General Terms and Conditions (GTC) Franz & Wach Personalservice GmbH
1. subject matter of the contract, implementation
1.1 The personnel service provider shall provide the client with temporary employees at the agreed location on the basis of a temporary employment contract (contract) in accordance with the following General Terms and Conditions (GTC). Conflicting terms and conditions of the Client shall only be recognized if they are consistent with the GTC or have been expressly confirmed by the personnel service provider - at least in text form.
1.2 The personnel service provider is a member of the Gesamtverband der Personaldienstleister e.V. (GVP) and declares that the GVP/DGB collective agreement (including the industry supplement collective agreements) and supplementary, amending or replacement collective agreements are included in full in the employment contracts it has concluded with the employees deployed by the client, in the version applicable at the time.
1.3 The employees provided by the personnel service provider are selected according to the professional requirements profile described by the client and may only be deployed in the contractually agreed area of activity. In particular, the customer is prohibited from entrusting the employees with the transportation, handling or collection of money and other means of payment. If the customer intends to commission the employee with such activities, a separate agreement between the personnel service provider and the customer is required. Furthermore, with the exception of time sheets in accordance with Clause 10.1, employees are not authorized to accept documents intended for the personnel service provider.
1.4 During their assignment with the customer, employees are subject to the customer's instructions and work under the customer's supervision and guidance. Contractual relationships are not established between the client and the employee. Agreements on the nature and duration of the work, working hours and other arrangements can only be made with the personnel service provider.
1.5 The personnel service provider undertakes to only assign employees who are in an employment relationship with the personnel service provider. The client warrants that it will not subcontract temporary workers either openly (disclosed temporary employment) or covertly (covert temporary employment, e.g. fictitious work contracts) (no chain leasing).
1.6 The Client warrants that no employee deployed under the contract has left an employment relationship with the Client itself or a company affiliated with the Client in accordance with Section 18 of the German Stock Corporation Act in the last six months prior to the start of deployment specified in the contract.
1.7 The Client warrants that no employee deployed under the contract has worked for the Client via another personnel service provider in the last three months and one day. Otherwise, the client shall inform the personnel service provider of the shorter interruption. In this case, previous assignments shall be taken into account when agreeing the duration of the assignment.
1.8 If the personnel service provider provides the client with workers within the meaning of Section 1b sentence 1 AÜG, the client confirms that the company of assignment does not predominantly perform trades within the meaning of Section 1 of the Construction Companies Ordinance. The client is obliged to inform the personnel service provider immediately of any change.
1.9 The personnel service provider undertakes to select qualified employees for the intended work. The personnel service provider shall ensure that the employees deployed by the client, provided they are not nationals of an EEA state or Switzerland, are authorized to take up the work on the basis of foreign national regulations. The personnel service provider shall provide corresponding proof upon request by the client.
2. rejection
2.1 If the customer is not satisfied with the employee's performance, he may reject the employee within 4 hours of the start of the assignment.
2.2 Furthermore, the client may reject the employee with immediate effect if there is a reason that would entitle the employer to extraordinary termination (Section 626 BGB). In the event of rejection, the personnel service provider shall be entitled, but not obliged, to provide an equivalent replacement.
2.3 The rejection must be made in writing to the personnel service provider, stating the reasons.
3. replacement of the employee, strike
3.1 In cases of rejection in accordance with Clauses 2.1 and 2.2 and in the event of unforeseen absence of the employee, e.g. due to illness, the personnel service provider shall be entitled, but not obliged, to provide an equivalent replacement within 24 hours. If this is not possible, the personnel service provider shall be released from its obligation to perform.
3.2 If the Client's business is affected by a lawful industrial dispute, the Personnel Service Provider shall be obliged to withdraw its employees until the end of the industrial dispute, subject to an emergency service agreed for the Client's business.
3.3 The personnel service provider is also entitled to replace the leased employee at any time for internal, organizational or legal reasons and to provide a comparably qualified employee. The customer must be informed immediately by the personnel service provider of the replacement.
