General Terms and Conditions of DS Crewing Services:
Rev. Nr.: 2021-00 / Stand: 12-2021
DS Crewing Services GmbH
Domstraße 17
20095 Hamburg
(hereinafter "Contractor")
§1 General
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. These General Terms and Conditions are an integral part of the recruitment contract with the client.
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. 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 do not yet know their future employer at the start of the language training due to organizational restrictions, is carried out under the following conditions of the quality seal:
The candidate is informed transparently about the peculiarities of recruiting candidates from the applicant pool (e.g., that at the start of the language training there is no "matching" with an employer yet).
The wishes of the candidate from the applicant pool for "matching" are requested and the wishes are used for the planned recruitment with the future employer, or it is ensured that the future employer takes these wishes into account in his candidate selection.
It is confirmed to the candidate from the applicant pool that he/she will not incur any costs in connection with the language training if there is no "matching" in the planned recruitment round with the specific employer. If no employer has been found for the candidate from the applicant pool, the agency will assume any costs incurred that are part of the placement process.
The Contractor undertakes vis-à-vis the candidate that it is fundamentally guaranteed to find a suitable employer for the candidate (in accordance with the candidate's "matching criteria").
§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 with the information brochure and a written corporate integration management concept together with the job offer. The respective concept becomes part of the employment contract. This concept, for whose implementation the personnel or works council has been involved, must include the following bullet points in accordance with the DKF pilot standard:
- Preface/Introduction
- Preparations after recruitment
- Arrival and the first days
- Relocation management support
- Organize recognition process
- Establish integration management
- Adapt induction
- Accompany team building
- Expand competencies
- Intercepting conflicts
- Sponsorships and mentoring
- Enabling social participation
- Dealing with dismissal and poaching
DS Crewing Services GmbH can only work with clients who meet the criteria and requirements of the quality seal. If clients do not meet the above-mentioned conditions, then no cooperation with DS Crewing Services GmbH (= Quality Seal Agency) is possible.
Rev. Nr.: 2021-00 / Stand: 12-2021
