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Note: The terms used in this contract, such as \u2018temporary worker\u2019, \u2018employee\u2019, \u2018client\u2019 etc., refer to both women and men and are intended to encompass all genders and gender identities of employees, clients and other interested parties. The masculine form is used solely and expressly for the sake of readability. <\/p>\n
1.1 These General Terms and Conditions (hereinafter: \u201cGTC\u201d) apply to the relationship between the Client within the meaning of Section 310 of the German Civil Code (BGB) (hereinafter referred to as the Client or \u201cClient\u201d for short) and RS for business as the Contractor. In the case of an ongoing business relationship with an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), these GTC shall also apply to all subsequent transactions between RS for business and the Client following their initial inclusion, even if RS for business does not expressly refer to these GTC again in the subsequent transactions. <\/p>\n
1.2 These GTC shall replace any previous General Terms and Conditions unless an objection is raised within six weeks of receipt of the new version. Upon expiry of this objection period, the new GTC shall become part of the contractual agreement. RS for business shall be entitled to publish these GTC on its website at www.rsforbusiness.de and shall also refer to them in contracts concluded between the Client and RS for business.
Failure to object within the objection period shall be deemed acceptance of the new version of the GTC. Any deviating, conflicting or supplementary terms and conditions of the Client shall apply only if expressly accepted by RS for business in writing, even where RS for business is aware of such terms. <\/p>\n
1.3 Prior to the commencement of work, the Client shall obtain all official permits, approvals and other consents required at the place of assignment, including, but not limited to, approvals required under the German Working Time Act (Arbeitszeitgesetz).<\/p>\n
1.4 The Client warrants compliance with the restrictions regarding assignments within the main construction industry pursuant to Section 1b of the German Temporary Employment Act (A\u00dcG). Reference is additionally made to the provisions of the German Construction Industry Ordinance (Baubetriebe-Verordnung). <\/p>\n
1.5 With reference to Section 1 (1) sentence 3 A\u00dcG, RS for business warrants that only employees who are directly employed by RS for business shall be assigned to the Client. The assignment of temporary agency workers by the Client to third parties is prohibited (prohibition of chain leasing \/ chain assignment). <\/p>\n
2.1 The Client shall immediately verify for each specifically named temporary agency worker whether that worker has been employed by the Client or by an affiliated group company within the meaning of Section 8 (3) A\u00dcG during the six months preceding the commencement of the assignment (the so-called revolving door clause). If the requirements of Section 8 (3) A\u00dcG are met, the Client shall immediately inform RS for business. In such cases, the Client shall provide all relevant information in writing concerning the essential working conditions, including the remuneration of comparable permanent employees. Section 12 (1) sentence 4 A\u00dcG in conjunction with Section 8 A\u00dcG shall apply. Based on this written documentation, the applicable hourly charge rate shall be adjusted accordingly. <\/p>\n
2.2 The Client shall immediately verify for each specifically named temporary agency worker whether that worker has previously been assigned to the Client by another staffing provider within the period specified in Section 8 (4) sentence 4 A\u00dcG (three months and one day). If this is the case, the Client shall immediately notify RS for business.
Where the total assignment period results in an obligation to apply equal treatment pursuant to Section 8 (4) A\u00dcG, the Client shall immediately inform RS for business. In such cases, the Client shall provide all relevant information in writing concerning the essential working conditions, including the remuneration of comparable permanent employees. Section 12 (1) sentence 4 A\u00dcG in conjunction with Section 8 A\u00dcG shall apply.
Based on this written documentation, the applicable hourly charge rate shall be adjusted accordingly. <\/p>\n
2.3 Irrespective of any previous assignment periods, the Client shall disclose to RS for business all information relevant to equal treatment obligations pursuant to Section 8 (4) A\u00dcG. Accordingly, upon first request and no later than the completion of the ninth month of assignment, the Client shall disclose all information relevant to equal treatment in writing. Any references to applicable collective bargaining agreements, company collective agreements or works agreements shall be disclosed to RS for business together with the relevant contractual provisions. <\/p>\n
2.4 In order to ensure compliance with the maximum assignment period pursuant to Section 1 (1b) A\u00dcG, the Client shall immediately verify for each specifically named temporary agency worker whether that worker has previously been assigned to the Client by another staffing provider within the period specified in Section 1 (1b) sentence 2 A\u00dcG (three months and one day). If this is the case, the Client shall immediately inform RS for business.
