Any conflicting general terms and conditions are hereby expressly rejected. They shall only apply insofar as DiBSI GmbH agrees to them in writing.
1. official approval
DiBSI GmbH has a temporary employment permit, most recently issued by the Kiel Regional Directorate of the Federal Employment Agency.
2. legal status of DiBSI GmbH employees
The conclusion of an employee leasing agreement does not create a contractual relationship.
between DiBSI GmbH employees and the customer. During the assignment, DiBSI GmbH employees are subject to the customer’s work instructions and work under his supervision and guidance. You are obliged to maintain confidentiality. This applies to all confidential or
confidential business matters of which they become aware in the course of their work.
experience.
3. selection of DiBSI GmbH employees
DiBSI GmbH provides the customer with carefully selected and customized professional
qualification of DiBSI GmbH employees. In the event of justified complaints,
reported by the customer within the first 6 hours of a DiBSI GmbH employee starting work will not be charged for up to 6 working hours. DiBSI GmbH may exchange DiBSI GmbH employees for other, equally suitable DiBSI GmbH employees during the ongoing assignment, provided that the legitimate interests of the customer are not violated.
4. deployment of DiBSI GmbH employees and strike
The customer shall deploy DiBSI GmbH employees exclusively at the location and for the activities agreed in the employee leasing agreement. It only allows DiBSI GmbH employees to use or operate the appropriate work equipment or machines. Changes to the duration of the assignment, working hours, location and work activity can only be agreed between DiBSI GmbH and the customer. Furthermore, the customer shall not use DiBSI GmbH employees for the transportation of money or for the collection of money and expressly indemnifies DiBSI GmbH against all claims in this respect. The customer shall not pay DiBSI GmbH employees any sums of money, including wages or advances on travel expenses. The customer shall inform DiBSI GmbH immediately of any planned industrial action that directly affects its operations. If the customer is affected by a lawful labor dispute, the employees on duty will be withdrawn, unless the deployment is to take place as part of an emergency service agreed for the customer’s business and the employee agrees to the deployment.
5 Confidentiality and data protection
The contracting parties undertake to treat as confidential any business and trade secrets of which they become aware during the cooperation, in particular the contents and conditions of the contract, as well as business matters marked as confidential, and to keep them secret from third parties. Third parties in this sense do not include companies of the respective group of companies. The parties mutually undertake to comply with the statutory provisions on data protection and shall ensure that they are complied with. The above obligations shall continue to apply after the end of the cooperation. The customer assures to process the data of DiBSI GmbH employees only within the framework of the data protection regulations and exclusively for the purpose of processing the assignment and to take the technical and organizational measures to protect the data of DiBSI GmbH employees that fulfill the obligations of Art. 25 GDPR. He further undertakes to store the data only for the period permitted by law and to delete it unless archiving is required by law.
6 Employee remuneration and social benefits
For DiBSI GmbH employees, the industry collective agreements concluded between the Interessenverband Deutscher Zeitarbeit e.V. (iGZ) and the DGB-Tarifgemeinschaft Zeitarbeit as well as any collective agreements on industry surcharges for temporary workers and various company agreements applicable to a specific industry shall apply.
7. occupational safety
Pursuant to Section 11 (6) AÜG, the activities of DiBSI GmbH employees are subject to the
customer’s company in accordance with the applicable public health and safety regulations. The
The resulting obligations for the employer, in particular to comply with §§ 5, 6 ArbSchG, are incumbent on the customer without prejudice to the obligations of DiBSI GmbH. The Customer shall grant DiBSI GmbH or its authorized representatives (including occupational safety specialists and company physicians) access to the place of work of DiBSI GmbH employees and shall submit the existing documentation relating to its occupational safety system for inspection upon request. An accident at work must be reported to DiBSI GmbH immediately and will be investigated jointly. The customer shall inform DiBSI GmbH of the necessary offer and mandatory precautions in accordance with ArbMedVV before commencing work.
8 Tariffs and special right of termination
To implement a collectively agreed industry surcharge for a specific industry for
The customer shall inform DiBSI GmbH of the sector in which the temporary worker is employed.
and whether or which collective agreements or company agreements favoring temporary employees
agreements are applicable in the deployment company. The customer must regularly inform DiBSI GmbH
hourly wage paid to a comparable employee at the client company. The customer is responsible for the accuracy of the information provided. If there are changes in the
industry, the applicable collective agreements or the company agreements favoring temporary employees, the customer shall inform DiBSI GmbH of this. If the payment of an industry surcharge for temporary employees is not provided for a specific industry or is subsequently waived, the net customer rate shall increase by 1.5% after 9 months of uninterrupted assignment of the individual DiBSI GmbH employee or by a total of 3% after 12 months of uninterrupted assignment of the individual DiBSI GmbH employee. The decisive factor for the calculation of the individual period is the start of the assignment at the customer company and not the time at which the above-mentioned industry surcharge ceases to apply. If the assignment is interrupted for a period of up to 3 months, the supplement is due after the interruption, taking into account the previous assignment periods. Notwithstanding this surcharge regulation, DiBSI GmbH shall be entitled to increase the customer tariffs at its reasonable discretion.
