Conditions
I. General
1.Offers, order confirmations and contracts from Turbo-Work GmbH in the field of temporary employment and personnel placement.
2.Since October 23, 2020, Turbo-Work GmbH has had the unlimited license for commercial temporary employment (ANÜ) in accordance with Section 1 of the German Temporary Employment Act ((AÜG), issued by the Nuremberg State Employment Office. Turbo-Work GmbH is the legal successor to the individual company VORRATA GmbH Zeitarbeit This sole proprietorship was granted permission for ANÜ on March 1st, 1993.
3.With these General Terms and Conditions of Turbo-Work GmbH (status: 01.01.2023) all previous These General Terms and Conditions (AGB) are part of all future n terms and conditions are replaced; earlier general terms and conditions are no longer effective. Any conflicting terms and conditions of the client will be waived by the
Company Turbo-Work GmbH expressly contradicted.
4.The deadline for terminating contracts or agreements is 5 working days to the weekend, unless otherwise agreed in writing. Notice of termination must always be given in writing.
5.The law of the Federal Republic of Germany applies exclusively to all contractual agreements between Turbo-Work GmbH and the client.
6.Should a provision or part of a provision of these GTC be wholly or partially void, this shall not affect the validity of the remaining provisions.
7.The place of performance and exclusive place of jurisdiction for mutual contractual and post-contractual claims is the registered office of Turbo-Work GmbH, ie Mannheim.
​
II. Temporary Employment
1.The company Turbo-Work GmbH expressly declares as a contractor in the context of temporary employment that all current social benefits for the employees assigned to the customer are paid by the company Turbo-Work GmbH.
2.All employees hired out by Turbo-Work GmbH are insured with the administrative trade association. In the event of an accident, the client is obliged to report it in accordance with § 193 SGB VII.
3.The implementation of first aid measures at the customer's is to be guaranteed.
4.The hired employee must comply with the client's working hours and carry out the work assigned to him properly and cleanly in compliance with all applicable legal regulations. The client is obliged to observe the statutory working time regulations and compliance with the maximum working time.
5.The hired employee is subject to confidentiality with regard to remuneration and all business transactions with the customer.
6.The temporary employee is paid exclusively by Turbo-Work GmbH. No payments (deductions, etc.) may be made by the customer to the employee. No liability is assumed for any payments made to the employee by the client. Set-off is also refused.
7.Since the employee works under the supervision and direction of the client, Turbo-Work GmbH is not liable for any damage. This also applies to intentional conduct if permitted by law. The customer exempts Turbo-Work GmbH from any third-party claims that may arise in connection with the execution and performance of the work assigned to the employee.
8th.Temporary employees who are absent due to illness can be replaced by Turbo-Work GmbH. There is no obligation.
9.The billing by the company Turbo-Work GmbH takes place on the basis of the activity reports signed by the client. The client is obliged to check the activity reports submitted by the leased employee and to confirm them by signing them. If the client does not meet this obligation, the records of the employee provided shall apply. In cases where the client informs Turbo-Work GmbH of the duration of the activity, these are deemed to have been approved after confirmation by the employee.
10In exceptional circumstances, Turbo-Work GmbH can withdraw from an order or postpone it. This also includes the fact that it was difficult or impossible to start work (also due to a possible objection by the works council) or non-payment of the invoices by the client. The employee(s) may be deducted without notice
gen. Compensation for damages cannot be derived from this.
11. According to § 12 AÜG, every agreement between the client and the contractor must be in writing. This also applies to ancillary agreements. With the signing of the employee leasing contract (AÜV), the conditions of the company Turbo-Work GmbH are considered accepted, even if the customer has not expressly confirmed this separately or if different conditions may even be asserted.
12.The hourly rates apply plus the agreed surcharges (e.g. for overtime
den, night work, shift work, work on Sundays and public holidays) and, if applicable, the provision of tools or additional expenses due to the external assignment of the temporary employee and plus the statutory value added tax. The following surcharges apply: 25% for night work (8 p.m. to 6 a.m.), 25% for overtime (outside the regular operational and contractually agreed standard working hours of the client), 50% for Saturday work, 100% for Sunday and public holiday work, 150% on May 1st, Easter and Christmas holidays and New Year's Day. If different surcharges come together, the higher surcharge will be charged.
13.Turbo-Work GmbH reserves the right to increase the hourly rates accordingly if, after the contract has been concluded, wage increases and industry surcharges are incurred or the employee is employed in a job that corresponds to a higher classification.
14The invoices are created weekly based on the activity reports signed by the customer. At the end of the working week or after the end of the assignment, the client is obliged to sign the activity reports submitted by the employee and make them available to Turbo-Work GmbH. By signing the activity reports, the customer bindingly confirms the activity time and duration stated there.
15The invoice amount is due immediately upon receipt of the invoice and must be paid within 10 days of the invoice date at the latest without deduction.
