General Terms and Conditions

1.1 GENERAL

1.1 These terms and conditions apply between the client (AG) and headwaypersonal gmbh (HEADWAY).

1.2 The client (AG) is responsible for obtaining any necessary official and other permits or approvals required at the place of deployment, especially according to the Working Hours Act, before work begins.

1.3 The client guarantees compliance with the restrictions on leasing employees in the main construction trades according to § 1b AÜG. Additionally, reference is made to the provisions of the Construction Site Ordinance.

1.4 Leasing employees to third parties is excluded. Reference is made to § 1 para. 1 sentence 3 AÜG.

 

2. PRINCIPLE OF EQUAL TREATMENT AND MAXIMUM LEASING PERIOD

2.1 The client shall immediately verify for each named temporary worker whether this person was employed by the client or by an affiliated group company within the last 6 months prior to the start of the leasing (so-called revolving door clause according to § 8 para. 3 AÜG). If the conditions of § 8 para. 3 AÜG apply, the client is obliged to inform HEADWAY immediately. In these cases, the client shall provide all relevant information regarding the essential working conditions including pay of comparable permanent employees in writing. § 12 para. 1 sentence 4 AÜG in conjunction with § 8 AÜG applies. Based on this written documentation, the appropriate adjustment of the respective hourly billing rate will be made.

2.2 The client shall immediately check for each named temporary worker whether this worker has previously been leased to them by another lender within the period of § 8 para. 4 sentence 4 AÜG (3 months and one day). If such a case exists, the client shall inform HEADWAY immediately. If the overall leasing period results in the obligation of equal treatment according to § 8 para. 4 AÜG, the client shall inform HEADWAY immediately. In these cases, the client shall provide all relevant information regarding essential working conditions including pay of comparable permanent employees in writing. § 12 para. 1 sentence 4 AÜG in conjunction with § 8 AÜG applies. Based on this written documentation, the appropriate adjustment of the respective hourly billing rate will be made.

2.3 To ensure compliance with the maximum leasing period according to § 1 para. 1b AÜG, the client shall immediately verify for each named temporary worker whether this worker has been leased to them previously by another lender within the period of § 1 para. 1b sentence 2 AÜG (3 months and one day). If such a case exists, the client shall inform HEADWAY immediately. Furthermore, the client shall inform HEADWAY immediately and fully in writing about all applicable company regulations that allow a longer maximum leasing period than 18 months and which are relevant for the operation in which a temporary worker is assigned based on the leasing contract. Both parties monitor compliance with the currently valid maximum leasing period. If either party has reasonable doubts about compliance, they are entitled to immediately terminate the assignment of the affected temporary worker. In case of exceeding the maximum leasing period, both parties mutually waive claims for damages resulting from this exceedance.

 

3. DURATION OF EMPLOYEE LEASING

The leasing duration per temporary worker is at least 7 hours; otherwise, the provisions of the leasing contract apply.

 

4. INVOICING AND SURCHARGES

4.1 Invoicing is based on activity reports, which the employees submit weekly or at the end of their assignment to an authorized representative of the client for signature.

4.2 The client is obliged to confirm the hours of attendance — including waiting and standby times — by signature, during which the employees were made available by HEADWAY. Break times must be separately listed. If time records cannot be presented for signature to an authorized representative of the client on site, the employees themselves are authorized to confirm. (The client is referred to § 17c para. 1 AÜG.)

4.3 Billing is done weekly based on the confirmed hours of attendance — excluding breaks. The basis for calculation is the agreed hourly rate. The price is exclusive of surcharges and statutory VAT. If fixed in the contract, the agreed daily allowances and travel expenses will be added per working day.

4.4 The following surcharges apply to hourly rates:
• Overtime surcharge for hours exceeding 40 hours/week:
from 41st to 45th hour: 25%
from 46th hour onwards: 50%
• Saturday surcharge: 25%
• Night work (10:00 p.m. to 6:00 a.m.): 25%
• Sunday hours: 100%
• Holiday work: 100%

4.5 If hourly rates increase, especially due to industry surcharges, the increased hourly rates form the basis for the above surcharges. The same applies for decreases in hourly rates. If the principle of equal treatment applies to the leased temporary worker according to § 8 AÜG, the surcharges actually payable to the temporary worker must be applied accordingly to the billing rate payable by the client.

4.6 Invoices are due for payment without deduction within 5 working days after receipt. In case of default, the statutory provisions of §§ 286 to 288 of the German Civil Code (BGB) apply.