4. occupational health and safety
4.1 During the work assignment, the customer shall assume the duty of care of an employer towards the employee. It must ensure that the applicable accident prevention and occupational health and safety regulations and the legally permissible working time limits are complied with at the employee's place of employment and that first aid facilities and measures are guaranteed. If the employee's work requires an occupational health check-up or the use of personal protective equipment (PPE), the customer must carry out such an examination or provide the PPE at its own expense before the start of the work.
4.2 The Customer shall provide workplace-specific occupational health and safety instructions before the employees deployed commence work. The instruction must be documented by the customer and a copy must be handed over to the personnel service provider upon request. In addition, the personnel service provider is obliged to monitor compliance with the employee protection regulations (including the ArbZG). The above obligations are without prejudice to the obligations of the personnel service provider. The personnel service provider shall be granted the right of access to the workplaces of the leased employees at any time during working hours in order to fulfill its employer obligations.
4.3 In the event of work on Sundays or public holidays, the Client shall provide the Personnel Service Provider with proof - at least in text form - that the Client is authorized to order work on Sundays or public holidays.
4.4 The Client is obliged to notify the personnel service provider immediately of any accident at work and to provide it with all information for the accident report in accordance with Section 193 (1) SGB VII. Notifiable accidents at work must be reported immediately to the employers' liability insurance association by means of an accident report. The customer must send a copy of the accident report to the employer's liability insurance association responsible for his company.
4.5 If the employee justifiably refuses to take up or continue work due to defective or non-existent safety facilities, equipment or protective clothing, the customer shall be obliged to pay the personnel service provider the agreed remuneration for the periods of absence from work.
5. remuneration, assignment-related surcharge, industry surcharges, other surcharges, adjustment
5.1 The hourly rate agreed in the employee leasing agreement shall be decisive for invoicing. The hourly rates take into account all wage and ancillary wage costs, including any industry surcharges to be paid for the leased employees. The prices quoted are exclusive of statutory value added tax. Invoicing shall be based on the actual hours worked, whereby at least the agreed working hours shall be invoiced. Times for on-call duty and travel times of the leased employees shall be invoiced at the agreed hourly rate.
5.2 The hourly rate shall be increased by an assignment-related surcharge of 1.5 % or 3 % if the employee has been employed by the client for 9 or 12 calendar months without interruption. The due dates of the increase are postponed by the periods of interruption if these are up to 3 months. Interruption periods lasting longer than three months result in a recalculation of the periods. The assignment-related supplement does not apply if the employee is entitled to an industry supplement (cf. Section 5.3) that exceeds the amount of the assignment-related supplement.
5.3 If the employee is entitled to industry surcharges because he is assigned to a customer company subject to surcharges, the hourly rates shall increase in stages in accordance with the relevant industry surcharge collective agreement depending on the duration of the employee's assignment at the customer company.
5.4 Improvement agreements within the meaning of § 4 of the industry surcharge collective agreements concluded in favor of the employees may have an increasing effect on the hourly rate. This requires a separate agreement. Travel costs and allowances are also only subject to remuneration if agreed separately.
5.5 If the client wishes to work overtime, at night, on Sundays or on public holidays, a separate prior agreement with the personnel service provider is required. In such cases, the following surcharges shall be calculated on the basis of the applicable hourly rate:
a) Overtime (from the 41st hour per week): 25%,
b) Night work (work between 8 p.m. and 6 a.m.): 25%;
c) Saturday work (work on Saturdays between midnight and midnight): 50%
d) Sunday work (work on Sundays between 0.00 and 24.00 hours): 100%;
e) Public holiday work (work on public holidays between 0.00 and 24.00 hours and for work on Christmas Eve and New Year's Eve after 14.00 hours): 125%.
The basis for calculating the surcharges is the agreed hourly rate. If the customer's surcharge regulation contains higher values, the percentages stated here shall apply. Insofar as supplementary and/or deviating surcharge regulations apply to the leased employee in the future on the basis of the GVP/DGB collective agreement or on the basis of the supplementary, amending or replacing collective agreements, the above-mentioned surcharges and/or their percentage values shall be adjusted accordingly. In the case of fully continuous shift work (continuous shift) or a comparable other shift model of the customer, the surcharges shall be based on the customer's surcharge model if a full cycle is completed. The customer is obliged to inform the personnel service provider of any surcharge regulation for fully continuous shift work at the company of assignment - at least in text form - before the start of the respective assignment of the leased employee.
