General Terms and Conditions of DS Crewing Services:
Rev. Nr.: 2024-00 / effective: 08-2024
DS Crewing Services GmbH
Kattrepel 2
20095 Hamburg
§ 1 General
(1) These General Terms and Conditions regulate the cooperation of the contracting parties in the recruitment of potential employees with the aim of employment as a nursing specialist in the Federal Republic of Germany in conjunction with the respective agreed personnel placement contracts.
(2) These General Terms and Conditions are an integral part of the recruitment contract with the client.
(3) The place of jurisdiction is Hamburg. German law shall apply.
§ 2 Services
(1) The contractor supports the Client on an order-related basis in the recruitment of (Filipino) nurses for a location of the Client or one of its affiliate companies in the Federal Republic of Germany. In general, the recruited individuals (candidates) are initially employed as nursing assistants in Germany. After full professional recognition by the German authorities, they will be employed as nursing staff.
(2) The agency services of the Contractor include monitoring and accompanying the language training of the candidates as well as the entry and recognition procedures of suitable candidates.
§ 3 Recruitment
(1) As part of the recruitment process for the Client, the Contractor undertakes the search for (Filipino) workers in the health sector (“specialist”) in Accordance with a written order (“job order”) issued by the Client (in individual cases). The job order must contain information regarding the position to be filled, the number of skilled workers required, the basic monthly salary and the contractual conditions. The acceptance of the job order must be conformed by DS Crewing Services GmbH.
(2) According to the common understanding of the Parties, the recruitment process is as follows:
The Client issues the Contractor with a recruitment order by sending a job order in accordance with § 3 paragraph 1. The Client creates a requirement profile for the skilled workers to be recruited by the Contractor. The Contractor then selects specialists who largely meet the requirements of the requirement profile and could therefore be considered for the Client. For these specialists, the Contractor sends the Client an applicant profile and, if the specialist agrees, the complete application documents.
(3) If the Client also considers the proposed specialist to be suitable, the Contractor will organize an interview as part of a digital interview between the Client and the specialist.
Further services are content of the service agreement.
(4) The organization of candidates from the applicant pool who, at the beginning of language training, do not yet know their future employer due to organizational restrictions, takes place under the following conditions of the quality seal:
The candidate is transparently informed about the specifics of recruiting candidates from the applicant pool (e.g., that there is no "matching" with an employer at the start of the language school classes).
The preferences of the candidate from the applicant pool for the "matching" are requested, and these preferences are used and ensured in the planned recruitment process with the future employer so that the future employer takes them into account when selecting candidates.
DS Crewing Services GmbH operates exclusively according to the Employer Pays Principle. The candidate from the applicant pool is assured that no costs related to the language training will arise for them if a "matching" with a specific employer does not occur in the planned recruitment round. As long as no employer is found for the candidate from the applicant pool, the agency will cover any costs incurred in the placement process.
The contractor commits to the candidate that it is fundamentally ensured that a suitable employer (according to the candidate's "matching criteria") will be found for the candidate.
§ 4 Fulfilment of the Contract and obligation to notify
(1) The Recruitment Contract is fulfilled as soon as an employment contract has been concluded between the Client and a specialist recruited by DS Crewing Services GmbH. Cocausation of the establishment of the employment relationship is sufficient. It is irrelevant at what time the employment relationship begins.
(2) In case the specialist breaks off the language training or preparation for starting work in Germany, the specialist does not start work or the employment relationship between the Client and the specialist ends within six months of the start of employment for professional reasons, DS Crewing Services GmbH will propose a suitable specialist to the Client and thus resume the procedure according § 2 paragraph 2 without incurrence of an additional agency fee according § 5.
§ 5 Agency Fee
(1) In the event of the conclusion of a contract with a specialist procured by DS Crewing Services GmbH, a fee plus the statutory value-added tax shall be charged.
(2) The remuneration covers all other expenses which DS Crewing Services GmbH incurs for the recruitment of the specialist, unless these are expenses which result from additional agreements with the Client and are not already covered by the expenses mentioned in the service agreement.
(3) All other costs and expenses are due as incurred.
(4) The time for payment is 14 days after receipt of the invoice by the Client. Payment is made cashless to a specified bank account of DS Crewing Services GmbH in Euro.
§ 6 Liability / Guarantee
(1) The information about a specialist provided by DS Crewing Services GmbH is based on details and information from the specialist or from third parties. This data was checked for correctness and completeness both by DS Crewing Services GmbH as part of a candidate screening and by the competent authority as part of the procedure for the recognition of foreign professional qualifications. A guarantee for the correctness and completeness is given by DS Crewing Services GmbH only to the extent that it was aware of the incorrectness and incompleteness of the data or was not aware of it due to gross neglicence.
