General Terms and Conditions for the Provision of Personnel
(as of February 26, 2025)
XY, hereinafter referred to as “XY”, offers the provision of temporary workers (hereinafter referred to as “TWW”) exclusively on the basis of these General Terms and Conditions.
The provision of personnel by XY takes into account the applicable legal provisions, in particular the Temporary Employment Act (AÜG) and the collective agreement for the temporary employment sector as well as the collective agreement for employees in trade, crafts and services, in the currently valid versions.
Before any ZAN is provided and before any change in the use of ZAN provided, the employer must inform XY in writing about the suitability required for the activity, the required specialist knowledge and the associated collective agreement classification in the collective agreement applicable in the employing company for comparable employees for comparable activities, as well as about the special characteristics of the job to be filled, in particular about heavy night work or heavy work and the relevant safety and health protection documents as well as the respective risk assessments. The employer must also inform XY about the binding provisions applicable in his company (e.g. works agreements) regarding working hours and vacation and send these to XY in writing.
If XY incurs expenses due to incorrect or incomplete information provided by the Employer and resulting subsequent demands from the assigned ZAN or authorities, the Employer shall be fully liable for these additional demands and penalties as well as for all disadvantages resulting from this for XY.
XY points out that the employer is considered an employer in accordance with Section 6 of the Temporary Employment Act (AÜG) within the meaning of the employee protection regulations and that for the duration of the employment he is responsible for the service and technical supervision as well as other duties of care in connection with employee protection, rest periods and working hours with regard to the ZAN employed in his company. The employer is obliged to comply with the general regulations on occupational health and safety, accident prevention and the general safety and occupational health rules, as well as to provide first aid measures and specific protective equipment and to inform XY about them. Any necessary preventive or follow-up examinations in accordance with Section 9 of the ASchG must also be arranged and documented by the employer and the costs must be borne by the employer.
Furthermore, according to Section 6a AÜG, the employer is considered an employer within the meaning of the equal treatment provisions and the prohibition of discrimination with regard to the ZAN employed in his company.
The employer assumes sole liability for the unlawful employment of the ZAN assigned to him. If XY suffers damage due to non-compliance with the provisions to be applied by the employer, the employer expressly indemnifies XY against all claims.
XY is not liable for a specific result of the work performed by the ZANs assigned to it, nor for damages and/or consequential damages caused to the employer by the ZANs assigned to it. In the event that XY is liable to pay damages to the employer due to improper performance of the contract, XY's liability to the employer is limited to €5,000.
If the fulfillment of the contract is made impossible or partially impossible or significantly more difficult by an event that is to be considered force majeure (e.g. natural disasters, labor disputes, epidemics and pandemics, unforeseen events, etc.) or by an official order or law (e.g. due to illness and epidemics), the normal hours of temporary workers lost as a result will continue to be charged to the employer as normal working hours. The general principle applies: "The same entitlement rules for remuneration apply to temporary workers as to permanent employees."
Transferred ZANs have the right to attend any works meeting at the employer's company. In the event of a strike or lockout at the employer's company, the transferred ZANs may not be deployed for the duration of the measure in accordance with Section 9 of the Temporary Employment Act. The hours lost will be charged to the employer in accordance with the agreed hourly rates. In addition, the agreed return periods according to point 12 remain fully valid.
Absences as periods of inability of the temporary employee to work, such as illness, official procedures, vacation, special leave, care leave, unexcused absences or the like, are borne by XY if these were notified to XY by the employer in a very timely manner (24 hours).
Absences of the transferred ZAN as a result of accidents at work that occur during the transfer to the employer are at the expense of the employer and are charged to the employer as service hours for the period in accordance with Section 2 Paragraph 5 EFZG or Section 8 Paragraph 2a AngG.
If the employer asks the ZAN to leave the premises/place of work due to a positive Covid test result but without symptoms of illness or prohibits access and the employer thus refuses to allow the ZAN to work, although the ZAN can perform work in compliance with the current legal situation despite a positive Covid test result with an FFP2 mask and appropriate hygiene measures (since there are no symptoms of illness), the employer will reimburse XY for the ongoing remuneration costs incurred for this period, including additional costs (wage contributions, fees, if applicable, pro rata special payments) after invoicing.
The temporary workers assigned to the employer are entitled to the remuneration resulting from the collective agreement applicable in the respective employing company and from the provisions of the collective agreement for the temporary employment sector or the collective agreement for employees in the skilled trades, industry and services. In order to ensure correct invoicing of the temporary workers assigned, the employer is obliged to inform XY in writing of the collective agreement applicable in his company for the temporary workers assigned, any works agreements regulating wages and other written agreements made with his works council on standard company wages. If collective wage increases or other statutory or collective cost increases come into force during the term of the assignment, XY is entitled to increase the agreed hourly rate by the same amount (as a percentage) from the time of entry into force.