5.6 If the leased employee is entitled to the remuneration of a comparable employee on the basis of Section 8 AÜG after nine months of uninterrupted leasing to the customer, the customer is obliged to inform the personnel service provider in good time before the expiry of the deadline of all remuneration components of a comparable employee required to determine the equalization claim with regard to remuneration.
5.7 The personnel service provider is entitled to adjust the agreed temporary employment remuneration at its reasonable discretion if there are changes in the cost situation. Reasonable discretion requires that the adjustment only takes into account the new cost situation, in particular as a result of an increase in remuneration in the GVP/DGB collective agreement or in the supplementary, amending or replacing collective agreements, as a result of the validity of a new or previously non-applicable industry supplement collective agreement or as a result of the relevance of the principle of equal treatment (Section 8 AÜG). The above shall also apply if the activity performed becomes subject to a minimum wage or if the relevant minimum wage increases. The personnel service provider is obliged to adjust the temporary employment remuneration accordingly in the event of corresponding cost reductions.
6. brokerage commission
6.1 A placement is deemed to exist if the Client or a company legally or economically affiliated with the Client enters into an employment relationship with the employee of the personnel service provider during the term of the contract. This shall also apply if and insofar as the employment relationship between the client and the leased employee should arise on the basis of a statutory order, in particular pursuant to Section 9 (1) No. 1, 1a or 1b AÜG, and thus without or even against the will of the client. A placement also exists if the customer or a company legally or economically associated with the customer enters into an employment relationship with the employee within 6 months of the end of the assignment, but no more than 12 months after the start of the assignment. In this case, the customer reserves the right to prove that the employment relationship was not concluded on the basis of the previous assignment. A placement shall also be deemed to have taken place if the client or a company legally or economically affiliated with the client enters into an employment relationship directly after the personnel service provider has established contact with the applicant proposed for a temporary assignment without a prior assignment.
6.2 The time at which the employment relationship between the customer and the employee is established is not the time at which the employee starts work, but the time at which the employment contract is concluded.
6.3 The client is obliged to inform the personnel service provider whether and when an employment contract was concluded. If, in the event of a dispute, the personnel service provider presents evidence for the existence of an employment relationship between the client and the employee, the client shall bear the burden of proof that an employment relationship was not entered into.
6.4 In the cases set out in Clause 6.1, the customer shall pay a commission to the personnel service provider. Temporary employment relationships are subject to commission to the same extent as permanent employment relationships. The amount of the agency commission shall be 2.5 gross monthly salaries if the employee is taken on directly without prior assignment. Otherwise, the agency commission amounts to 2 gross monthly salaries in the case of a takeover within the first 3 months after the start of the temporary employment, 1.5 gross monthly salaries in the case of a takeover within the 4th to 6th month after the start of the temporary employment, 1 gross monthly salary in the case of a takeover within the 7th to 9th month and 0.5 gross monthly salaries in the case of a takeover within the 10th to 12th month after the start of the temporary employment.
6.5 The basis for calculating the placement commission shall be the gross monthly salary agreed between the Client and the employee, but at least the gross monthly salary agreed between the personnel service provider and the employee. The client shall provide the personnel service provider with a copy of the signed employment contract and shall inform the personnel service provider immediately after conclusion of the employment contract of all further information required by the personnel service provider to calculate the commission, in particular the relevant information on remuneration. In the event of interruptions in the assignment, the start of the last assignment prior to the establishment of the employment relationship shall be decisive. The agency commission is payable plus statutory value added tax. The commission is payable 14 days after receipt of the invoice.
6.6 If the employee works for the customer on the basis of a freelance contract or a contract with a self-employed person, the above provisions shall apply accordingly with the proviso that the monthly fee agreed between the customer and the employee shall form the basis of the calculation instead of the gross monthly salary.
