GTC

Baltic Jobs GmbH has an unlimited permit for commercial contract staffing. It was granted by the Regional Directorate North of the Federal Employment Agency on May 25, 1991. Baltic Jobs GmbH shall apply the collective agreement agreed between the German Association of Temporary Employment Agencies (iGZ e.V.) and the member trade unions of the DGB on May 30, 2006 in the respective version. For the purpose of better readability, our temporary workers (m/f/d) shall hereinafter be referred to as employees.

Pursuant to Art. 1 and Art. 12(1) 1 Temporary worker contract (AÜG), the contract between the hirer and the lender (Baltic Jobs GmbH) must be made in writing. Subsidiary agreements are subject to written confirmation. Deviating terms and conditions shall only be valid if they are expressly acknowledged in writing or are confirmed by Baltic Jobs GmbH by means of a separate agreement. Unilateral amendments to the TWC are inadmissible and therefore invalid. Baltic Jobs GmbH shall be bound by offers if they are accepted by the hirer within 4 weeks of the offer date.

The conclusion of an TWC does not establish a contractual relationship between the employee and the hirer under labour law. Baltic Jobs GmbH is the employer and ensures compliance with all labour, tax and social legislation.

During the assignment with the hirer, the employee is subject to the hirer's right to give instructions with regard to the performance of work and must follow the hirer's instructions. Changes to the duration of the assignment, assignment time, place of work and type of activity are subject to agreement between the hirer and Baltic Jobs GmbH.

Baltic Jobs GmbH undertakes to check the professional qualifications of the employees prior to placement and also to present the relevant qualification certificates (driving license, craft certificate and similar) at the request of the hirer. Baltic Jobs GmbH shall inform the employees prior to the placement that they must maintain secrecy about all business transactions of which they become aware at the hirer, in particular company and business secrets, and that this obligation shall also continue after the end of the assignment at the hirer.

The employee may only perform the activities corresponding to the job description and only use or operate such equipment, machines and tools which are necessary and approved for the performance of this activity and in the use of which he/she has been instructed by the hirer. Baltic Jobs GmbH shall be granted access to the employee's place of work. Due to legal regulations, the hirer is obliged to provide Baltic Jobs GmbH with the working conditions of comparable employees in his company upon request.

If you find out by the third working day that our employee does not meet your requirements and you notify us in writing by the end of the third working day (by email is sufficient), no charge will be made for the work performed. From the fourth day onwards, the hirer may only reject the employee without notice by written declaration to Baltic Jobs GmbH if there is a reason that would entitle the employer to terminate the employment contract for personal and/or behavioral reasons in accordance with the provisions of the Dismissal Protection Act.

In the event of rejection, Baltic Jobs GmbH is entitled to provide another professionally equivalent employee. Baltic Jobs GmbH is entitled to replace the employee for internal, organizational or legal reasons and to provide a professionally equivalent employee. The exchange shall take place at the latest when the placed employee leaves Baltic Jobs GmbH. Baltic Jobs GmbH endeavors to take into account the special interests and conditions in the hirer's company.

Baltic Jobs GmbH may withdraw from the contract in whole or in part if and insofar as the placement of employees is permanently or temporarily impeded by extraordinary circumstances. Such circumstances are, in particular, an industrial dispute, whether in the hirer's company or at Baltic Jobs GmbH, sovereign measures, etc. The right of withdrawal does not exist if Baltic Jobs GmbH is responsible for the extraordinary circumstances. Insofar as Baltic Jobs GmbH is entitled to make use of the right of withdrawal or partial withdrawal, claims for damages by the hirer - for whatever legal reason - are excluded.

In order to implement a collective industry surcharge for temporary employees applicable to a specific industry, the client shall inform Baltic Jobs GmbH of the industry to which the assigned client company belongs and whether or which collective agreements or company agreements favouring temporary employees are applicable in the assigned client company. The client shall provide Baltic Jobs GmbH with evidence of the regular hourly wage paid to a comparable employee in the assigned client company. The client is responsible for the accuracy of the information provided. The client shall inform Baltic Jobs GmbH of any industry affiliation, the applicable collective agreements or the company agreements favoring temporary workers. Where payment of a surcharge for temporary employees is not provided for a certain industry, is subsequently omitted or does not apply due to other reasons, the net customer rate shall increase by 1.5 % after the expiry of 9 months of uninterrupted assignment of the individual Baltic Jobs GmbH employee or by a total of 3 % after the expiry of 12 months of uninterrupted assignment of the individual Baltic Jobs GmbH employee. The decisive factor for the calculation of the individual period is the start of the placement in the client's company and not the point in time when the above-mentioned industry surcharge ceases to apply. Where the placement is interrupted for a period of up to 3 months, the surcharge shall be due after the interruption, taking into account the previous placement periods. Notwithstanding this surcharge provision, Baltic Jobs GmbH shall be entitled to increase the client tariffs at its reasonable discretion, but at least in the amount of the additional workload. This shall apply if the remuneration to be paid by Baltic Jobs GmbH to Baltic Jobs GmbH employees increases due to statutory (e.g. statutory equal pay after 9 months of placement duration) or collective agreement provisions or other obligations. Baltic Jobs GmbH shall notify the client of any necessary tariff increases and adjust them by the corresponding percentage from the date of validity of the new collective agreement. The increase shall become effective 2 weeks after receipt of the notification by the client. The client is entitled to terminate the contract within 2 weeks of receipt of the notification on the date of the tariff increase. Baltic Jobs GmbH is entitled to a special right of termination with a notice period of 2 weeks to the end of the month if the adjusted rates are not paid.