This applies if the remuneration to be paid by DiBSI GmbH to DiBSI GmbH employees increases due to statutory (e.g. statutory equal pay after 9 months of temporary employment) or collectively agreed provisions or other obligations. DiBSI GmbH shall notify the customer of any necessary tariff increases. The increase shall take effect 2 weeks after receipt of the notification by the customer. The customer is entitled to terminate the contract within 2 weeks of receipt of the notification on the date of the tariff increase. DiBSI 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 tariffs are not paid.
9. liability
9.1 DiBSI GmbH shall only be liable with regard to all employees provided for the proper
Selection with regard to the contractually agreed activity. Liability for faulty selection
shall be limited to damages caused by intentional or grossly negligent breach of the
selection obligation. The amount of liability for all resulting damages is also limited to a maximum total amount of EUR 5,000,000 per calendar year.
9.2 With regard to other contractual or statutory obligations, DiBSI GmbH shall be liable for intent and gross negligence. In the event of damage caused by slight negligence, DiBSI GmbH shall only be liable in the event of a breach of a material obligation with regard to damage foreseeable at the time of conclusion of the contract and typical for the contract. The amount of liability in accordance with clause 11.2 for all resulting
arising is also limited to a maximum amount totaling 1,000,000 euros per claim.
calendar year.
9.3 DiBSI GmbH shall not be liable for any further claims. Liability for indirect damage and consequential damage is excluded. The aforementioned limitations of liability do not apply to bodily injury/death.
9.4 Insofar as liability is excluded or limited under this framework agreement, this shall also apply to the personal liability of DiBSI GmbH’s board members and employees.
9.5 The liability of DiBSI GmbH is excluded, unless within three
The claim for damages must be filed in writing within one calendar month of the occurrence of the damage and – in the event of rejection by DiBSI GmbH – a legal claim must be filed within one calendar month (preclusive period).
9.6 Complaints about invoices are excluded if they are not received within three months.
The claim must be made in writing within one calendar month of receipt of the invoice.
10 Place of jurisdiction and place of performance
The place of performance is the registered office of DiBSI GmbH. Schwerin is agreed as the place of jurisdiction.
11. other
The customer declares that neither he nor his executive bodies, employees and group companies or
parties owned or controlled by it with commercial and industrial property rights.
economic sanctions (sanctions) or is the subject of a claim, proceeding or
investigation in relation to sanctions are or have been. The customer further declares that it is neither owned nor controlled by a party subject to sanctions. The customer shall take appropriate measures to ensure that he, his employees and
Group companies comply with any sanctions imposed and does not undertake any activities,
that result in DiBSI GmbH, its group companies and employees violating sanctions. The customer assures not to offer the companies of the DiBSI GmbH Group and employees any funds that originate from business or transactions with parties or participants that are subject to sanctions or from actions that are contrary to sanctions. If a contracting party is unable to fulfill its obligations under this contract for reasons of force majeure, such as fire, strike, lockout, war, government intervention, natural disasters, sabotage, etc., it shall be released from the corresponding obligations, but only for the period during which the force majeure situation persists. This also applies in the event of a pandemic (e.g. Covid-19) which has a significant economic or legal impact on the feasibility of this contract (e.g. officially ordered curfews, orders to close businesses, quarantine, incapacity to work of a not inconsiderable number of temporary employees, etc.). The occurrence of such an event must be notified to the other contracting party without delay. In such cases, the contracting parties shall immediately contact each other and discuss the expected duration or extent of the disruptive effects and the measures to be taken. The contracting parties undertake to use all technically possible and economically reasonable means to ensure that this contract is fulfilled again. Claims for damages by the parties are excluded in these cases. If the force majeure situation persists for more than 6 months, either party shall have the right to terminate this contract. Offsetting or assertion of a right of retention is only possible to the extent that the claims are undisputed or recognized by a court. All amounts to be paid by the customer to DiBSI GmbH are subject to statutory value added tax. The invalidity of any part of these terms and conditions shall not affect the validity of the remainder.
other provisions. Both contracting parties are obliged to replace the ineffective
provision which, from an economic and legal point of view, corresponds to the
as close as possible to what was originally intended. German law shall apply to the exclusion of
German private international law.