General Terms and Conditions
Employee Leasing as a Service Provided by ALPINA Personalconsulting GmbH
- The employee leasing arrangement is based on Austrian law (AÜG), BGBL 196/1988, which covers the hiring of employees along with the collective agreement for the temporary staffing sector, which has been in place since 1 May 2002, as well as the Austrian law and the contractual stipulations contained within, which are considered to be acknowledged and agreed upon together with the issuing of a contract – without exception, differing conditions only become legally valid if a written agreement is in place between the management of ALPINA Personalconsulting GmbH as the leasing company, referred to as ALPINA below, and the employer. Any other amendment to the below terms and conditions, whether made verbally or implied, are considered to be invalid.
- The client should be aware that, according to § 6 paragraph 1 AÜG, the client is considered to be the employer in terms of occupational safety law. The client is obliged to comply with the applicable legal conditions for leased personnel, such as the law covering working times and the rules covering the protection of employees and the environment in which they work. In particular, the client has to comply with the employee workplace protection laws including any necessary training, informational and hazard prevention measures (e.g. protective clothing), and also to inform ALPINA about compliance. Moreover, the client is obligated to make available written verification covering the required enrollment and instruction of leased employees in the event of a regulatory/legal process, and to disclose any information as necessary.
- The client as the employer assumes sole responsibility for any unlawful employment of personnel leased to the client by ALPINA, whether this occurs within on premises of the company itself or on a construction site. The client agrees to expressly exclude ALPINA in terms of liability should any penalties be imposed in relation to unlawful occupation of leased employees with the employer.
- ALPINA bears no liability for any damages, primary or secondary, that might be caused by the personnel provided by ALPINA as the leased employee is considered to be under the direct supervision of the employer. As ALPINA is under obligate to regularly reimburse the leased personnel, the client is obliged to inform ALPINA if the leased staff will be needed for additional employment prior to the end of the leasing contract. If the client violates this obligation to provide information and does not provide proper notice prior to the end of the period stipulated in the agreement, the client expressly agrees to cover reimbursement specified in the agreement at a rate no less than the agreed hourly rate.
- The normal working times for personnel made available by ALPINA is 39.5 hours per week for salaried employees and 38.5 hours per week for hourly employees. In operations with differing working times based on a collective contract, or those having differing working times in general, the working times that are valid for permanent staff in this area are also valid for the personnel leased by ALPINA.
- Under no circumstances are the personnel leased by ALPINA permitted to collect direct payment.
- If personnel are employed beyond the agreed end date, the conditions of the issued contract continue to apply. If the operating period was not specified in writing in advance, the client is obliged to inform ALPINA in writing at least one week prior to the desired end date for leased hourly employees and at least four weeks prior to the desired end date for leased salaried employees. If the client does not abide by this obligation, he must pay the agreed remuneration for the duration of one week (leased hourly personnel) or four weeks (leased salaried employees) following the termination of employment (based on normal working time per week times and the agreed normal hourly rate).
- The employer is it prohibited from recruiting or headhunting employees of the ALPINA company. If this condition is violated, the client is obliged to compensate ALPINA in the amount of 170 quoted hours, to be considered reimbursement costs, following the acquisition of the employee.
- Services provide are subject to an additional 20% value added tax and are invoiced as such. If the employer is free of this tax liability according to § 19 paragraph 1a UStG 1994 (building services/construction works), the client is obligated to inform ALPINA about the deference of tax liability and provide the UID number to ALPINA so that the settlement of the value added tax can take place. Following the due date, default interest in the amount of 10% over the respective valid base rate is applied. The employer is not permitted to make deductions from the amount due in relation to discounts or compensation.
- Should the client default on payment, violate employee protection regulations, or seriously violate legal or contractual requirements, ALPINA is authorized to terminate the leasing contract with immediate effect, without observing a termination period, and to remove the leased employee from employment with the client.
- For the calculation of overtime, written arrangements are valid according to regulations.
- If individual conditions of the agreement or their constituent parts are found to be invalid – in particular those found in the general terms and conditions – this does not affect the validity of the remaining conditions. An invalid condition may be replaced by a valid condition to the extent that it is equivalent in sense and purpose. Austrian law governs the entirety of the legal relationship between the client and ALPINA.
- Any agreements which differ from these terms and conditions must be made in writing.
Wolfsberg (Austria, post code 9400) is valid as the location of legal jurisdiction.