Furthermore, the Client shall immediately provide RS for business in text form with complete information regarding any regulations applicable within its company that permit a maximum assignment period exceeding eighteen months and that may be relevant to any operational unit in which a temporary agency worker may be deployed under the assignment agreement. Both parties shall monitor compliance with the applicable maximum assignment period. If either party has justified doubts as to whether the maximum assignment period is being complied with, that party shall be entitled to terminate the assignment of the relevant temporary agency worker with immediate effect.
Should the maximum assignment period be exceeded, the parties mutually waive any claims for damages arising from such exceedance. <\/p>\n
The duration of each temporary employment assignment shall be specified for each individual temporary agency worker in the respective Temporary Employment Agreement and\/or the corresponding assignment specification.
The agreed assignment period shall include: the commencement date of the assignment, the end date of the assignment, and the agreed weekly working hours. The agreed assignment period shall be binding upon both the Client and RS for business. Where the assignment period is shorter than one week, the specified weekly working hours shall apply on a pro rata basis. The specified weekly working hours shall always be calculated on the basis of a five-day working week. <\/p>\n
4.1 Time recording shall primarily be carried out using the Zvoove Work App. In exceptional cases, time recording may be documented using the Time Sheet \/ Activity Report form. Working hours performed shall be recorded within the Zvoove Work App. The recorded working hours shall be submitted or presented to an authorised representative of the Client for legally binding review and approval\/signature on a daily basis, but at least once at the end of each working week and no later than the last day of the respective month. Furthermore, temporary agency workers may use any time recording systems available at the Client’s premises (working time records\/electronic time recording systems), provided that the Client has notified RS for business accordingly in advance. <\/p>\n
4.2 The Client shall be obliged to confirm the attendance hours of the temporary agency workers by signature, including waiting times and standby periods, during which the employees of RS for business were available to the Client. Break periods shall be recorded separately. If time sheets cannot be presented for signature to an authorised representative of the Client at the place of assignment, employees of the Client shall be authorised to confirm the recorded hours instead. The Client’s attention is expressly drawn to Section 17c (1) A\u00dcG. <\/p>\n
4.3 Invoices shall be issued on a weekly basis based on the confirmed attendance hours, excluding break periods.
The agreed hourly charge rate shall form the basis for invoicing. All prices shall be understood as being exclusive of applicable surcharges and statutory Value Added Tax (VAT). Where agreed and specified in the respective contract, the agreed daily allowance and travel allowance shall additionally be charged for each working day. <\/p>\n
4.4 The following surcharge rates shall apply:<\/p>\n
– Overtime from the 41st weekly working hour: 25.0%
– Night work (10:00 p.m. to 6:00 a.m.): 25.0%
– Sunday work (12:00 a.m. to 12:00 midnight): 50.0%
– Public holiday work (12:00 a.m. to 12:00 midnight): 100.0%
– Christmas Eve and New Year’s Eve (2:00 p.m. to 12:00 midnight): 100.0%<\/p>\n
Where a temporary agency worker participates in an on-call or standby service, the Client shall, with effect from 1 January 2026, disclose to the Contractor the remuneration rules applicable to standby duties of its permanent workforce. The Contractor is required to apply these remuneration rules to temporary agency workers assigned to the Client to the same extent and at the same level. The Contractor shall subsequently invoice the Client on the basis of the agreed hourly charge rates. Should the Client fail to fulfil its disclosure obligations, the Contractor shall be entitled to invoice the entire standby period and\/or night standby period at the agreed hourly charge rate.
