terms and conditions

General Terms and Conditions (GTC) Status 2019

General

worknow GmbH - hereinafter referred to as worknow - has been granted a permit for the commercial supply of temporary workers by the Federal Employment Agency in accordance with § 1 Para. 1 of the German Personnel Supply Act (AÜG).
With these GTC, all previous GTC are superseded; previous GTC of worknow thus no longer have any effect. These General Terms and Conditions shall apply to every contract; General Terms and Conditions of the Customer shall only be effective, even if worknow does not expressly object to these General Terms and Conditions, if worknow has declared its agreement with them in writing.
According to § 12 AÜG, a written contract must be concluded between the Customer and worknow for each order. Amendments to the contract and ancillary agreements must be made in writing. With the signing of the employee leasing contract, the General Terms and Conditions of worknow GmbH become an integral part of the contract, even if this is not or was not expressly confirmed separately by the Customer or, if applicable, even if different conditions are asserted.
Within the framework of the AÜG, worknow provides the Customer with employees. All social security contributions and benefits for the leased employees shall be duly and fully paid by worknow.
The number of weekly working hours regulated in the employee leasing contract represents a minimum purchase obligation of the customer. Should the customer require fewer hours than contractually ordered, the contractually agreed hours shall nevertheless be remunerated.
The contract of surrender may be terminated by either party with one week's notice to the Friday of each week. After 3 months of provision, this period is extended to two weeks to the Friday of each week. Deviating from this, the customer has the right

a) to terminate the temporary employment contract on the first day of the temporary employment, if he is not satisfied with the work performance of the temporary employee. There shall be no charge for the hours worked up to that point (trial day).

b) to terminate the temporary employment contract within the first five working days with a notice period of two working days to the end of the working day.
worknow GmbH may terminate the provision contract for good cause without observing a notice period. Any termination must be made in writing.
worknow GmbH as well as the leased employee are subject to the duty of confidentiality with regard to all business matters of the Customer.
The leased employee shall comply with the working hours of the Customer and shall perform the work handed over to him in an orderly and clean manner in compliance with all applicable legal provisions, in particular all provisions on safety and hygiene.
Payments (progress payments, etc.) are to be made exclusively to worknow GmbH. Employees of worknow are not authorized to receive money, payments can be made with debt-discharging effect exclusively to worknow GmbH.
All contributions are subject to the applicable value added tax. The place of performance and exclusive place of jurisdiction for all mutual contractual and pre- and post-contractual claims is Berlin.

Should any provision or part of the provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a corresponding provision that is appropriate to your economic purpose based on the presumed intentions of the parties.

Hourly rates

Unless expressly agreed otherwise, the hourly rates shall apply without surcharges for overtime, night work, work on Saturdays, Sundays and public holidays, plus the statutory value added tax.
If the employee provided by worknow is used, the hourly rate shall be increased as follows: 25% for night work (20:00 - 08:00), 25% overtime (from the 40th hour per week), 25% Saturday, 50% Sunday and 100% public holiday.
Invoicing by worknow GmbH shall be carried out on a weekly basis on the basis of the activity records signed by the Customer. At the end of the working week or after the end of the assignment, the customer shall be obliged to sign the activity reports submitted by the leased employee immediately and to return them to the customer or to worknow GmbH. By signing the activity records, the customer confirms the activity time and duration stated therein.

Placement of personnel, Conversion to Full Time Employee (FTE)

Conclusion of a contract with a Worknow GmbH employee:

If a customer or a company affiliated with him concludes a service or work contract with a worknow GmbH employee during the existence of the employment relationship between Worknow GmbH and the worknow GmbH employee or within the period of twelve months after the termination of this employment relationship, the customer shall pay a placement fee in the following amount:

Duration of the assignment
Less than 3 months: 2.0 times the gross monthly salary as a fee plus VAT
Less than 6 months: 1.5 times the gross monthly salary as a fee plus VAT
Less than 9 months: 1.0 times the gross monthly salary as a fee plus VAT
Less than 12 months: 0.5 times the gross monthly salary as a fee plus VAT
12 months and more: no fee

The basis for this is the average gross monthly remuneration (fixed salary) agreed between the customer and the employee plus average expected pro rata variable benefits such as vacation payments, bonuses, premiums, company cars, or similar for the new position with the customer.

The notice period agreed between worknow GmbH and the worknow GmbH employee must be observed.

Payment

Invoices become due with the issuance of a proper invoice and are to be paid within 10 days without deduction. In the event of late payment, the customer shall be in default even without a reminder and shall owe interest on arrears at a rate of 8% above the prime rate.

Warranty and liability

The provided employee has been carefully checked by Worknow GmbH for his professional suitability and has been assigned to a specific pay group according to the BAP collective agreement. The employee is made available to the customer exclusively for the execution of the contractually defined activity. A transfer or taking up of a non-contractual activity of the employee by the customer is a change of contract and therefore has to be reported to Worknow GmbH in advance.
In case of assignment of foreign employees, worknow GmbH assures that all necessary work permit papers are available accordingly.
In the event that leased employees are absent due to illness, worknow GmbH shall provide suitable replacements at short notice.
The customer has to inform worknow GmbH truthfully and without being asked about his industry affiliation at the latest one working day before the assignment of each employee, so that worknow GmbH can correctly remunerate the employees assigned to the customer on the basis of legally provided, industry-related surcharges. In the event that untrue or missing information on the industry affiliation should lead to additional payment of wages or social security contributions, the customer shall be liable for this difference in damages.
With regard to the fact that the leased employee performs his activities under the direction and supervision of the Customer, worknow GmbH shall not be liable for the performance of these activities and shall not be liable for any damage caused by the leased employee during the performance of his activities. This shall also apply to intentional conduct. The customer shall also indemnify worknow GmbH against any claims of third parties arising in connection with the execution and performance of the activity assigned to the leased employee.
Pursuant to § 11 para. 6 AÜG, the customer shall be responsible for the duties resulting from the occupational health and safety law. He shall ensure that all accident prevention and occupational safety regulations applicable at the place of employment as well as the provisions of the Working Hours Act are complied with and that first aid facilities and measures are guaranteed. Prior to the commencement of employment, he shall inform the leased employee about the workplace-specific hazards arising during the activities to be performed as well as about the measures to be taken to avert such hazards and shall carry out any necessary occupational medical check-ups at his own expense.
All employees of worknow GmbH are insured with the Verwaltungs-Berufsgenossenschaft. In the event of an accident, the customer is obligated by law to immediately notify worknow GmbH.