Terms and Conditions (T&C)
– Effective as of March 31, 2017 –
of StarkLand Personaldienstleistungen GbR (StarkLand), Bahnhofstraße 28, 14612 Falkensee
1. Government Approval
StarkLand holds a permanent license for the commercial provision of temporary workers, most recently issued by the Berlin-Brandenburg Regional Directorate of the Federal Employment Agency.
2. Legal Status of StarkLand Employees
The conclusion of a temporary staffing agreement does not create a contractual relationship between the StarkLand employee and the client. During their assignment, StarkLand employees are subject to the client’s work instructions and work under the client’s supervision and guidance. They are bound by a duty of confidentiality. This applies to all business and trade secrets of which they become aware in the course of their work.
Changes to the duration of the assignment, working hours, and work activities may only be agreed upon between StarkLand and the client.
StarkLand employees are not authorized to perform legally binding acts on behalf of StarkLand or to receive or make statements.
3. Selection of StarkLand Employees
StarkLand provides the customer with carefully selected StarkLand employees who have been verified to possess the necessary professional qualifications. In the event of justified complaints reported by the customer within the first 4 hours after the StarkLand employees begin work, up to 4 hours of work will not be billed.
StarkLand may also replace StarkLand employees with other, equally suitable StarkLand employees during the course of the assignment, provided that this does not infringe upon the customer’s legitimate interests. In the event of such a replacement, the contractually agreed-upon obligations regarding specific details must be observed.
4. Deployment of StarkLand Employees
The customer shall deploy StarkLand employees exclusively at the location and for the activities agreed upon in the temporary employment contract. The customer shall allow StarkLand employees to use and operate only the work equipment or machinery corresponding to the agreed-upon activities, and only after receiving appropriate qualified instruction.
Furthermore, the customer shall not deploy StarkLand employees for the transport of money or cash collection and hereby expressly indemnifies StarkLand against all claims in this regard. The customer shall not pay any sums of money to StarkLand employees, including wages or travel expense advances.
5. General Obligations of StarkLand
StarkLand undertakes to fulfill all employer obligations, which means, in particular, complying with all labor, social security, and income tax regulations, as well as making the corresponding payments accurately and on time.
6. General Obligations of the Client
When employing StarkLand staff, the client shall comply with the occupational safety and health regulations applicable to its operations (in particular regarding working hours and workplace safety).
To this end, the client shall identify and document the hazards associated with the work as well as any resulting necessary occupational safety measures.
The Customer shall familiarize StarkLand employees with the relevant accident prevention regulations for the respective workplace before work begins and shall provide any necessary safety equipment.
The Customer shall grant StarkLand access to the workplace of the StarkLand employees, following prior consultation, to verify compliance with safety measures.
In the event of a workplace accident involving StarkLand employees, StarkLand must be notified immediately.
The customer must comply with the obligations toward StarkLand employees arising from the General Equal Treatment Act. Should a violation of the General
Equal Treatment Act occur, StarkLand must be notified immediately.
The Customer shall be responsible for obtaining any necessary official approvals for overtime, shift work, night work, work on public holidays, and work on Sundays. In addition, the Customer shall promptly notify StarkLand of the reasons for scheduling overtime, shift work, night work, work on public holidays, or work on Sundays so that StarkLand can grant the necessary consent.
7. Termination
The temporary staffing agreement may be terminated at any time by either StarkLand or the customer with the notice period agreed upon in the temporary staffing agreement. In addition, the right to terminate without notice exists. StarkLand is particularly entitled to terminate the temporary staffing agreement without notice if
– the customer fails to comply with occupational health and safety regulations;
– the client fails to comply with the obligations arising from the General Equal Treatment Act;
– the client is in default of payment;
– the performance of work has become impossible due to a strike, lockout, force majeure, or other reasons.
8. Confidentiality
The parties agree to treat as confidential all trade and business secrets that come to their knowledge during the course of their cooperation. This obligation of confidentiality shall survive the termination of the contractual relationship.
9. Billing, Due Date, and Default
Remuneration shall be invoiced weekly based on the timesheets of the assigned employees for the preceding period, with at least the contractually agreed working hours to be invoiced. Remuneration becomes due for payment upon receipt of the invoice. The calculation shall be based on the remuneration agreed in the temporary employment contract plus the applicable sales tax.
The Client is obligated to review and sign the timesheets submitted to them weekly or upon completion of the assignment by StarkLand employees. If the Client fails to do so, the timesheets shall be deemed accurate in content and approved unless the Client immediately objects to the invoice in writing, stating the reasons. If the client requests services involving overtime, night work, shift work, or work on Sundays and public holidays, this entails the payment of surcharges and requires prior special agreement with StarkLand.