Where the temporary agency worker is required to perform work during standby duty or night standby duty, the actual working hours shall be deemed compensated by the standby remuneration. Any applicable surcharges (e.g. night work surcharges) shall be charged additionally. <\/p>\n
4.5 Where the hourly charge rates increase, in particular as a result of sector-specific collective agreement surcharges, the increased hourly charge rates shall form the basis for calculating the above surcharges.
The same shall apply in the event of a reduction of hourly charge rates. Where the principle of equal treatment pursuant to Section 8 A\u00dcG applies to one or more assigned temporary agency workers, the surcharges actually payable to the temporary agency worker shall be applied accordingly to the hourly charge rate payable by the Client. <\/p>\n
4.6 Invoices issued by RS for business shall become due and payable in full immediately upon receipt by the Client and shall be payable without deduction. The Client shall be deemed in default of payment if the invoiced amount has not been credited to the business account of RS for business within fourteen (14) working days following receipt of the invoice. In the event of payment default, the statutory provisions of Sections 286 to 288 of the German Civil Code (BGB) shall apply. No prior reminder notice shall be required. <\/p>\n
4.7 If the Client is in default of payment, RS for business shall be entitled to withhold contractual services arising from the business relationship until payment has been received.<\/p>\n
4.8 Any objections to invoices issued by RS for business must be submitted to RS for business in text form within one week of receipt of the respective invoice and must state verifiable reasons for the objection. Upon expiry of this period, the Client expressly waives any objections regarding the correctness of the invoiced working hours. <\/p>\n
The Client shall be entitled to issue to the temporary agency worker all instructions that fall within the scope and nature of the agreed area of activity. No contractual relationship shall exist between the Client and the temporary agency worker. Accordingly, any agreement between the Client and the temporary agency worker regarding the amendment of contractual terms and conditions shall be excluded as a matter of law and shall have no legal effect.
Any changes to contractual arrangements, working conditions or assignment conditions must be agreed exclusively between the Client and RS for business. <\/p>\n
6.1 Prior to commencing work at the place of assignment, the temporary agency workers shall be instructed by the Client regarding the specific risks associated with the assigned activities and shall be informed of all measures for accident prevention and hazard protection. In the event of an occupational accident involving a temporary agency worker, the Client shall be obliged to notify RS for business immediately. <\/p>\n
6.2 Within the scope of its statutory duty of care, the Client shall take appropriate preventative measures to protect the temporary agency worker from discrimination in connection with the assignment on the grounds of race, ethnic origin, gender, religion or belief, disability, age or sexual identity.<\/p>\n
6.3 RS for business shall be granted access at all times to the work areas of its temporary agency workers.<\/p>\n
6.4 Where an assigned temporary agency worker is to be employed in a position of trust or given access to cash, valuables or assets, a separate written agreement must be concluded in advance. Without such express written agreement, the temporary agency worker shall not be authorised to transport, handle, collect or administer money or other means of payment. Any payments made by the Client directly to the assigned temporary agency worker shall be made at the Client’s own risk and may not be asserted against RS for business. <\/p>\n
6.5 The Client shall be obliged to inform RS for business immediately, including by telephone where necessary, of any industrial action taking place or anticipated at the place of assignment. Pursuant to applicable collective bargaining agreements, RS for business is prohibited from assigning temporary agency workers to a lawfully struck workplace. The Client shall ensure that no temporary agency workers are deployed to the extent that such prohibition applies. This shall also apply to temporary agency workers who were already assigned to the workplace before the commencement of the strike. In the event of industrial action at the place of assignment, the parties agree that the obligation to provide temporary agency workers and the Client\u2019s obligation to pay remuneration in respect of the affected temporary agency workers shall be suspended for the duration of the industrial action. <\/p>\n
6.6 The Client shall be obliged to inform RS for business without undue delay if it provides any benefits to temporary agency workers that are relevant for payroll tax or social security purposes, in particular benefits in kind. In such cases, the Client shall additionally be required to provide complete information regarding the nature and value of such benefits for each individual temporary agency worker no later than the third working day of the month following the provision of the benefit, so that RS for business may properly take such benefits into account for payroll processing purposes. <\/p>\n
