AGB (General Terms and Conditions Opus Revisions und Montage GmbH)
Conflicting general terms and conditions are hereby expressly contradicted. They shall only apply insofar as Opus GmbH agrees to them in writing.
- Authorisation by the authorities
Opus Revisions und Montage GmbH has temporary permission to hire out employees, most recently issued by the Kiel Regional Directorate of the Federal Employment Agency.
- Legal status of Opus employees
The conclusion of an employee leasing contract does not establish a contractual relationship between Opus employees and the client. During the assignment Opus employees are subject to the work instructions of the client and work under his supervision and guidance. They are obliged to maintain confidentiality. This applies to all confidential business matters or matters requiring secrecy of which they learn in the course of their work.
- Selection of Opus staff
Opus Revisions und Montage GmbH shall provide the customer with carefully selected Opus employees who have been checked for the required professional qualifications. In the event of justified complaints reported by the customer within the first 4 hours after commencement of work by an Opus employee, up to 4 working hours shall not be charged. Opus Revisions und Montage GmbH may replace Opus employees with other, equally suitable Opus employees during the ongoing assignment, provided that the legitimate interests of the customer are not violated.
- Opus staff deployment and strike
The customer shall deploy Opus employees exclusively at the location and for the activities agreed in the employee leasing contract. He shall only allow Opus employees to use or operate the corresponding work equipment or machines. Changes to the duration of deployment, working hours, place of deployment and work activity can only be agreed between Opus Revisions und Montage GmbH and the customer.
Furthermore, the customer shall not use Opus employees for the carriage of money or for the collection of money and shall expressly indemnify Opus Revisions und Montage GmbH against all claims in this respect. The customer shall not pay Opus employees any sums of money, including wages or advances for travel expenses.
The customer shall inform Opus Revisions und Montage GmbH immediately of any planned industrial action directly affecting its business. Should the customer be affected by a lawful industrial dispute, the employees on duty shall be withdrawn, unless the assignment is to take place as part of an emergency service agreed for the customer's business and the employee consents to the assignment.
- Secrecy and data protection
The contracting parties undertake to treat as confidential and to keep secret from third parties any business and trade secrets of which they become aware during the cooperation, in particular the contents and conditions of the contract, as well as business matters marked as confidential. Third parties in this sense do not include companies of the respective group of companies. The parties mutually undertake to comply with the statutory provisions on data protection and shall ensure compliance therewith. The above obligations shall continue to apply after termination of the cooperation. The customer assures to process the data of the Opus employees only within the framework of the data protection regulations and exclusively for the purpose of the assignment processing as well as to take the technical and organisational measures for the protection of the data of the Opus employees which fulfil the obligations of Art. 25 DSGVO.
It also undertakes to store the data only for the period permitted under the statutory provisions and to delete it unless archiving is required under the statutory provisions.
- Employee compensation and benefits
The industry collective agreements concluded between the Interessenverband Deutscher Zeitarbeitsunternehmen e.V. (iGZ) and the DGB-Tarifgemeinschaft Zeitarbeit as well as the collective agreements on industry surcharges for temporary workers and various company agreements applicable to a specific industry, if any, shall apply to Opus employees.
- Occupational safety and health
Pursuant to Section 11 (6) AÜG, the activities of Opus employees shall be subject to the public-law provisions of occupational health and safety law applicable to the customer's company. The resulting obligations for the employer, in particular to comply with §§ 5, 6 ArbSchG, shall be incumbent on the customer without prejudice to the obligations of Opus Revisions und Montage GmbH. The customer shall grant Opus Revisions und Montage GmbH or its representatives (including specialists for occupational safety and company physicians) access to the place of activity of the Opus employees and shall submit to them for inspection upon request the documentation existing with regard to their occupational safety system. An occupational accident shall be reported immediately to the supervising Opus Revisions und Montage GmbH branch and shall be jointly investigated. The customer shall inform Opus Revisions und Montage GmbH of the necessary offer and compulsory precautionary measures in accordance with ArbMedVV before commencement of work.
