General terms and conditions of business
PERSONNEL PLACEMENT EURO CAREER doo
1. Subject of the contract
(a) The recruitment agency undertakes to the client to place employees against payment of a fee for the placement carried out by the client (recruitment contract).
(b) These general terms and conditions apply to all personnel placement contracts, excluding conflicting conditions of the client, even if the contractor does not expressly object to them.
(c) The client agrees to provide all information required to carry out the placement order. This applies above all to the preparation of a job description and the determination of the requirements profile.
2. Services of the recruiter
(a) The recruiter will search for applicants for the above-mentioned activities with the qualifications mentioned there and in the required number for the client, carry out a selection, prepare the application documents of suitable applicants in German and introduce the applicants to the client.
(b) Both parties agree that the client will not incur any costs for recruiting applicants (advertisements in newspapers, etc.).
3. Compensation
(a) The entitlement to the recruitment fee arises as soon as an employment contract between the client or a partner subsidiary or parent company that is economically or legally related to the client and the placed applicant has been concluded and the probationary period (max. 1 month) has ended .
(b) A claim for a fee also arises if an applicant suggested by the contractor is hired. The past time frame when the applicant was introduced is not relevant here! For the determination of the agency fee, it is irrelevant whether a fixed-term or permanent employment contract is concluded or the employment relationship is later terminated. The regulation applies mutatis mutandis when a training service and other employment contracts are concluded.
(c) If the client concludes an employment contract with an applicant introduced by the recruiter, the recruiter receives a placement fee. The amount of the fee depends on the qualifications of the employee and is determined individually for each employee. The invoicing takes place after the end of the probationary period (maximum 1 month), at the same time as the wage payments to the placed employee into the account specified by the recruiter.
(d) If the employment contract is terminated prematurely within a period of 3 months, from whatever side, the last fee payment is considered the final payment. This mediation does not incur any further costs for the client. Unless the same employee is employed again. Fees that have already been paid for this employee will not be taken into account! A new brokerage contract is created!
(e) If a third party concludes a contract with an applicant based on documents and information that the client received from the recruiter and which the client passed on contrary to Section 7 of these General Terms and Conditions, the client also owes the placement fee.
(f) If an applicant is re-employed in the same company after the expiration of a fixed-term employment contract, only 50% of the current fee is due! Special fees or partner prices do not apply here! This regulation only applies if the contract is terminated due to the expiration of a fixed term. From the 3rd employment onwards, the applicant is exempt from paying fees!
(g) If the employment contract is terminated during the probationary period (14 days, but no longer than 1 month), NO fee will be charged.
Pre-assessment
(a) If an applicant introduced by the recruitment agent has already applied to the client independently of the introduction by the recruitment agent, the client is obliged to inform the recruitment agent immediately after receiving the application documents from the recruitment agent.
(b) In this case, the recruitment agent will not provide any further services with regard to this applicant. The client can, however, instruct the recruitment agent to continue working with regard to this applicant. If in such a case a contract is concluded between the client and the applicant, the recruitment agent will receive the full placement fee.
4. Obligations of the client
(a) The client undertakes to submit the conclusion of an employment contract with an applicant placed by the recruitment agency within 10 days of signing the contract and to send a copy of the concluded contract.
(b) The client is obliged to submit all applications (employment permit, etc.) in a timely manner and to send the agency a copy of the permit/registration!
5. Payment
(a) Invoices from the recruitment agency are due immediately and without deduction or delay.
(b) The client can only offset claims from the recruitment agency with undisputed or legally established claims.
(c) If the client is more than 30 days late in making payment, the recruitment agency can invoice an expense allowance of EUR 50.00. Unjustified discounts will be claimed in full.
6. Confidentiality/ Documents
(a) The contracting parties are obliged to maintain confidentiality regarding documents and information that they have received about the other contracting party or an applicant in the context of the placement or application and not to pass them on to third parties. This obligation continues even after the contract has ended.
(b) The client must hand over documents handed over by the recruitment agent at the request of the recruitment agent. This does not apply to documents passed on from an applicant with whom the client has concluded a contract.
7. Termination of the brokerage agreement
(a) This agency contract can be terminated by either side up to two months before the agreed start of work.
(b) If termination occurs after this period has expired, the recruiter may charge loss compensation amounting to 50% of the determined fee.
(c) A non-arrival of an assigned employee is not considered a breach of contract! Termination must be made in writing by email or post.
(d) If a contract is concluded between the client and an applicant introduced by the recruiter after termination of this contract, the recruiter’s claim to a placement fee remains unaffected.
8. Liability of the recruitment agency
(a) The recruiter is liable for the proper selection of applicants (cardinal obligation). If the contractor violates this cardinal obligation without being accused of intent or gross negligence,
the amount of liability will be limited to the coverage amount of the liability insurance taken out by the contractor, which will be proven upon request.
(b) The recruiter is only liable for other breaches of duty that do not relate to cardinal obligations in the event of intent or gross negligence. Moreover, liability is excluded.
(c) The liability limitations according to 9.a and 9.b apply mutatis mutandis to the benefit of all employees of the recruitment agency.
(d) If the applicant terminates the employment contract early, the recruiter will allow him to find a suitable replacement employee within 2 weeks. If replacement staff are desired, the client must communicate this in writing.
(e) Disclaimer of liability: The recruiter declines any liability in relation to the non-arrival of a placed employee!
9. Final provisions
(a) If part of these terms and conditions is ineffective or void, this does not affect the effectiveness of the remaining provisions. Instead of the ineffective provision, the contractual partners will make a regulation that corresponds to the intended purpose in a permissible manner.
(b) Changes and additions to these general terms and conditions as well as all contracts between the contracting parties require written confirmation by the recruiter to be effective.
(c) The place of performance and place of jurisdiction for both contractual partners is the commercial court in Pazin, Republic of Croatia. This applies to all disputes arising from the contractual relationship, including documents, check and bill of exchange processes, if the client is a merchant or a legal entity under public law.
In Pula, May 15, 2024
