SALISU Personalkonzepte GmbH (SALISU Personnel Concepts GmbH), here after referred to as “Salisu” offers customers all manner of staffing services. These include both the support in the discipline of personnel recruitment including (but not limited to) temporary and permanent employment positions.
2. Scope Personnel Leasing
The points 2 to 10 of these General Terms and Conditions (GTC) apply to the temporary employment services by Salisu.
3. Conclusion of Contract
The contract is valid as soon as an order agreement has been made, be it verbally or in a written form. It is also valid once confirmation of the temporary and/or permanent employment by the customer/ordering party of a candidate proposed by SALISU has been received.
Salisu employs candidates for the purpose of transferal to third parties and supplies customers with these candidates. The terms under which candidates are supplied are outlined in this document and are in accordance with the so-called Arbeitskräfteüberlassungsgesetzes aka AÜG (translation: temporary employment law). Although Salisu does supply candidates for employment, these candidates are subject to the guidance and instructions of the client. Salisu is in no way responsible for the delivery of a particular service or product which the client expects of the candidate(s).
The customer is only permitted to employ the candidate(s) as defined in the work description agreed with Salisu. Should the candidate be required to deliver work and/or services of a higher qualification requirement, then this is considered automatically as an extension of the existing contract and is subject to additional remuneration.
The candidate is not permitted to be employed by the client for the purposes of debt collection or in the collection of cash or valuables.
5. Termination of Contract
Salisu is entitled to terminate its contractual obligations at any time without offering any explanation. Damage claims due to a withdrawal of this kind are invalid.
If payment is delayed beyond the agreed dates or if the client’s credit rating should fall, then Salisu is entitled to cancel all services with immediate effect and/or to withhold additional services until an advance payment has been made.
A written notice is required should the client no longer have need of any candidate’s employment.
The notice periods as defined by law apply (6 weeks notice for employees).
6. Employee Protection
In line with AÜG guidelines, the client is responsible for the duration of the employment lease for all adherence to employee protection laws and regulations as well as ensuring the candidate’s general well-being at the place of work. The client expressly declares that there will be no impairment of salary and employment standards and that there is no risk of job loss at the place of work due to the lease. The client commits to immediately notifying any changes that may come about to Salisu. The normal working hours of the leased candidate is governed by the labour law and contractually agreed terms for the actual work performed. Working hours will be defined so as to be in line with similar jobs at the clients’ place of work (§ 10 para. 1 AÜG applies).
7. Data protection / transfer of ownership
Salisu ensures that the candidate is bound to a Non-Disclosure Agreement (NDA) to ensure that all company and trade knowledge is protected at all times.
All ownership rights to the work results achieved by the candidate with this contact agreement are the sole property of the client.
Billing is based on the number of hours worked by the candidate and the rates which are defined in each individual lease contract. Any third party costs such as travel costs will be billed to the client. Any training or coaching costs are to be paid for by the client.
The number of hours worked must be recorded by each candidate and validated by the client with an authorised signature. This validated confirmed time sheet serves as proof of the number of hours worked and equally as the basis for remuneration and is to be sent to Salisu at the end of each calendar month.Any time sheets which might be withheld by the client does not entitle the client to withhold payment.
Invoicing occurs on a monthly basis. The invoice amount is to be paid immediately upon receipt without deductions. Any objections must be made within 5 business days after receipt of invoice; this does not affect the sum total due in any manner. Any delay in payment will be charged with a penalty fee amounting to 2% interest per month from the due date, as well as an administrative fee of €15 per reminder notice.
Salisu is responsible for the careful selection of the desired candidate, but not for the delivery of the work, since the chosen candidate is to be considered as the direct service provider for the client for the duration of the lease (in particular with regard to § 7 para. 1 AÜG).
Any mutual demands between the client and the candidate may neither be nor remunerated directly for the duration of this contract or under any other under other contractual agreements. Salisu accepts no liability for any tasks the candidate might be entrusted with such as cash management and/or the administration or custody of money, securities and other valuables.
The client will ensure indemnity for Salisu should Salisu be deemed accountable for any illegal activity the client might be charged with in conjunction with the employment lease.
The client agrees to pay a finder's fee to Salisu as soon as a candidate recommended by Salisu enters an employment relationship with the client within the validity of the contract and for a period of 12 months after the contract ends.
Points 11 to 15 of these General Terms and Conditions apply for the recruitment of permanent positions by Salisu.
The services provided cover a diligent and systematic recruitment process as well as all vetting and selection activities. Based on the job and requirement profiles provided by the customer, suitable candidates are pre-selected and presented to the customer with the relevant documents. Salisu places strong value on ensuring that candidates meet the desired profile of the customer. To ensure this, Salisu defines each personnel selection by following a structured approach. Only then does Salisu provide the customer with the candidate profiles in a uniformly manner.
Upon request Salisu can coordinate job interviews for clients and candidates.
13. Performance Fee and payment terms
The performance fee and the payment terms are defined individually as an offer. If the performance fee and the payment terms are not agreed in an offer form the following conditions apply:
If the job vacancy is filled a fee of 20% of the gross annual salary up to and including €80,000 is to be paid, The fee is 25% of gross annual salary of €80,001 and above. The fee covers all of Salisu’s services and efforts. The fee is only applicable if a vacancy is filled with a candidate recommended by Salisu.
The fee does not include VAT and is due within 10 days after invoicing. The basis for calculating the fee is the candidate’s agreed gross annual target remuneration (incl. 13 u. 14 monthly salary, fixed and expected commissions, bonuses and allowances other wage-like sums)
If the employee’s employment is terminated within the first 3 months - for reasons the employee is himself/herself responsible for - Salisu will provide a new search within 30 days of the contract termination date. The fee is then set at 10% of the gross annual target salary.
15. Data protection and confidentiality
All information about the candidates must be treated with the utmost confidentiality.
Applicants’ documents are confidential and must be returned to Salisu or destroyed if an employment does not come about. All e-mail and other correspondence with candidates must be deleted permanently and may not be stored at all. Any copies must be destroyed. The customer is not entitled to pass candidates’ documents to third parties and not to use them otherwise, directly or indirectly. References can always be provided by Salisu.
Salisu pledges to treat all information obtained from clients and candidates as strictly confidential.
If a candidate is employed by the client (permanently or temporarily) or by a third party before the expiration date of 12 months, Salisu is entitled to payment in full of the fee rates mentioned above. Services provided by Salisu should not replace a thorough and diligent screening of candidates by the client himself. All responsibility for the candidate is transferred to the client upon signing the employment contract. Salisu screens the personal details of the candidates as carefully as possible but cannot accept any responsibility with regard to the statements made and with regard to the future employment position. Salisu does not accept any form of remuneration from candidates as part of the recruitment process.
Jurisdiction is Vienna, Austrian law applies.
18. Other conditions
Should one of the above conditions be void, invalid or unenforceable, this shall not affect the validity of the contract and the remaining terms and conditions. The parties endeavour to always try and find a solution to any issue that may arise and together to seek one which meets the general terms and conditions outlined in this document.
19. Gender Neutrality
The contents of the contract apply equally to both sexes.