6.7 The Client shall be obliged to communicate the planned working schedules to RS for business at the time the assignment is placed. Furthermore, the Client shall notify RS for business in writing of any change to the work schedule affecting the relevant temporary agency worker without undue delay and no later than twenty-four (24) hours prior to the planned change. Any amendment to the work schedule or any extension or reduction of the contractually agreed assignment period agreed directly between the Client and the temporary agency worker shall be invalid and unenforceable. In particular, any extension or reduction of assignment periods may only be agreed between the Client and RS for business. <\/p>\n
7.1 The temporary agency workers provided to the Client shall be selected by RS for business at its sole discretion in accordance with the required profile and the activities described by the Client.<\/p>\n
7.2 Upon request, RS for business shall provide evidence of the qualifications of the specifically named temporary agency worker (e.g. degree certificates, vocational training certificates or similar qualifications). RS for business shall ensure through individual contractual arrangements with the temporary agency worker that no data protection regulations prevent the disclosure of such information. <\/p>\n
7.3 Should it exceptionally become apparent that an assigned temporary agency worker is unsuitable for the intended work, the Client may request that the unsuitable worker be replaced by a suitable worker, subject to compliance with the statutory requirement for specification of the individual assignment. The Client shall provide reasons for the alleged unsuitability of the temporary agency worker. <\/p>\n
7.4 The obligation of RS for business to provide services shall be limited to the temporary agency worker specifically named in the assignment agreement or assignment specification. If such worker is prevented from performing his duties for reasons for which RS for business is not responsible (e.g. illness or accident), the Client shall release RS for business from its obligation to perform for the duration of such impediment. <\/p>\n
7.5 The Client may remove the temporary agency worker from the assigned workplace during the assignment and request an appropriate replacement if circumstances exist which would entitle an employer to terminate employment without notice pursuant to Section 626 (1) of the German Civil Code (BGB). <\/p>\n
8.1 Unforeseeable, unavoidable events beyond the control of RS for business and for which RS for business is not responsible, including force majeure, traffic disruptions and industrial disputes (strikes or lockouts), shall release RS for business from its obligation to perform time-bound services for the duration of such event.<\/p>\n
8.2 If such event continues for more than six weeks or if performance by RS for business becomes impossible as a result of such event, both the Client and RS for business shall be entitled to terminate the agreement with immediate effect and without notice. In such cases, neither party shall be entitled to claim damages from the other party. <\/p>\n
9.1 The Client undertakes not to disclose, either generally or to any third party, any data, information, knowledge or experience (hereinafter referred to as \u201cInformation\u201d) provided by RS for business, whether intentionally or unintentionally, in writing, verbally or in any other form. This obligation shall not apply to information which is demonstrably in the public domain or subsequently enters the public domain without breach of this obligation, or which was demonstrably known to the Client prior to receipt of such information or becomes known thereafter without violating this agreement. <\/p>\n
9.2 All rights, including intellectual property rights and copyrights, relating to the disclosed Information shall remain reserved. Disclosure of Information shall not entitle the Client to use such Information for any purpose other than the agreed contractual purpose. <\/p>\n
9.3 The confidentiality obligation shall also apply to data subject to data protection legislation. The parties shall process and use personal data of the other party and its employees solely for the purposes agreed under the contract. In particular, they shall protect such personal data against unauthorised access and shall neither record, store, reproduce, use nor exploit such data in any form, nor disclose it to third parties without the consent of the authorised party. <\/p>\n
9.4 RS for business and the Client shall comply with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz \u2013 BDSG), as amended from time to time.<\/p>\n
10.1 RS for business shall be liable for the proper selection of a temporary agency worker who is suitable and qualified for the specific assignment.<\/p>\n
