General Terms and Conditions of
AMBAU Personalservice GmbH*
1. In temporary employment contracts between the company AMBAU (herein referred to as AMBAU) and the respective client (herein referred to as the Client), the General Terms and Conditions of AMBAU apply exclusively. Supplementary agreements or agreements which differ from the General Terms and Conditions of AMBAU must be made in writing. Temporary employees are not entitled to diverging agreements. Any differing General Terms and Conditions of the Client will not be recognized.
2. The Client assures that he/she will only mandate or allow overtime work to the extent allowed for necessary operations as stated in the Arbeitszeitgesetz (AZG). The possible necessary official approval for overtime work must be obtained by the Client. The Client is obligated to disclose to AMBAU, without delay, extraordinary reasons for overtime work. The Client must observe the accident prevention regulations, safety regulations, as well as all standard safety and occupational health rules and regulations for each worker’s respective job. The Client must also train these workers with regards to the dangers of the job and preventative measures prior to working. The Client must provide information on specific required safety equipment and must inform AMBAU of occupationally related medical examinations. The Client grants AMBAU the access rights to the respective work place of the workers so that AMBAU can be assured of compliance with safety and occupational and health regulations. In cases of occupational injury or accident, the Client must immediately notify AMBAU. In compliance with § 1553, Abs. 4 RVO, the Client is also obligated to report any accident to his/her insurance carrier.
3. Where necessary it is within the rights of AMBAU to replace an employee during the contracted period provided that the decision is made within the Client’s best interest. In the case of an employee absence for legitimate reason (i.e. sickness), AMBAU is not obliged to provide a replacement worker. AMBAU is entitled to withdraw wholly or in part from an existing contract entered into if exceptional circumstances arise. Compensation for costs is non-applicable.
4. With regards to work that the contracted employee carries out during his/her job duties under the management and supervision of the Client, AMBAU does not claim responsibility for damages that the employee should bring about during his/her job duties. Furthermore, AMBAU is not liable for damages caused by its employees to property with which the employees work; nor is AMBAU liable for damages caused by negligence on behalf of its employees which may result in damages. In these cases, a contractual relationship between AMBAU’s employees and the Client is not justified.
5. Without express written permission, the contracted employee is not authorized to take part in either the handling or the collection of money or other means of payment. If the employee does, any liability on the part of AMBAU shall be excluded. The Client, expressly, may not give the employee any form of pay or other remuneration. Such payments to ABMAU’s employees are not authorized and may not be made.
6. AMBAU is responsible only for the work allowed by contract which is carried out by lawfully-hired and contracted employees. Liability for employees working in any other manner is excluded on the part of AMBAU. The employee is placed at the disposal of the Client solely for the execution of the contractually assigned work and may therefore only use or operate equipment, machinery, tools, etc. which are explicitly necessary for carrying out the contractually assigned work.
7. The Client has within the first four hours of work to assess the suitability of the employees. Complaints after this time period will not be considered. In the case of legitimate complaints, the Client has the right, after consulting with the relevant AMBAU branch office, to call for the replacement of this employee.
8. The Client is required to verify the hours on a weekly basis, including a signature, which AMBAU’s employees provide. In the case that the AMBAU employees are unable to obtain the verification from the Client/Client’s representatives, the AMBAU employees are authorized, in lieu of the Client/Client’s representative, to provide a confirmation signature. An appeal by the Client against this is considered valid only when filed within five days—at least by telephone—and is, within reason, verifiable.
9. All prices are, unless otherwise specifically agreed upon, non-inclusive of additional charges for overtime work, night shifts, shift work, Sundays, and holidays plus value added tax. AMBAU reserves the right to a commensurate increase of the price rates after the formation of the contract if tariff-related pay increases occur or if circumstances for which AMBAU is not responsible bring about a rise in costs.
10. Billing takes place on a weekly basis. Invoices must be paid within seven (7) days of the invoice date (without discount). After seven (7) days, interest on the overdue amount is calculated and added according to standard bank borrowing rates. An offset of charges to the customer is possible only in cases of undisputed or legally ascertained counterclaims.
11.
- Mondays-Fridays: 25%
- Work on Saturdays: 25%
- Work on Sundays: 70%
- Normal Public Holidays: 100%
- On the 1st of January, 1st of Easter, 1st of May, 1st of Pentecost, as well as the 1st of Christmas Day: 150%
- Additional Nightwork: 25%
- Additonal Shiftwork: 15%
12.
- 1-3 month – 3,000.00 EUR fee
- 4-6 month – 2,000.00 EUR fee
13. Depending on location, reasonable accommodation, travel reimbursement, travel packages or lodging as per BMTV may be arranged.
14. The contract is entered into for an indefinite period of time and may be by either party, subject to a term of 3 days, canceled three days before the weekend.
15. The Client is required to implement non-discriminatory employment practices according to the provisions in the “Allgemeinen Gleichbehandlungsgesetzt” (AGG).
16. The Client is obligated to be lawfully and contractually responsible. If the Client violates either their lawful or contractual responsibility, the Client is required to pay compensation. In these types of situations, AMBAU reserves the right to terminate the contract between the Client without notice.
17. If any provision of the contract or General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions.
18. Jurisdiction for all contract disputes shall be Potsdam. AMBAU PersonalService GmbH is in the possession of an unlimited license according to the German Law on Labor Leasing Art. 1 § 1, granted by the LAA Berlin-Brandenburg.
* In the case of discrepancy between the English and German translation, the German translation always stands as the original source. The English translation adapts the same rules for content responsibility assumed by the German version of the website. The German text should always be considered the original source of text regarding content when questions arise regarding translation of content on this website.
Effective: 24.07.2008