undertake to treat the information, data and knowledge obtained with the utmost care.
They shall take such precautions as are necessary to protect the information and data, but at least those precautions with which they protect particularly sensitive information about their own company.
They further undertake to process the information and data received exclusively for the purposes of the agreed service provision and not to use it for any other purpose, nor to forward it to third parties or make it accessible to them.
13.3.
The contracting parties also undertake to comply with the requirements of the data protection laws.
The respective employees shall be obliged to maintain data secrecy.
13.4.
The obligations set out in this Clause
shall continue to apply even after termination of the cooperation between the parties.
The Client undertakes to delete the information and data of which it has become aware immediately after termination, provided that this does not conflict with statutory retention obligations.
Data carriers received from the personnel service provider must be returned or destroyed.

14 Final provisions / severability clause

14.1.
Amendments and additions to the agreement between the parties must be made in writing to be effective.
This also applies to any change to the written form requirement itself.
Instead of the written form, the electronic form (§ 126a BGB) may also be used.
The temporary workers provided by the personnel service provider are not entitled to agree amendments, supplements or ancillary agreements to the temporary employment contract with the client.
14.2.
The place of jurisdiction for all disputes arising from and in connection with the contractual relationship between the personnel service provider and the client shall be the registered office of the respective branch of the personnel service provider that has concluded this temporary employment contract, provided that the client is a merchant. The personnel service provider may also assert its claims before the courts of the client’s general place of jurisdiction.
14.3.
The law of the Federal Republic of Germany shall apply exclusively to all legal relationships between the personnel service provider and the client.
14.4.
The personnel service provider declares that it will not participate in a procedure for alternative dispute resolution in consumer matters in accordance with the Act on Alternative Dispute Resolution in Consumer Matters.
14.5.
Should any provision of these General Terms and Conditions or the employee leasing agreements concluded on this basis be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
The invalid provision shall be replaced by a provision that comes closest to the economic purpose.