terms and conditions
General Terms and Conditions (GTC) Status 2024
1. General Information
worknow GmbH - hereinafter referred to as worknow - has permission for the commercial hiring out of employees from the Federal Employment Agency according to § 1 (1) of the German Temporary Employment Act (AÜG). These terms and conditions replace all previous terms and conditions; earlier terms and conditions of worknow thus have no effect. These terms and conditions apply to every contract, even if the customer’s terms and conditions (client) are present, unless worknow has explicitly agreed to them in writing.
2. Assignment of Employees
According to § 12 AÜG, a written contract must be concluded for each order between the customer and worknow. Contract changes and side agreements must be in writing. By signing the employee leasing contract, the terms and conditions of worknow GmbH become part of the contract, even if the customer has not explicitly confirmed this separately or if different conditions have been asserted. Under the AÜG, worknow provides employees to the customer. All social security contributions and benefits for the assigned employees are properly and fully provided by worknow. The number of weekly working hours stipulated in the employee leasing contract represents a minimum commitment by the customer. If the customer requires fewer hours than contractually ordered, the contractually agreed hours must still be paid.
3. Termination and Confidentiality
The leasing contract can be terminated by either party with two weeks' notice to Friday of any week. After a leasing period of 6 months, this period extends to four weeks to the 15th or the end of a calendar month. Deviating from this, the customer has the right: a) To terminate the leasing contract on the first day of the lease if dissatisfied with the performance of the leased employee. No calculation will be made for hours worked up to that point (trial day). b) To terminate the leasing contract within the first five working days with two working days' notice to the end of the working day. worknow GmbH can terminate the leasing contract for good cause without notice. Termination can be made via email. worknow GmbH and the assigned employee are bound to confidentiality regarding all business matters of the customer.
4. Working Conditions and Payment Terms
The assigned employee must adhere to the customer's working hours and perform the assigned tasks properly and cleanly, in compliance with all applicable legal provisions, particularly all safety and hygiene regulations. Payments (advances, etc.) are to be made exclusively to worknow GmbH. Employees of worknow are not authorized to receive payments; payments can only be made to worknow GmbH with debt-discharging effect. All contributions are subject to the applicable VAT. The place of performance and exclusive place of jurisdiction for all mutual contractual and pre- and post-contractual claims is Berlin. If any provision or part of a provision of these terms and conditions is invalid, this does not affect the validity of the remaining provisions. Instead of the invalid provision, an appropriate provision that comes closest to the economic purpose intended by the parties shall apply.
5. Hourly Rates
Unless explicitly agreed otherwise, hourly rates apply without surcharges for overtime, night work, work on Saturdays, Sundays, and public holidays, plus the statutory VAT. When using employees provided by worknow, the hourly rate increases as follows: 25% for night work (8:00 PM - 8:00 AM), 25% for overtime (from the 40th weekly hour), 25% for Saturdays, 50% for Sundays, and 100% for public holidays. Billing by worknow GmbH is done weekly based on timesheets signed by the customer. The customer is obliged to sign the timesheets submitted by the assigned employee at the end of the workweek or after the end of the assignment and to return them to the assigned employee or worknow GmbH. By signing the timesheets, the customer confirms the working hours and duration recorded.
6. Personnel Placement, Hiring of Employees
Placement Fee for Hiring Assigned Employees
Principle: If the customer establishes an employment relationship with an employee assigned by worknow GmbH during or after the temporary assignment, a placement fee will be due. A free takeover is possible after 18 months of assignment. The placement fee is based on the gross monthly salary of the employee at the customer and is staggered as follows:
Administrative, Commercial, and Technical Positions:
Takeover within up to 3 months of assignment: 4 gross monthly salaries
Takeover within up to 6 months of assignment: 3 gross monthly salaries
Takeover within up to 9 months of assignment: 2 gross monthly salaries
Takeover within up to 12 months of assignment: 1 gross monthly salary
Takeover after 12 to 18 months of assignment: 0.5 gross monthly salaries
Takeover after 18 months: No placement fee
IT Posiotions:
Takeover within up to 3 months of assignment: 5 gross monthly salaries
Takeover within up to 6 months of assignment: 4 gross monthly salaries
Takeover within up to 9 months of assignment: 3 gross monthly salaries
Takeover within up to 12 months of assignment: 2 gross monthly salaries
Takeover after 12 to 18 months of assignment: 1 gross monthly salary
Takeover after 18 months: No placement fee
The termination period agreed between worknow GmbH and the worknow GmbH employee must be observed. The basis for this is the average gross monthly salary (fixed salary) agreed between the customer and the employee, plus the average expected proportional variable benefits such as vacation payments, bonuses, premiums, company cars, or similar for the new position at the customer. The termination period agreed between worknow GmbH and the worknow GmbH employee must be observed.
Payment
Invoices are due upon issuance of a proper invoice and must be paid within 10 days without deduction. If payment is not made on time, the customer will be in default without a reminder and will owe a default interest of 8% above the base interest rate.
7. Warranty and Liability
The provided employee has been carefully checked by worknow GmbH for professional suitability and assigned to a specific pay group according to the BAP collective agreement. The employee is provided to the customer solely for performing the contractually agreed activity. Any reassignment or engagement in a non-contractual activity by the customer constitutes a contract change and must be reported to worknow GmbH in advance. In the case of the deployment of foreign workers, worknow GmbH ensures that all necessary work permits are in place. If the assigned employees are absent due to illness, worknow GmbH will provide a suitable replacement as soon as possible. The customer must truthfully and unsolicitedly inform worknow GmbH of their industry affiliation no later than one working day before each employee's deployment so that worknow GmbH can correctly compensate the employees used at the customer based on legally prescribed, industry-specific surcharges. If incorrect or missing information about industry affiliation leads to additional wage or social security payments, the customer is liable for this differential damage. Since the assigned employee works under the direction and supervision of the customer, worknow GmbH is not liable for the performance of these tasks and for any damages caused by the assigned employee during the execution of their activities. This also applies to intentional acts. The customer also indemnifies worknow GmbH against any third-party claims that arise in connection with the execution and performance of the tasks assigned to the employee. According to § 11 (6) AÜG, the customer is responsible for the obligations arising from occupational safety law. The customer ensures that all applicable accident prevention and occupational safety regulations at the place of employment, as well as the provisions of the Working Hours Act, are complied with and that facilities and measures for first aid are provided. The customer must inform the assigned employee before starting work about workplace-specific hazards associated with the tasks to be performed and the measures to avert them, and must conduct necessary occupational medical examinations at their own expense. All employees of worknow GmbH are insured with the administrative professional association. In case of an accident, the customer is legally obliged to immediately report to worknow GmbH.
