General terms and conditions for the supply of temporary workers
This English version is a translation provided for information. In the event of any discrepancy, the German version of these terms shall prevail.
1. General
The supply of temporary workers is governed by the Austrian Temporary Agency Work Act (Arbeitskräfteüberlassungsgesetz, AÜG), Federal Law Gazette 196/1988 as amended, by the collective agreement for the temporary agency work sector in force since 1 March 2002, by Austrian law and by the contractual terms set out below, which are deemed accepted and agreed upon placing an order. Terms deviating from these become legally effective only where they have been agreed in writing between Nirotech GmbH as the supplier and the user undertaking.
Any oral or tacit amendment of the terms below is excluded.
2. Scope of services
Nirotech GmbH supplies the user undertaking with workers who hold the professional aptitude of the occupational group the user undertaking has requested. Unless separately agreed, the qualification of the supplied workers corresponds to the average abilities of a worker in the occupational group concerned.
Workers supplied by Nirotech GmbH may without exception be deployed only for the field of activity stated in the order confirmation.
If a supplied worker does not match the agreed requirement profile, the worker may be returned to the supplier within one day of the start of work; no charge is made for this only upon prior written confirmation by Nirotech GmbH
3. Prices
The net prices stated in offers made by Nirotech GmbH are based on the wage costs at the time the offer is issued. Offers are non-binding at all times unless they are expressly marked as firm by a stated period of validity. In the event of wage increases under the collective agreement or other cost increases, Nirotech GmbH is entitled to raise the prices accordingly, including during the period of employment.
4. Conclusion of contract
Following the offer and the placing of the order, the contract between Nirotech GmbH as the supplier and the user undertaking becomes legally effective only upon written order confirmation by Nirotech GmbH The content of the contract is the content of the order confirmation together with the general terms and conditions for the supply of temporary workers of Nirotech GmbH
5. Period of employment
The start of work is the date stated in the order confirmation, which is binding on the user undertaking. Should no employment take place on that date, the user undertaking shall pay the agreed hourly rates until other employment is taken up, at most until the end of the agreed period of employment.
The last working day is the date stated in the order confirmation; it may be reset by an extension, which must be notified one week before the end of the assignment.
Where workers are supplied for an indefinite period, either party may terminate the supply relationship in writing within seven days without stating reasons.
6. Terms of transfer to the user undertaking
If a worker offered for supply or supplied is taken on by the user undertaking as an employee or as a person in an employee-like position within 12 months, the user undertaking undertakes to pay Nirotech GmbH the value of 320 offered hours as reimbursement of expenses from the date of transfer. This reimbursement is reduced by 1/12 for each full month of prior employment by the user undertaking. The same applies to affiliated undertakings of the client, that is, those with the same registered managing directors or shareholders. This reimbursement in the amount of one gross wage (including employer’s incidental wage costs) plus a handling fee of EUR 500.00 is also agreed where the person offered or supplied is not in an employment relationship with Nirotech GmbH at the time of the transfer.
7. Ban on deployment
If a user undertaking is affected by a strike or a lockout, Nirotech GmbH must be notified without delay. In that case an immediate ban on employing the supplied workers at the user undertaking takes effect.
8. Obligations of the user undertaking
The user undertaking is obliged to comply with the applicable public-law provisions on the protection of employees and with the duty of care under employment law, and is liable to the supplier of temporary workers in this respect. It is incumbent on the user undertaking to register the workers supplied to it with its own business liability insurance.
9. Liability
Nirotech GmbH is not liable for any particular work performance or for any particular result, nor does it accept liability for any damage caused by the worker. Nirotech GmbH bears no liability whatsoever for any claims for damages or under warranty arising from or in connection with the work carried out by the supplied worker, unless mandatory statutory provisions state otherwise. Where the supplied worker uses work equipment, vehicles and the like belonging to the user undertaking, Nirotech GmbH is not liable for damage sustained by or arising from them. Before making vehicles available to the supplied worker, the user undertaking must verify that the supplied worker holds the authorisation required to drive such vehicles. Nirotech GmbH is not liable for work not performed or performed late, in particular in cases of force majeure or of illness or accident of the supplied worker; in such cases Nirotech GmbH is entitled to withdraw from the contract or to supply a different worker, and claims for damages against Nirotech GmbH arising from this are excluded.
The remuneration payable to the supplied worker is determined by the collective agreement in force at the respective user undertaking, for the correctness of which the user undertaking is liable. Where works agreements or other written agreements between the user undertaking and its works council exist at the user undertaking, the supplier’s wage increases by a fixed defined percentage under the collective agreement for the temporary agency work sector.
The user undertaking therefore undertakes to inform Nirotech GmbH of such agreements without delay, and thereby to ensure that the supplied personnel is paid correctly under the law and the collective agreement. Should Nirotech GmbH be obliged to make back payments of wages as a result of the user undertaking failing to do so, the user undertaking declares that it will indemnify and hold harmless Nirotech GmbH in respect of such expenses.
10. Place of assignment
The place of assignment is the place of work stated in the order confirmation. Where a worker is deployed at a place of work other than the one agreed, Nirotech GmbH must be notified at least seven days in advance. Nirotech GmbH must be granted access at any time to the places of work at which the supplied workers are employed.
11. Terms of payment
Nirotech GmbH invoices monthly on the basis of the records of hours kept by the supplied worker. The supplied worker is not entitled to accept payments on behalf of Nirotech GmbH
Invoices are payable from the invoice date as agreed. After the due date, default interest is charged at 10% above the discount rate of the Austrian National Bank in force at the time. The user undertaking is not entitled to make deductions, to set off or to withhold payments. Nirotech GmbH does not accept payment by bill of exchange. Should the user undertaking fail to pay or pay late, Nirotech GmbH is entitled, after setting a grace period of five days, to withdraw from the contract with immediate effect without having to render any further services to the user undertaking; it may do so without setting a grace period where its own credit insurer refuses cover. Claims for damages against Nirotech GmbH arising from this are excluded.
12. Place of performance and place of jurisdiction
The place of performance for the supply and for payment is the registered office of Nirotech GmbH, including where the supplied worker is employed at another place by agreement.
The place of jurisdiction for disputes arising from this contract is the court having subject-matter jurisdiction for the judicial district of the registered office, A-8081 Heiligenkreuz am Waasen.
13. Special provisions
Should any of the above terms be void, ineffective or unenforceable, this does not affect the validity of the contract or of the remaining terms. The contracting parties undertake to find, by joint negotiation, a provision that corresponds to the meaning and purpose of the supply contract concluded and of the provisions that have become obsolete.
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