16. The client undertakes to employ the temporary employee only within the legally permissible working time limits. If a longer period of employment is required, the customer must obtain such approval from the state occupational safety and supervisory authorities.
17The client is obliged to inform Turbo-Work GmbH in writing of any foreign assignment of the temporary employee that has not been expressly agreed beforehand before crossing the border. The client is fully liable for the consequences of a foreign assignment not previously agreed and is also obliged to indemnify Turbo-Work GmbH from third-party claims.
en which arise as a result of the breach of this obligation.
18The client assures that employees of the company Turbo-Work GmbH will not be used in a construction company within the meaning of §§ 211 ff SGB III in conjunction with the Baubetriebe -VO (including asbestos removal) or will mainly provide construction services, nor the workers only occasionally or temporarily to be employed in a construction department within the meaning of the construction company regulation (including asbestos removal) with work that is usually carried out by workers.
​
III. Personnel placement after prior employee leasing and exclusive personnel placement
1.Turbo-Work GmbH is also active as a recruiter. The client undertakes to pay Turbo-Work GmbH a fee for the placement activity if the client wishes to take over the employee.
2.Personnel placement after previous employee leasing
If the client establishes an employment relationship with the employee of Turbo-Work GmbH within a period of 12 months after the end of the leasing period, a placement commission is to be paid to Turbo-Work GmbH on the basis of the personnel placement contract concluded at the same time as the employee leasing contract. This applies regardless of whether the conclusion of the employment contract is based on the initiative of the client or that of the employee. The employment of the employee in a company that is legally or economically affiliated with the client is also to be understood as acceptance into an employment relationship. The placement fee is twice the expected gross monthly salary of the employee at the client, plus statutory value added tax. If the leasing period is less than 12 months, the agency fee is reduced by 1/12 per month of use. The agency fee does not apply to an agreed leasing period of 12 months. The placement fee is due for immediate payment when the employee starts working for the client or when an employment contract is concluded between the employee and the client. The placement fee must also be paid if employment is obtained within the following 12 months with the same client without prior hiring out of employees as a result of job interviews that have been arranged.
3.Pure personnel placement (without hiring out employees)
The placement fee for an exclusive placement (without prior assignment) is 2 gross monthly salaries plus statutory VAT after the employee/applicant/freelancer has signed the employment/employment or service or work contract. The placement fee is due for payment immediately , unless expressly agreed otherwise in writing. This also applies to companies that are legally or economically affiliated with the client. The mediation is deemed to have taken place when the employee was introduced to the customer by Turbo-Work GmbH or is known to him through the company.
IV. Enticement of internal employees of Turbo-Work GmbH
1.The respective contractual partner shall refrain itself and/or through third parties from poaching employees employed by Turbo-Work GmbH, in particular personnel dispatchers, and/or offering them an employment contract in the event of termination by these employees. In the event of an infringement of the above, the client (borrower) undertakes to
to pay Turbo-Work GmbH a contractual penalty of €7,500 for each case of infringement.
V. Warranty and Liability
1.The employees made available or mediated were checked by Turbo-Work GmbH for their professional suitability and were only assigned to the client for the execution of the contractually specified activity or mediated for the requested work. If the customer implements or takes up a non-contractually regulated activity of the employee, this is a contract change and must therefore be reported to Turbo-Work GmbH immediately. A general liability of the company Turbo-Work GmbH does not exist. The company Turbo-Work GmbH is only liable for the assignment of an employee for a selection fault with regard to the agreed activity. If the client is not satisfied with the work performance of the employee provided, he can report this on the first day of the assignment. Turbo-Work GmbH is not responsible for the work performed by a recruited employee. Turbo-Work GmbH will provide or mediate a substitute as far as possible and reasonable.
VI. Declaration of confidentiality regarding the DS-GVO and BDSG
1.With the employee leasing contract, the client undertakes to treat all information received between the parties, including all personal data of the temporary workers, as strictly confidential. The same applies to all knowledge gained about internal processes and processes at Turbo-Work GmbH. Excluded from this duty of confidentiality are all data and information that are obvious or generally known. The client ensures compliance with the obligation and guarantees that the information, data and knowledge obtained will be treated with the utmost care. He takes those precautions
Measures that are necessary to protect information and data, but at least those precautions with which he protects particularly sensitive information about his own company. He undertakes to process the information and data received exclusively for the purposes of the agreed service provision and not to use them for any other purpose, nor to forward them to third parties or make them accessible to them. The client also guarantees compliance with the requirements of data protection laws. This confidentiality obligation continues to apply even after the termination of this temporary employment contract. The client undertakes to delete the information and data that has become known to him immediately after completion. Data carriers received from Turbo-Work GmbH are to be returned or destroyed. The obligations arising from this agreement extend to all employees of the client.