- Tariffs and special right of termination
In order to implement a collectively agreed industry supplement for temporary workers applicable to a specific industry, the customer shall inform Opus Revisions und Montage GmbH of the industry to which the company of assignment belongs and whether or which collective agreements or company agreements favouring temporary workers are applicable in the company of assignment. The customer shall provide Opus Revisions und Montage GmbH with evidence of the regular hourly wage paid to a comparable employee in the customer's company. The customer shall be responsible for the accuracy of the information provided.
The customer shall inform Opus Revisions und Montage GmbH of any changes in the industry sector, the applicable collective agreements or the company agreements favouring temporary workers. If the payment of an industry surcharge for temporary workers is not provided for a certain industry or subsequently ceases to apply, the net customer rate shall be increased by 1.5 % after the expiry of 9 months of continuous assignment of the individual Opus employee or by a total of 3 % after the expiry of 12 months of continuous assignment of the individual Opus employee. The decisive factor for the calculation of the individual period is the start of the assignment in the customer's company and not the point in time at which the above-mentioned industry surcharge ceases to apply. If the assignment is interrupted for a period of up to 3 months, the surcharge shall be due after the interruption, taking into account the previous assignment periods. Notwithstanding this surcharge regulation
Opus Revisions und Montage GmbH shall be entitled to increase the customer rates at its reasonable discretion. This shall apply if the remuneration to be paid by Opus Revisions und Montage GmbH to Opus employees increases due to statutory (e.g. statutory equal pay after 9 months of temporary employment) or collectively agreed provisions or other obligations. Opus Revisions und Montage GmbH shall notify the customer of any necessary tariff increases. The increase shall become effective 2 weeks after receipt of the notification by the customer. The customer is entitled to terminate the contract within 2 weeks after receipt of the notification on the date of the rate increase.
Opus Revisions und Montage GmbH is entitled to a special right of termination with a notice period of 2 weeks to the end of the month if the adjusted tariffs are not paid.
- Time recording
The hours worked by Opus employees are recorded by timesheet.
For this purpose, each Opus employee shall submit a weekly timesheet showing the hours worked by him/her. The client shall have the hours worked and the entitlement to performance bonuses on the timesheet confirmed weekly by an authorised representative by signature and company stamp.
If time sheets cannot be presented to an authorised representative of the customer for signature, Opus Revisions und Montage GmbH shall be entitled to invoice the customer for the hours recorded by the Opus employee.
- Hourly rate and billing
If travel expenses are payable to the employee, Opus Revisions und Montage GmbH shall be entitled to invoice these to the customer. Business trips shall be invoiced to the customer in accordance with the actual expenses. The invoice amount is due for payment within 14 days of the invoice date. Invoicing shall take place weekly on the basis of the documented working hours. In the event of late payment, the client shall be in default even without a reminder. Receipt of payment by Opus Revisions und Montage GmbH shall be decisive.
Complaints about invoices are excluded unless they are asserted in writing within three calendar months of receipt of the invoice.
11.1 Opus Revisions und Montage GmbH shall be liable with regard to all leased employees only for proper selection with regard to the contractually agreed activity. The liability for selection fault shall be limited to damage caused by intentional or grossly negligent breach of the selection obligation. The amount of liability for all resulting damages is further limited to a maximum amount of 5,000,000 euros in total per calendar year.
11.2 With regard to other contractual or statutory obligations, Opus Revisions und Montage GmbH shall be liable for intent and gross negligence. In the event of damage caused by slight negligence, Opus Revisions und Montage GmbH shall only be liable in the event of a breach of an essential obligation with regard to damage foreseeable at the time of conclusion of the contract and damage typical for the contract. The amount of liability pursuant to clause 11.2 for all resulting damages shall furthermore be limited to a maximum amount of € 1,000,000 in total per calendar year.
11.3 Opus Revisions und Montage GmbH shall not be liable for any further claims. Liability for indirect damage and consequential damage is excluded. The aforementioned limitations of liability do not apply to bodily injury/death. 11.4 Insofar as liability is excluded or limited under this framework agreement, this shall also apply to the personal liability of the members of the governing bodies and employees of Opus.