10.2 RS for business shall not be liable for work performed by the assigned temporary agency worker, as such workers perform their activities exclusively under the instructions and supervision of the Client. In particular, RS for business shall not be liable for inadequate performance or damage caused by the assigned temporary agency worker. An assigned temporary agency worker shall not be deemed a vicarious agent, auxiliary person or authorised representative of RS for business. <\/p>\n
10.3 Assigned temporary agency workers shall not be authorised to collect payments on behalf of the Client. Accordingly, RS for business shall not be liable for any loss or damage resulting from a temporary agency worker being entrusted with financial matters, including cash handling, safekeeping or administration of money, securities or similar assets. This shall not apply where such activities are expressly included within the scope of the assignment agreement relating to the temporary agency worker concerned. <\/p>\n
10.4 In the event of culpable injury to life, body or health, RS for business shall be liable in accordance with the applicable statutory provisions.<\/p>\n
10.5 RS for business shall also be liable in cases of intent or gross negligence, including intent or gross negligence on the part of its legal representatives or vicarious agents, in accordance with the applicable statutory provisions. In cases of intent and gross negligence, liability shall be limited to foreseeable losses and damages typically arising from such circumstances. <\/p>\n
10.6 RS for business shall further be liable in accordance with statutory provisions where it culpably breaches a material contractual obligation. A material contractual obligation shall exist where the breach relates to an obligation that is essential for the proper performance of the contract and upon the fulfilment of which the Client may reasonably rely. In such cases, liability shall likewise be limited to foreseeable losses and damages typically arising from such circumstances. <\/p>\n
10.7 Except as otherwise provided in the foregoing provisions, any liability of RS for business, regardless of the legal basis, shall be excluded. This shall apply in particular to claims for damages arising from culpa in contrahendo, breaches of ancillary contractual obligations, other breaches of duty, tortious acts and any other liability in tort. It shall further apply to claims relating to losses outside the scope of the contractual subject matter, indirect losses and consequential damages, in particular production downtime, loss of data suffered by the Client and claims for loss of profit. <\/p>\n
10.8 To the extent that liability is limited under the foregoing provisions, such limitation shall also apply to the personal liability of the legal representatives, employees and vicarious agents of RS for business.<\/p>\n
10.9 The provisions set out in Sections 10.1 to 10.8 relating to claims for damages shall apply accordingly to claims for reimbursement of expenses.<\/p>\n
10.10 If third parties assert claims arising from the activities of a temporary agency worker assigned under these GTC, the Client shall indemnify and hold harmless RS for business and\/or the temporary agency worker against such claims to the extent that liability is excluded pursuant to Sections 10.1 to 10.9 above.<\/p>\n
10.11
Pursuant to collective bargaining agreements (e.g. sector-specific collective agreements providing for industry surcharges) or pursuant to Section 8 (1)\u2013(4) A\u00dcG, RS for business may, in certain cases, be required to grant a temporary agency worker working conditions and\/or remuneration equivalent, in whole or in part, to those of a comparable employee of the Client. In such cases, RS for business relies upon the information provided by the Client, as referred to in Sections 2.1 and 2.3 as well as Annexes 3 and 4 to the Temporary Employment Agreement, in order to ensure the correct implementation of such equal treatment obligations.
If the Client provides incomplete or incorrect information, or fails to communicate changes completely, accurately or without undue delay, and this results in temporary agency workers of RS for business suffering financial disadvantage, RS for business shall remedy such disadvantage by making the necessary recalculations and back payments to the affected temporary agency workers.
RS for business shall be free to decide whether to invoke exclusion periods against its temporary agency workers and shall not be subject to any duty to mitigate damages in this respect.
The total gross amount payable as a result of such recalculations and back payments (gross remuneration excluding the employer’s share of social security contributions) shall be deemed damage suffered by RS for business and shall be reimbursed by the Client.
In addition, the Client shall compensate RS for business for the loss of profit arising from such uncalculated costs. Such loss of profit shall be agreed between the parties to amount to 120% (calculation surcharge) of the aforementioned gross remuneration amount. The Client shall be entitled to demonstrate that the calculation surcharge applicable under the relevant assignment agreement was lower, in which case the lower surcharge shall apply in determining the loss of profit.