If the assigned ZAN are to be used for assignments outside the employer's permanent, fixed location, XY must be informed in advance by the employer in order to ensure that expenses are correctly billed. Travel times from the employer's location or arrival and departure times from the home of the assigned ZAN to locations outside the employer's permanent, fixed location are charged at the standard hourly rate. For business trips arranged by the employer using the assigned ZAN's private vehicle, e.g. to transport people or materials, etc., the applicable official mileage allowance is charged.
If the assigned ZAN are to be deployed outside Austria, XY must also be informed immediately by the employer in order to ensure that the permits required in the country of deployment in connection with residence and employment as well as social insurance and income tax are applied for in a timely manner. The employer acknowledges that if the assigned ZAN is deployed abroad, he must take out repatriation insurance or be charged for the costs of any repatriation of ZAN. In the case of foreign deployments, the working hours, Sundays and public holiday regulations of the respective country of deployment are deemed to have been agreed. If the 36-hour weekend rest period is not observed, the employer will be invoiced for any substitute rest periods at the agreed standard hourly rate.
The normal working hours of the ZAN assigned to the employer are 38.5 hours per week for full-time employment. In employer companies with collective agreements or other generally different working hours, the working hours applicable to comparable employees at the employer also apply to the ZAN assigned. For each ZAN assigned to his company, the employer is charged for the hours that the respective ZAN has actually worked, but at least the hours that the employer has commissioned from XY. Absences in accordance with point 6 paragraph 1 of these general terms and conditions are excluded from this.
If ZAN are taken on by the employer as employees or employees-like persons in a direct contractual relationship, the employer will be charged a reasonable reimbursement of costs amounting to 24% of the respective ZAN's annual gross salary for the administration and recruiting costs incurred before the start of employment. The reimbursement of costs does not apply if the ZAN was previously assigned to the employer for 12 full calendar months. The amount of the reimbursement of expenses is based on the ratio of the period of employment already elapsed for the assigned ZAN to the remaining / total minimum period of employment. Accordingly, the reimbursement of expenses is reduced by 2% per month from the start of employment.
In the event that the employer enters into a (freelance) service contract with a candidate named by XY within 12 months of the name being announced for the first time, he must inform XY of this immediately and reimbursement of costs amounting to 24% of the respective ZAN's annual gross salary must be paid.
If a ZAN is to be taken on as a direct employment relationship between the latter and the employer, the employer will inform XY in good time, taking into account the retention periods to be observed in accordance with point 12 of these terms and conditions.
Irrespective of any reasonable reimbursement of costs, XY is entitled to an additional flat-rate fee of EUR 150 for the costs incurred as a result of the takeover (final settlement, organizational and administrative expenses, etc.) if the employer takes on a ZAN.The termination of the employment of temporary workers must be notified to XY in good time before the planned end of the assignment, otherwise the employer will be billed for the hours worked until the timely end of the assignment at the standard hourly rate. The amount of the return period to be observed for workers is: Daily in the first month of the assignment , up to 12 months: 2 weeks , over 12 months: 4 weeks - always at the end of a working week. For temporary employees, the return period in the first month of the assignment is: Daily , thereafter: 1 full calendar month .
If the notice periods are extended due to a change in the law (e.g. Employees Act, ABGB) or a change to a collective agreement (e.g. collective agreement for workers in the temporary employment sector), these extended notice periods will apply immediately from the time they come into force, without an additional agreement, as the amount of the new return periods to be observed. This also applies in particular to temporary workers who were already assigned before the change in the law or collective agreement.Furthermore, the employer undertakes to bear all costs in connection with so-called "mass dismissals" which are triggered by the early warning system pursuant to Section 45a AMFG at the AMS. This means that the employer pays the agreed remuneration for the transfer to XY both for the duration of the blocking period pursuant to Section 45a Paragraph 2 AMFG and for the subsequent statutory or collective agreement-based notice period.
Unless otherwise agreed, XY is entitled to terminate the contractual relationship with regard to the specific assignment with a notice period of five working days to Friday without stating reasons. If the employer defaults on payment, if there is information about payment difficulties, if insolvency or bankruptcy proceedings are initiated against him, if he violates employee protection regulations or otherwise acts in gross violation of the contract or the law, XY is entitled to terminate the contract with immediate effect without observing a notice period and to deduct the ZAN provided. The employer's claims for damages on this ground are excluded.