11.5 The liability of Opus Revisions und Montage GmbH is excluded unless a written notification of the claim for damages is made within three calendar months after the occurrence of the damage and - in case of rejection by Opus Revisions und Montage GmbH - a judicial assertion is made within one calendar month (preclusion period).
11.6 Complaints about invoices are excluded unless they are asserted in writing within three calendar months of receipt of the invoice.
- Previous employment of the employee
In order to comply with the AÜG, the customer shall immediately inform Opus Revisions und Montage GmbH if an Opus employee was directly employed or employed as a temporary worker by the customer or an affiliated group company within the meaning of § 18 AktG in the last 6 months prior to the assignment. In this case, the customer undertakes to pay the resulting additional costs with regard to the Opus employee concerned.
In the event of the establishment of an employment relationship between the customer and an Opus employee leased to him/her from the leasing, a placement fee shall be due. This shall also apply if the employment relationship is established within a period of 6 months after termination of the assignment, unless the establishment of the employment relationship is not based on the assignment of the Opus employee.
The placement fee shall be calculated on the basis of the gross monthly salary received by the Opus employee hired by the client and shall amount to 2 gross monthly salaries from the first day of the assignment until the end of the third month of the assignment, 1.5 gross monthly salaries from the fourth to the end of the sixth month, 1 gross monthly salary from the seventh to the end of the ninth month and 0.5 gross monthly salary from the tenth to the end of the twelfth month. After the end of the 12th month of the assignment, the transfer is free of charge.
If a candidate presented to the client is hired without prior assignment within a period of 6 months, a placement fee of 28 % of the client's future gross annual salary will be due. 28 % of the client's future gross annual salary is due. Deviating agreements, in particular regarding the amount of the placement fee, are possible and shall take precedence. The customer is obliged to provide Opus Revisions und Montage GmbH with information on the gross monthly salary or gross annual salary agreed with the Opus employee or the presented applicant with the establishment of the employment relationship.
- Jurisdiction and place of performance
The place of performance shall be the registered office of the competent branch of Opus Revisions und Montage GmbH. Stralsund is agreed as the place of jurisdiction.
The Customer declares that neither it nor any of its officers, employees and affiliates or any party owned or controlled by it is or has been subject to any trade or economic sanctions (Sanctions) or any claim, proceeding or investigation relating to Sanctions. The Customer further declares that it is neither owned nor controlled by a party that is subject to Sanctions. The Client shall take reasonable steps to ensure that it, its employees and affiliates comply with any sanctions imposed and shall not engage in any activity that causes Opus Revisions und Montage GmbH, its affiliates and employees to be in breach of any sanctions. The client warrants that it will not offer to the Opus Group companies and employees any funds derived from transactions or dealings with parties or participants that are subject to sanctions or from actions that are in contravention of sanctions.
If a contracting party is unable to fulfil its obligations under this contract for reasons of force majeure such as fire, strike, lockout, war, government intervention, natural disasters, sabotage, etc., it shall be released from the corresponding obligations to that extent, but only for the period during which the state of force majeure persists. This shall also apply in the event of a pandemic (e.g. Covid-19) which has a significant economic or legal impact on the feasibility of this contract (e.g. curfews ordered by the authorities, orders to close plants, quarantine, incapacity to work of a not inconsiderable number of temporary employees, etc.). The occurrence of such an event shall be notified to the other contracting party without delay. In such cases, the contracting parties shall immediately contact each other and discuss the expected duration or scope of the disruptive effects and the measures to be taken. The contracting parties undertake to use all technically possible and economically reasonable means to ensure that the performance of this contract is restored. Claims for damages by the parties are excluded in these cases. Should the state of force majeure last for more than 6 months, each contracting party shall have the right to terminate this contract.
A set-off or assertion of a right of retention is only possible insofar as it concerns undisputed or judicially recognised claims. All amounts to be paid by the customer to Opus Revisions und Montage GmbH are exclusive of the statutory value added tax.
The invalidity of any part of these terms and conditions shall not affect the validity of the remaining provisions. Both contracting parties are obliged to agree on a provision in place of the invalid provision that comes as close as possible to what was originally intended from an economic and legal point of view.
German law shall apply to the exclusion of German private international law.