General Terms and Conditions

Recruitment and communication agency 2Workin.de GbR

(in the following: Recruitment agency)

Leonhardtstr 2
30175 Hanover

§ 1 General

1. Orders from customers (hereinafter referred to as the client) to the recruiter for the provision of recruitment services shall be executed in accordance with these General Terms and Conditions. The General Terms and Conditions shall apply for the entire duration of the business relationship, including payments by third parties.
2. The general terms and conditions of the recruiter shall apply exclusively. The client's General Terms and Conditions shall only apply in the event of the written consent of the recruiter.
3. The General Terms and Conditions shall remain binding in the event that individual provisions are otherwise invalid. German human, migration and labour law shall apply to employment contracts that are concluded on the basis of a personnel placement by the recruitment agency 2Workin.de. These GTC shall also apply to all future transactions between the Client and the Principal without the need to refer to the GTC again. The contractor is committed to the "employer pays principle" and will not charge the candidate any placement costs. We therefore refer to the following agreements, which form the basis of 2Workin.de's business activities:

• International human rights conventions
• To follow ILO core labour standards, in particular the ILO guidelines for fair recruitment and, more specifically, the ILO General Principles and operational guidelines for fair recruitment.
• IRIS - Standards of the International Organisation of Migration
• Information on labour migration to the care system in Germany

§ 2 Services

1. The client commissions the recruitment agency with the placement of trainees in the nursing profession as well as foreign nursing staff who can be deployed in Germany on a short-term basis as nursing assistants and, after their qualifications have been recognized, as registered nursing professionals (hereinafter: nursing staff).
2. The client, as the employer, will conclude an employment contract or training contract directly with the respective nursing staff as an employee. The recruiter is not a party to the employment contract and is not an employer or trainer of the respective nursing staff.
3. The recruiter has notified the competent authority of the professional recruitment pursuant to section 14 sub-section 1 sentence 1 GewO (Trade regulation). He/she is also in possession of a certificate from the authority on receipt of the notification pursuant to section 15 sub-section 1 GewO.
4. In accordance with the Employer Pays Principle, International Law (ILO - International Labour Organization), the client bears all costs for recruitment, language training as well as recognition measures.
5. The recruiter is obliged to accompany the nursing staff throughout the recruitment and placement process and to offer the possible solutions in case of conflict situations (e.g. relocation management).
6. Integration management concept is contractually regulated between recruiter and client. When placing international employees, the client undertakes to draw up an integration management concept with at least the following contents or bullet points:

• Preface / Introduction
• Preparations after recruitment
• Arrival and the first few days
• Relocation management support
• Establish integration management
• Sponsorships and mentoring
• Organise recognition process
• Adapt job familiarisation
• Accompany team building
• Expand competences
• Responding to conflicts
• Enabling social participation
• Dealing with dismissal and poaching

The integration management concept is presented to the candidates and becomes part of the employment contract as an annex.


§ 3 Remuneration

1. Agreed remunerations are exclusive of the applicable statutory value added tax, unless explicitly agreed otherwise. The remuneration consists of a placement fee per nursing staff placed.
2. If an employment relationship is established within 12 months after the initial contact by means of the contractor, the receipt of the candidate's documents or the candidate's introduction to the contractor, the fee claim arises in accordance with the fee agreement in full, irrespective of whether there was a written confirmation of the sending of documents, introduction or establishment of a contact by the client.
3. The fee claim arises irrespective of the position in which the candidate presented by the client is employed or deployed by the client. The fee claim also arises in particular in the event that the candidate is employed or deployed for a position other than the one for which the contractor presented the candidate.
4. The fee claim also arises if the candidate is employed within 12 months in the client's group - for example at another group subsidiary or parent company. It is irrelevant whether the presented candidate is hired for the originally intended position or for another position.
5. The salary or training allowance of the respective nursing staff as well as the costs for any necessary professional or accreditation courses and official fees in Germany are not covered by the remuneration. These are to be borne separately by the client.
6. Even after a recruitment contract has been terminated, the client shall owe the recruitment agency the agreed remuneration upon conclusion of an employment contract between a nursing staff proposed by the recruitment agency and the client or a third party.

§ 4 Liability, warranty

1. In the event that nursing staff member who has been placed does not commence his/her activity, the recruiter shall be entitled to offer up to three equivalent nursing staff members within a period of twelve weeks from the actually scheduled commencement of the activity. In this case, the obligation to pay remuneration shall remain in force.

2. The recruitment agency is not a party to the employment contract between the client and the respective nursing staff member. The nursing staff member is neither a vicarious agent nor an assistant of the recruitment agency. Liability of the recruitment agency for damages and other obligations of the nursing staff member arising from his/her activity and breaches of duty by the nursing staff member towards the client and the facility is therefore excluded.

3. The exclusion of liability also applies to cases in which the nursing staff member does not take up his/her activity for reasons for which the recruiter is not responsible. In particular, there is also no liability for delays in the start of the activity resulting from the fact that the granting of visas or work permits takes a longer period of time.

4. The recruiter will check the identity, the professional permit and the professional qualifications of the nursing staff member to the best of his/her knowledge and belief. However, the client will also verify the identity, the professional permit and the professional qualifications of the nursing staff member before the start of the nursing staff member's work.

5. For damages caused by a grossly negligent breach of duty on the part of the recruiter, his legal representatives or vicarious agents, the recruiter shall be liable in accordance with the statutory provisions only with the proviso that liability shall be limited to the foreseeable damages typical of the contract.

6. Liability for damages caused by a breach of duty due to simple negligence on the part of the recruiter, its legal representatives or vicarious agents is excluded, unless the breach relates to a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the fulfillment of which the contractual partner relies and may rely (cardinal obligation), in which latter cases liability is limited to typical contractual and foreseeable damages.

7. The recruiter shall not be liable for damages resulting from changes in legal or official requirements occurring after the conclusion of the contract.

8. The above exclusions and limitations of liability shall also extend to any non-contractual claims and claims for reimbursement of expenses.

9. In the event of intent and damage resulting from injury to life, body or health due to intentional or negligent breach of duty by the recruiter, his legal representatives or vicarious agents, the recruiter shall be liable in accordance with the statutory provisions. This regulation takes precedence over the previous limitations of liability numbers 5 to 8.

§ 5 Payment, due date, set-off

1. The remuneration shall be due in full upon receipt of the invoice by the client. The client shall be in default without further declaration by the recruiter 14 days after the due date, insofar as he has not paid.

2. The client may only offset undisputed and legally established claims against the recruiter's claims for payment. This restriction on offsetting shall not apply to those claims of the client that are based on his claim for the provision of a faultless service that is reciprocal to the respective payment claim of the recruiter.

§ 6 Place of performance and jurisdiction

1. If the client is a merchant, a legal entity under public law, a special fund under public law or is a person who has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from the business relationship between the recruiter and the client shall be Hanover. The recruiter may also sue at the general place of jurisdiction of the client. Mandatory statutory provisions on exclusive places of jurisdiction, e.g. for judicial dunning proceedings, shall remain unaffected by this provision.

2. The legal relationship between the client and the recruiter shall be governed exclusively by the law of the Federal Republic of Germany