Any other allowances accruing according to the employer's collective agreement are invoiced separately using the factor for normal hours. For bonuses and piecework, either the usual performance-related wages at the employer or the surcharges prescribed according to the collective agreement for the temporary employment sector are also offset using the factor for normal hours. Paid time off and special holiday arrangements according to the works agreements applicable at the employer that go beyond the entitlements of the employer's collective agreement are offset at the agreed normal hourly rate (e.g. paid breaks, additional holiday days, December 24th/31st regulations, etc.). In the case of flexitime arrangements at the employer's company, care must be taken to ensure that the flexitime accounts of the temporary employment agency workers are balanced on the last day of the assignment. On the billing date or at the end of the assignment, the agreed overtime allowances and remaining negative flexitimes are charged to the employer at the agreed standard hourly rate for the remaining flexitime credit. Overtime in part-time employment is charged to the employer at a 25% surcharge, unless this is used up through time off in accordance with the legal provisions.
- Any additional services used or expenses incurred in connection with the provision of personnel (e.g. work equipment, examination costs, aptitude tests, evaluations and reports, etc.) will be invoiced separately to the employer as a special item.
All prices quoted are net prices and are payable promptly without further deductions plus 20% VAT. XY reserves the right to demand security in the form of a bank guarantee or advance payment if the credit rating is insufficient. The employer must provide XY with his VAT number at the start of the order. If the tax liability is transferred to the employer in accordance with Section 19 Paragraph 1a of the VAT Act 1994 (construction services), the employer must inform XY of the transfer of the tax liability, which means that the invoice is invoiced without VAT. Invoicing is generally carried out weekly on the basis of the timesheets of the ZAN provided, confirmed by the employer. Invoicing is carried out electronically. The employer undertakes to provide his email address, which is to be used for this purpose.
The Employer is not entitled to offset his own claims against the invoice amount or to withhold payments due for any reason whatsoever. In the event of late payment, 10% interest per annum will be charged from the due date. As compensation for the collection costs, the Employer will be charged reminder fees of EUR 40 per reminder run.
The employer expressly agrees to receive offers and information electronically or to be contacted by telephone by XY.
The contracting parties undertake to be mutually loyal and to maintain confidentiality regarding all business matters that come to their attention in connection with the processing of the order, in particular business and trade secrets of the other contracting party. Exceptions to this confidentiality obligation exist in the case of statutory obligations to make statements.
The employer undertakes to treat all names of employees or applicants as well as all information received about them as strictly confidential. In particular, he undertakes not to pass these on to third parties under any circumstances or to make them known to third parties. If the employer acts contrary to this obligation, a contractual penalty in the amount of the agreed fee, regardless of fault and not subject to judicial mitigation, is deemed to have been agreed.
In the contractual relationship, both XY and the employer are independent controllers within the meaning of Art. 4 (7) GDPR.
XY transmits personal data of employees or applicants to the employer in accordance with the employer's requirements to fulfill the services ordered. The employer is aware of the provisions of the General Data Protection Regulation (GDPR) and the Data Protection Act (DSG). In this context, the employer undertakes to comply with the provisions of the DSG, in particular Section 6 (data secrecy), and the GDPR, in particular Article 32 (necessary measures to ensure security) and to cooperate in safeguarding the rights of those affected, such as their right to information.
Personal data of employees or applicants that have not led to a contractual relationship must be deleted immediately by the employer. After the end of a transfer, the employer is obliged to delete personal data from ZAN immediately. This does not include data that the employer is legally obliged to retain.
The employer agrees that his data obtained through the business relationship may be stored and processed by XY and used to initiate further business relationships in the area of personnel services and to transmit offers and information.
In all cases where a monthly flat rate (payroll) has been agreed, this will be charged in full even during periods of non-performance (such as vacation, illness, public holidays and other absences). Unpaid periods of service reduce the flat rate pro rata. When the assignment ends, the monthly flat rate will be charged up to the day on which continued payment of wages is required. The pro rata share is calculated from the TARGET versus ACTUAL working hours.
The employer undertakes to immediately notify XY in writing of any changes to its company name, business address, VAT number, the loss of the requirements for the transfer of tax liability within the meaning of the VAT Act or other information relevant to XY, otherwise he shall be liable for any (financial) disadvantages incurred by XY as a result of the missing information.
The invalidity of individual provisions of this agreement does not affect the validity of the remaining provisions. All agreements deviating from these terms and conditions must be recorded in writing. Oral side agreements do not become part of the contract.
Changes to these general terms and conditions are deemed to be agreed unless an objection is raised within 14 days of written notification of the change.Austrian law applies. The exclusive jurisdiction of the court with jurisdiction for the ZIP CODE, LOCATION is deemed to be agreed.