Furthermore, the Client shall indemnify RS for business against claims asserted by social security institutions and tax authorities arising from the circumstances described above, irrespective of any gross wage payments. <\/p>\n
10.12 Section 10.11 shall apply mutatis mutandis where the Client assigns the temporary agency worker to activities giving rise to entitlement to a sector-specific minimum wage pursuant to Section 8 (3) of the German Posted Workers Act (AEntG), despite such activities having been expressly excluded under the Temporary Employment Agreement. <\/p>\n
10.13 Should the information provided by the Client in the Temporary Employment Agreement regarding the relevant statutory regulation or generally binding collective bargaining agreement within the meaning of Section 8 (3) AEntG prove to be incorrect in light of the activities actually assigned to the temporary agency worker, Section 10.11 shall apply accordingly. <\/p>\n
The Client shall not be entitled to set off any claims against claims of RS for business or to exercise any right of retention unless the counterclaim asserted by the Client is undisputed or has been finally determined by a court of law.<\/p>\n
The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be the registered office of RS for business in Munich, Germany.<\/p>\n
13.1 Should any provision of this Agreement be wholly or partially invalid, unenforceable or subsequently lose its legal validity or enforceability, the validity of the remaining provisions of this Agreement shall remain unaffected. The same shall apply if it is determined that this Agreement contains a gap. In place of the invalid or unenforceable provision, or for the purpose of filling any gap, an appropriate provision shall apply which, to the extent legally permissible, comes closest to what the parties intended or would have intended in accordance with the spirit and purpose of this Agreement had they considered the matter at the time of concluding the Agreement. This shall also apply where the invalidity of a provision results from a measure of performance or time (period, deadline or date) specified in this Agreement. In such cases, a legally permissible measure of performance or time that comes as close as possible to the parties’ intended arrangement shall replace the invalid provision. <\/p>\n
13.2 The parties undertake to record in writing any amendment or supplement required pursuant to Section 13.1 above and to incorporate such amendment or supplement into the wording of this Agreement.<\/p>\n
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We would be happy to advise you personally on the right staffing solution for you. Tailored to your specific challenges!<\/p>\n
Simply fill out the contact form and we will get back to you as soon as possible! You can find further contact details via the following link.<\/p>\n
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\u00a9 RS for business GmbH \u00b7 Legal notes<\/a> \u00b7 Privacy policy<\/a> \u00b7 GTC<\/a><\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" Terms and Conditions Note: The terms used in this contract, such as \u2018temporary worker\u2019, \u2018employee\u2019, \u2018client\u2019 etc., refer to both women and men and are intended to encompass all genders and gender identities of employees, clients and other interested parties. The masculine form is used solely and expressly for the sake of readability. 1. General information 1.1 These General Terms and Conditions (hereinafter: \u201cGTC\u201d) apply to the relationship between the Client within the meaning of Section 310 of the German Civil Code (BGB) (hereinafter referred to as the Client or \u201cClient\u201d for short) and RS for business as the Contractor. In the case of an ongoing business relationship with an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), these GTC shall also apply to all subsequent transactions between RS for business and the Client following their initial inclusion, even if RS for business does not expressly refer to these GTC again in the subsequent transactions. 1.2 These GTC shall replace any previous General Terms and Conditions unless an objection is raised within six weeks of receipt of the new version. Upon expiry of this objection period, the new GTC shall become part of the contractual […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"class_list":["post-693","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/rsforbusiness.de\/en\/wp-json\/wp\/v2\/pages\/693","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rsforbusiness.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/rsforbusiness.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/rsforbusiness.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/rsforbusiness.de\/en\/wp-json\/wp\/v2\/comments?post=693"}],"version-history":[{"count":7,"href":"https:\/\/rsforbusiness.de\/en\/wp-json\/wp\/v2\/pages\/693\/revisions"}],"predecessor-version":[{"id":717,"href":"https:\/\/rsforbusiness.de\/en\/wp-json\/wp\/v2\/pages\/693\/revisions\/717"}],"wp:attachment":[{"href":"https:\/\/rsforbusiness.de\/en\/wp-json\/wp\/v2\/media?parent=693"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}