Overtime refers to working hours exceeding the agreed weekly working hours.
Surcharges specified by StarkLand:
25% overtime surcharge starting from the 41st hour
25% night shift surcharge from 10:00 PM to 6:00 AM
50% Sunday surcharge
100% holiday surcharge
In the event of late payment, all outstanding amounts become due immediately. In the event of late payment, default interest shall be due in accordance with Section 288 of the German Civil Code (BGB). We reserve the right to claim further damages resulting from the delay.
The customer is only entitled to set off against counterclaims or to withhold or reduce the claims if their claims have been acknowledged in writing or have been legally established.
10. Placement
10.1. If the client and the employee enter into an employment contract with each other during the assignment or within six months after its termination, but no later than twelve months after the start of the assignment, the staffing agency is entitled to payment of a placement fee. The amount of the placement commission is twice the gross monthly salary agreed upon between the client and the employee plus VAT for a prior assignment period of up to six months, and equal to the gross monthly salary plus VAT for a period of seven to twelve months. Multiple assignment periods are added together.
10.2. The entitlement to payment of the placement commission also arises if, within the time limits specified in Section 7, (1) the employee is hired by a company affiliated with the client’s group (Sections 15 et seq. of the German Stock Corporation Act (AktG)) or
(2) the employee is hired by a company not affiliated with the client’s group but is subsequently deployed by that company to the client as a temporary worker.
10.3. The foregoing provisions also apply in the event that the employee is placed in an apprenticeship with the client. In this case, the basis for calculating the placement commission is the gross apprenticeship remuneration agreed upon between the client and the temporary worker.
10.4. The placement fee is due upon the conclusion of the employment contract between the employee and the client (10.1) or the affiliated company (10.2, alternative (1)), or upon the employee’s commencement of work at the client’s premises (10.2, alternative (2)).
10.5. The client is obligated to notify the staffing agency whether and when an employment contract has been concluded. If, in the event of a dispute, the staffing agency presents evidence of the existence of an employment relationship between the client and the temporary worker, the client bears the burden of proof that no employment relationship was entered into.
10.6. The client is obligated to provide information regarding the agreed-upon monthly wage. If the client fails to provide this information within a reasonable period, the staffing agency is entitled to calculate the commission based on a monthly working time of 160 hours and the previously agreed-upon staffing fee minus 30%. The right to enforce the claim for information and to calculate the commission pursuant to Section 8.1 remains unaffected.
10.7. The commission claim shall lapse if the employee’s prior assignment as a temporary worker at the client’s premises was not the cause of the subsequent hiring.
11. Force Majeure
If extraordinary circumstances arise that were unforeseeable at the time the contract was concluded—such as civil unrest, disasters, epidemics, government orders, wildcat strikes, or similar events—which hinder or jeopardize the proper performance of the contract, StarkLand reserves the right to cancel or modify the agreement.
In such cases, the risk shall be borne by the client.
In this case, the customer’s claims for damages are excluded.
12. Liability
StarkLand is liable with respect to the employees provided only for their proper selection in terms of general suitability for the contractually agreed-upon work. Liability for errors in selection is limited to damages resulting from intentional or grossly negligent breach of the selection obligation. No further liability exists. This does not apply to damages resulting from injury to life, limb, or health.
StarkLand is not liable for any specific success of the work performed by the assigned StarkLand employees, nor for damages they cause to work equipment, to the work assigned to them, or during the performance of their duties. The customer shall indemnify StarkLand against any claims by third parties arising from the employment of StarkLand employees.
StarkLand shall not be liable to the extent that StarkLand employees are entrusted with financial matters such as cash management, safekeeping, and administration of money, securities, or other valuables.
The customer shall indemnify StarkLand against all claims arising from a breach of contractually agreed obligations (e.g., inspection and notification obligations).
13. Place of Jurisdiction and Place of Performance
The place of performance and place of jurisdiction is StarkLand’s headquarters in Falkensee.
14. Adjustment Clause
StarkLand reserves the right to adjust the agreed contractual terms to reflect changes in statutory or collective bargaining provisions. StarkLand reserves the right to increase hourly rates if, after the conclusion of the contract, wage increases occur due to collective bargaining agreements or statutory requirements (minimum wage), if StarkLand employees are replaced at the customer’s request with others who have higher
qualifications, or if circumstances beyond StarkLand’s control cause an increase in costs.
15. Final Provisions
Any conflicting or deviating terms and conditions of the customer are excluded.
The invalidity of any part of these terms and conditions shall not affect the validity of the remaining provisions. Both contracting parties are obligated to agree on a provision in place of the invalid one that, from an economic and legal perspective, comes as close as possible to the original intent.