General Terms and Conditions
General Terms and Conditions of Christian Schweinzer Consulting with its registered office in Ipark 230, 8262 Ilz, Austria, hereinafter referred to as “CSC”.
Status: May 16, 2018
CSC is specialised in placing skilled and executive employees in the hotel, gastronomy, tourism and cruise sectors. Personnel selection processes are supported in an advisory capacity and with know-how. These GT&Cs regulate the conditions, under which individual placement orders are handled. The individual orders handled on the basis of these conditions are referred to CSC personally, by phone or in writing by the client according to requirements.
1. Object of the Contract
CSC is commissioned to supply employees from home or abroad to employers especially in the tourism, hotel, gastronomy and cruise sectors. The assignment has as its goal the establishment of gainful employment for workers, respectively of establishing pre-conditional relationships for the purpose of employment of these persons The object of the contract is merely the initiation, not however the completion of contracts in the name of the client.
2. Placing of Orders
2.1 For the expedience of the assignment, the client shall provide a most accurate outline of requirements with regard to the prospective employee describing the workplace and divulging all information that is required for a successful placement. Orders to CSC shall be placed either verbally or in writing and only become chargeable when a service has been carried out by CSC.
2.2 After the order for assignment has been placed, the client receives a selection, pre-selected in accordance with specific specifications and after consultation with the client, of potentially suitable applicants. With the acceptance of the order by CSC the first part of the invoice (service charge), which is independently of an employment, becomes due and is to paid immediately.
2.3 The client as well as persons in search of employment empower CSC expressly, to transfer all data transmitted to third parties for the purpose of the assignment. The client empowers and contracts the firm of CSC expressly, to process all personal and other published data relating to his company and all given information electronically. The client also agrees, that this data will be, if required by law, passed on to third parties, especially authorities and other institutions.
3. Legal Relationship: Client and Person Recruited
The purpose of CSC is to present suitable employment seekers to the client. The establishment of the employment relationship is, however, solely between the client and the employment seeker. The client is responsible for observing all work-related laws or all work-related laws shall be agreed upon between the employer and the person recruited. These laws are not the subject and integral part of CSC’s business area or the order for assignment.
4. Trial Period
The expression “trial period” used within the framework of this contract or for conducting this legal transaction is not based on the legal trial period or trial period binding in the collective agreement as defined in the contract of employment between employer and employee, but amounts to 14 days for seasonal positions and 3 months for one-year or permanent contracts on the basis of the recruitment work.
5. Assignment Guarantee
Should an employee recruited by CSC leave a placement, for any reason, other than redundancy, within the agreed trial period CSC guarantees – where the invoice has been paid within the specified time of 14 days, to replace the candidate at no additional cost.
In the event of no suitable replacement provided, CSC will issue a credit note, which can be used without time limitation for further assignments.
6. Agency Fee
6. 1 The agency fee for seasonal positions is one month’s gross wages +VAT. In case a second contract will be confirmed, 75% of the original fee will be charged. For Management positions and full-time personnel the agency fee is 25% of one year´s gross wages + VAT.
6.2 When a client places the order, CSC will charge a flat rate of € 3.980,00 + VAT for Management positions and full-time personnel respectively € 1.980,00 + VAT for seasonal positions as processing fee and part of the commission. This amount has to be paid immediately.
6.3 The remaining commission, less the processing fee, has to be paid once the contract is signed or latest at the start of work.
6.4 The appropriate agency fee is also payable if a client employs a candidate again at a later date after terminating the employment relationship during the trial period. No third party referrals are accepted. It is to be emphasised, that the mentioned trial period is not a trial period required by work-related laws or a legally compulsory trial period
6.5 Should a potential candidate suggested by CSC be rejected by the client then the full agency fee is payable if the client employs the candidate who has been introduced to them by CSC within 12 months of introduction. Even if the employment relationship is terminated, independent of whether by employer or employee, an agency fee will be paid prorated for the time period of the employment relationship after an overall time period of 4 weeks independent of the time period ruling.
6.6 The client agrees to the appropriateness of the agreed upon fees and therefore waives the right to contest the contract, except when it is less than half fulfilled (laesio enormis) or in case of errors.
7.1 The firm CSC carries out research to the best of its knowledge, does, however, not accept any liability for recruited employees. It cannot guarantee that a candidate is not assigned another placement or that a candidate chooses to accept another placement. The firm CSC has no liability whatsoever for the professional or physical suitability of the prospective employee. Liability is also non-existent, when the prospective employee has undergone aptitude tests, tests and classification tests and the results of these have been divulged to the client. Claims for replacement are also impossible in the case of damages committed by the prospective employee.
7.2. The client has to inform the firm CSC expressly and certifiably of any possible health hazard for the prospective employee. The client is liable to CSC for breaches of law (especially work related laws) that occur due to the pertinent contract.
7.3 For reasons of data protection, we expressly point out that data and information provided by the firm CSC shall not be passed on to third parties. The client commits himself to use the data provided by the firm CSC solely within the framework required to establish a working relationship. The client is liable for infringements of these provisions. As soon as this data is no longer required for this purpose, the client is obliged to destroy it. Any further use or further distribution of the data provided by the firm of CSC is prohibited.
8. Salvatory Clause
The validity and conditions of other parts of the contract are unaffected, should previously mentioned terms be invalid, ineffective or impracticable. The contract partners are in such a case obliged to negotiate the terms in question until clauses that correspond closest to the meaning and purpose of the finalised contract are found.
9.1 Changes or additions to the contract are to be made expressly in writing. The client will waive any reference to verbally changed or additional arrangements. The firm CSC is not liable for losses incurred due to faulty record taking.
9.2 The place of jurisdiction for all possible disputes arising from this contract is Graz. All statements, documents and publications shall be written in gender-neutral language in terms of the General Terms and Conditions i.e. CSC is directed at both men and women equally.