(2) DS Crewing Services GmbH assumes a guarantee for the work performance, quality, language skills, way of working and resilience of the recruited specialist or her personal reliability only in accordance with the principles mentioned in paragraph 1, i.e. in the case of positive knowledge or grossly negligent ignorance of the circumstance giving rise to liability.
(3) DS Crewing Services GmbH is not a party to the employment contract between the client and the respective specialist. The specialist is neither a vicarious agent nor a subcontractor of DS Crewing Services GmbH. DS Crewing Services GmbH shall not be liable for any damages or other obligations of the obligations of the specialist arising from his or her activities and breaches of duty by the client and the facility is therefore excluded.
(4) DS Crewing Services GmbH expressly assumes no guarantee that the Client properly and fully fulfils or has fulfilled its due payment and other obligations towards the specialists employed by it when due, nor that the Client has complied with the obligations incumbent on it under German and Philippine law.
(5) Furthermore, DS Crewing Services GmbH warrants in agreement with the client that both in the employment contracts of the jobs arranged / offered by DS Crewing Services GmbH and in the overall context of the arranged / offered employment relationship, there are in no case any provisions regarding commitment and repayment clauses for international caregivers that contradict the legal framework for commitment and repayment clauses set forth in labor law. This also applies to possible ancillary agreements and/or arrangements that contradict the "employer pays" principle.
(6) The client undertakes to provide the candidates, together with the job offer, the information brochure, and a written corporate integration management concept. The respective concept will become part of the employment contract. This concept, in the implementation of which the personnel or works council has been involved, must include the following structure according to the DKF pilot standard:
- Foreword/Introduction
- Preparations after recruitment
- Arrival and the first days
- Support with relocation management
- Organizing the recognition process
- Establishing integration management
- Adjusting onboarding
- Facilitating team building
- Expanding competencies
- Managing conflicts
- Sponsorship and mentoring
- Facilitating social participation
- Dealing with termination and poaching
DS Crewing Services GmbH can only work with clients under the criteria and requirements of the quality seal. If clients do not meet the above conditions, then cooperation with DS Crewing Services GmbH (Quality Seal Agency) is not possible.
Along its service chain, DS Crewing Services GmbH reserves the right to conduct occasional inspections with regard to compliance with the provisions of the terms and conditions, corporate principles, and code of conduct vis-à-vis its business partners and clients.
In the event of repeated non-compliance with the terms and conditions, corporate principles, and code of conduct by the business partners and clients, DS Crewing Services GmbH reserves the right to terminate the contract with immediate effect.
§ 7 Corporate Principles / Code of Conduct
The corporate principles and the code of conduct are integral parts of the terms and conditions and can be viewed at ds-crewing-services.de/compliance/company-policy and ds-crewing-services.de/compliance/code-of-conduct respectively.
§ 8 Duration of the Contract, Termination
1. The contract is concluded for an indefinite period unless otherwise agreed and can be terminated by either party with a notice period of 3 months.
2. The right to terminate the contract for cause remains unaffected.
3. Changes or additions to this contract, including its mutually agreed termination or cancellation, require written form. The written form requirement is also necessary for deviating from the written form requirement. Oral collateral agreements do not exist.
4. At the time of termination becoming effective, mediation assignments that are in progress will be settled by the parties according to the provisions of this contract even after the expiration of the contract term, unless the settlement by one of the parties is unreasonable due to a reason lying within the sphere of the other party.
§ 9 Final Provisions
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of the contractor (Hamburg, Germany).
Furthermore, DS Crewing Services GmbH refers to the statutory regulations regarding the recognition procedure in Germany, in particular:
- the compensation measures available in Germany in accordance with the Nursing Professions Act
- the principle of freedom of choice for the applicant between the compensation measures
Your qualification as a nurse, obtained in your home country, must be recognized in Germany. You have two options for this: either you can undergo an equivalency assessment based on your educational documents, or you can waive this process and directly complete a compensation measure.
In the first option, the responsible authority will evaluate your documents to determine if your professional qualification is equivalent to the German qualifications. The reference profession is the German qualification "nurse" (Pflegefachfrau/-mann or Pflegefachperson). If there are differences between your qualification and the German training, you may need to take a proficiency exam or complete an adaptation course to demonstrate an equivalent level of knowledge.
In the second option, you can voluntarily sign a waiver for the equivalency assessment, which gives you the opportunity to proceed directly with a compensation measure. This can shorten the process and reduce administrative fees. However, any qualifications you have already obtained (such as additional training) and your professional experience will not be considered. This may result in the proficiency exam or adaptation course being more extensive than if the differences had been identified through the equivalency assessment.
Before making your decision, you have the right to seek advice. The Central Service Point for Professional Recognition (ZSBA) offers free consultation on waiving the equivalency assessment. The application for professional recognition must be submitted to the relevant authority in the federal state where you intend to work. The German recognition granted there is valid nationwide.
Rev. Nr.: 2024-00 / effective: 08-2024