The client shall inform Baltic Jobs GmbH without delay if a Baltic Jobs GmbH employee has been employed by the client or by an employer forming a group of companies with the client within the meaning of Art. 18 of the German Stock Corporation Act (AktG) in the last 6 months prior to the placement pursuant to Art. 3 (1) No. 3 sentence 4 Temporary Employment Act (AÜG). In this case, the client undertakes to pay the resulting additional costs with regard to the Baltic Jobs GmbH employee concerned.

The hirer is responsible for ensuring that the placed employees comply with the applicable safety and accident prevention regulations as well as with the rules and regulations applicable at the places of employment. The hirer shall be liable in the event of non-compliance. Baltic Jobs GmbH must be informed immediately in the event of a work-related accident. A reportable work-related accident is investigated jointly. The hirer shall immediately prepare the accident report in accordance with Art. 193 Social Insurance Code VII (SGB). One copy of the accident report must be sent to the occupational health and safety agency responsible for the hirer. Baltic Jobs GmbH will receive a copy of this report. The hirer shall ensure and continuously verify that all accident prevention and occupational health and safety regulations applicable at the place of employment of the employee as well as the provisions of the Working Hours Act are complied with, and that first aid facilities and measures are guaranteed. The hirer shall inform the employee and Baltic Jobs GmbH about the workplace-specific hazards occurring during the activities to be performed, as well as about the measures to be taken to avert them, prior to the commencement of employment. Insofar as the employee is exposed to chemical, physical or biological effects or performs hazardous activities within the meaning of the Accident prevention regulation VBG 100, the hirer shall inform Baltic Jobs GmbH of the occupational medical check-up to be carried out before the start of these activities. Baltic Jobs GmbH will arrange for the medical check-up required for the job to be performed.

During the period of placement, the employee is subject to the supervision and guidance of the hirer. Baltic Jobs GmbH is not liable for damages caused by placed employees. Baltic Jobs GmbH shall only be liable in the event of failure to exercise the necessary care in the selection of the employee. Liability shall be limited to damage caused by intentional or grossly negligent breach of the selection obligation. Baltic Jobs GmbH shall not be liable for any further claims insofar as liability can be effectively excluded by law. Baltic Jobs GmbH shall be liable in accordance with the statutory provisions for damages arising from injury to life, body or health on their own part. For all other damages, Baltic Jobs GmbH shall only be liable for intent and gross negligence on their own part. Liability for slight/ordinary negligence is excluded. The hirer shall indemnify Baltic Jobs GmbH against any claims by third parties in connection with the employment of the employees. The liability of Baltic Jobs GmbH for all damages is limited by liability insurance to all damages in the amount of 2,000,000 Euros for property damage. If Baltic Jobs GmbH breaches an obligation arising from the TWC, the hirer must demonstrate and prove that Baltic Jobs GmbH is responsible for the breach of obligation.

In the event that the hirer enters into an employment relationship with an employee provided to him/her by Baltic Jobs GmbH, a placement fee shall be agreed in accordance with the following scale:

In the case of direct takeover:
2.5 gross monthly salaries

For a placement period of 1-3 months:
2 gross monthly salaries

For a placement period of 4-6 months:
1.5 gross monthly salaries

For a placement period of 7-9 months:
1 gross monthly salary

For a placement period of 10-12 months:
0.5 Gross monthly salary

If a previously placed employee enters into an employment relationship with the hirer within 6 months of the termination of his/her assignment, Baltic Jobs GmbH shall be entitled to a fee in the amount of one gross monthly salary. The basis for calculating the placement commission is the gross monthly salary agreed between the client and the temporary employee, but at least the gross monthly salary agreed between the personnel service provider and the temporary employee. The invoice shall include the complete placement commission plus statutory VAT and is due within 8 days.

The TWC can be terminated in the first week with a notice period of three working days and subsequently with a notice period of five full working days. Saturdays, Sundays and public holidays are not regarded as working days. Baltic Jobs GmbH shall be entitled to terminate the contract without notice if the hirer fails to comply with a request for payment by Baltic Jobs GmbH in the event of default in payment or a significant deterioration in his financial circumstances. Other claims of Baltic Jobs GmbH for damages etc. shall remain unaffected by this. Any termination must be made in writing. A termination of the hirer is only effective if it is delivered to Baltic Jobs GmbH. A notice of termination given only to the employee is invalid. In the event of resignation or termination, the previous services must be remunerated according to the conditions for the total assignment.

Overtime hours in excess of the agreed standard weekly working hours shall be calculated as follows:

Monday - Saturday: 25 %
Night surcharge: 11 pm to 6 am: 25 %
Surcharge for Sunday work: 50 %
Surcharge for work on public holidays: 100 %.

Baltic Jobs GmbH employees are not authorized to collect payments. Employees may not be entrusted with the handling of money and other means of payment without express written permission. They may not receive advances or payments.

Invoicing takes place weekly or, according to the framework contract, retrospectively for the hours worked. The hirer or an employee appointed by the hirer shall confirm this either digitally or on the employee's activity record by countersigning. If a person authorized to sign is not present on the hirer's side or if the signature is refused, then the signature by the employee of Baltic Jobs GmbH shall be deemed authoritative. The invoice amounts are payable without deduction within the specified payment period after receipt of the invoice. Collateral must be provided in accordance with Art.232 (f) of the German Civil Code (BGB). If the hirer does not comply with this request within a reasonable period of time and defaults on the debt, Baltic Jobs GmbH may demand immediate remuneration for all services rendered, interest at the commercial interest rate and reimbursement of the costs of debt collection (e.g. lawyers' fees, collection costs, court costs, bailiffs' fees).

The parties assume full legal effectiveness of the agreement. If this is not the case, then in the event of partial ineffectiveness everything else shall remain effective and the ineffective part shall be replaced in such a way as is economically reasonable and legally tenable.