4.7 If the client is in default of payment, HEADWAY is entitled to withhold contractual services from the business relationship.

4.8 Objections to invoices issued by HEADWAY must be made in writing within one week after receipt of the invoice stating verifiable reasons. After this period, the client expressly waives any objections regarding the accuracy of the invoiced hours.

 

5. AUTHORITY OF INSTRUCTIONS BY THE CLIENT

The client is entitled to give the employee all instructions that fall within the defined scope of activities in terms of type and scope.

 

6. DUTIES OF THE CLIENT

6.1 Within the framework of their statutory duty of care, the client will take appropriate preventive measures to protect the employee from discrimination due to race, ethnic origin, gender, religion or belief, disability, age, or sexual identity in relation to their deployment.

6.2 HEADWAY shall at all times grant access to the employee’s working area.

6.3 When assigning the leased employee in a position of trust with access to money and valuables, a separate written agreement must be made in advance. Without this explicit written agreement, the employee may neither be entrusted with transportation nor handling or collection of money and other payment means. Payments made by the client to the leased employee are at the client’s risk and cannot be held against HEADWAY.

6.4 The client must inform HEADWAY immediately — if necessary, also by phone — about ongoing or impending labor disputes at the deployment site. HEADWAY is contractually prohibited from deploying its employees in a struck company. This applies also to temporary workers who were active in the company before the strike. In case of a strike at the deployment site, the parties agree that the obligation to lease and the right to remuneration for the affected temporary workers shall be suspended.

6.5 The client is obliged to inform HEADWAY immediately if they provide benefits to temporary workers that are relevant under income tax or social security law, especially benefits in kind. In this case, the client is also obliged to specify the type and amount of the benefits related to the respective temporary worker by the 3rd of the following month so that HEADWAY can take this into account in payroll.

6.6 The client is obliged — insofar as the workplace to be filled requires it — to proactively instruct the leased employees about all relevant confidentiality obligations applicable in their company. This also applies to secrets pursuant to § 2 no. 1 of the Act on the Protection of Trade Secrets. The client will include the leased employees, if necessary, in its concept for trade secret protection.

 

7. DUTIES OF HEADWAY

7.1 HEADWAY undertakes, upon request, to present qualification certificates regarding the named employee (e.g., journeyman certificate, skilled worker certificate, driving license).

7.2 The employees made available to the client are selected according to the required profile and the activity described by the client.

7.3 If, in exceptional cases, it turns out that a leased employee is not suitable for the intended work, the client can request a suitable replacement within the first four hours after work starts without charging for this work time.

7.4 HEADWAY’s duty to perform is limited to the employee named in the leasing contract. If this employee is prevented from performing their work without HEADWAY being responsible (e.g., due to illness or accident), HEADWAY is released from the duty to perform for the duration of the impediment.

7.5 Unforeseeable, unavoidable, and beyond the control of HEADWAY events, which HEADWAY is not responsible for, such as force majeure, traffic disruptions, labor disputes (strike or lockout), relieve HEADWAY from its contractual obligations for the duration of the event.

7.6 If the event lasts longer than six weeks or if the performance by HEADWAY becomes impossible due to the event, both the client and HEADWAY are entitled to terminate the contract without notice. There is no obligation for damages in these cases.

7.7 The client may remove the employee from the assigned workplace during the assignment and demand suitable replacement if there is a reason that would entitle the employer to extraordinary termination under § 626 para. 1 BGB.

 

8. PERSONNEL PLACEMENT / COMMISSION FEE EVEN AFTER PRIOR LEASING

8.1 If a service or employment relationship is established before the agreed leasing start date between the temporary worker or candidate introduced by HEADWAY (who has the status of an applicant) and the client or a company affiliated with the client, the client owes HEADWAY a commission fee according to the fee schedule.

8.2 If a temporary worker introduced by HEADWAY is hired by the client or a company affiliated with the client after the leasing contract expires or is terminated prematurely, the client owes HEADWAY a commission fee according to the fee schedule.

8.3 The above regulations apply accordingly to any company affiliated with the client.

 

9. CONFIDENTIALITY

Both parties agree to treat all information received from the other party, which is marked or recognizable as confidential, confidential and only use it for the purpose of fulfilling the contract.

 

10. FINAL PROVISIONS

10.1 Changes and amendments to these terms and conditions require written form.

10.2 If any provision of these terms and conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected.

10.3 The place of jurisdiction is the registered office of HEADWAY.