6.7 The above provisions shall also apply if the employee is placed in a training relationship with the client. In this case, the basis for calculating the placement commission shall be the gross training remuneration agreed between the client and the employee, but at least the gross monthly salary last agreed between the personnel service provider and the employee.
6.8 The client may commission the personnel service provider as part of a direct placement (search and supply of suitable candidates for profiles to be specified by the client without prior temporary employment). The parties shall conclude a recruitment contract for this purpose - at least in text form. If, in individual cases, the personnel service provider is commissioned to carry out a direct placement without a text form personnel placement contract being concluded in this context and a placement is made, in particular if the client concludes an employment contract with the candidate proposed by the personnel service provider within 12 months of the candidate being presented by the personnel service provider, the personnel service provider shall be entitled to payment of a placement commission. This shall amount to 30% of the total annual gross remuneration agreed between the client and the candidate placed, plus VAT. The provisions in Clause 6.5 p. 2, 4 to 5 shall apply accordingly.
7. information obligations of the customer
7.1 The Customer shall be obliged to provide the Personnel Service Provider with the information required to assign the Customer's business to an industry subject to a surcharge and to determine the industry surcharge due there. In particular, the client undertakes to inform the personnel service provider about agreements in the client company within the meaning of Clause 5.4 which provide for benefits for the employees. Such benefit agreements shall be recorded in the temporary employment contract. The aforementioned information must be provided on the information form attached to the GTC and must be truthful and correct. The client is aware that providing false information may have adverse legal consequences for the personnel service provider. In this case, the personnel service provider may suspend the provision of employees to the client despite the existence of an employee leasing agreement. The personnel service provider's right to refuse to provide its services in the event of breaches of the duty to provide information shall arise independently of any liability claim of the personnel service provider pursuant to Section 8.4.
7.2 The customer shall inform the personnel service provider immediately of any planned industrial action of which it is aware that directly affects its business or part of its business, insofar as the leased employee is or is to be deployed there. If the client's business is affected by a labor dispute, the personnel service provider shall not be obliged to assign employees; rather, the assignment of employees is generally excluded. The personnel service provider's entitlement to remuneration shall remain unaffected by a labor dispute at the customer's company, even if the personnel service provider is not obliged to provide employees to the customer in this case; the entitlement to remuneration shall be based on the agreed working hours.
7.3 The Client undertakes to provide the Personnel Service Provider, without being requested to do so, with a copy of any collective agreements in force or any collective agreements that may apply to the Client in the future and that provide for a deviation from the future maximum duration of 18 months and/or any works agreements in force or that may apply in the future in the Client's company to which the Personnel Service Provider provides employees and that provide for a deviation from the future maximum duration of 18 months on the basis of a collective agreement. This applies in particular if a collective agreement and/or a works agreement stipulates a shorter maximum assignment period than 18 months.
7.4 The Client undertakes to inform the Personnel Service Provider immediately if and to the extent that an employee provided to the Client by the Personnel Service Provider has submitted a declaration of detention to the Client in accordance with Section 9 AÜG. In doing so, the customer shall at least observe the text form and provide the personnel service provider with a copy of the corresponding declaration of detention and inform the personnel service provider when the customer received the declaration of detention.
7.5 The Client undertakes to provide the Personnel Service Provider in good time with all details and information required to determine the relevant maximum duration of the temporary employment (Section 1 (1) sentence 4, (1b) AÜG) and its interruption. The Client shall submit the necessary documents to the personnel service provider and provide the corresponding photocopies and confirm the accuracy of the information - at least in text form.
7.6 The customer undertakes to inform the personnel service provider immediately - at least in text form - if and insofar as it grants the leased employee access to its communal facilities, about corresponding changes or if a company agreement exists in the respective deployment company that provides for benefits for temporary workers working there. Furthermore, the customer is obliged to inform the personnel service provider - at least in text form - as soon as such a company agreement is terminated or amended or newly concluded.
8 Liability, indemnification, compensation
8.1 The personnel service provider shall only be liable for the faultless selection of its employees for the agreed activity. It shall not be liable for the performance of the work by the employee or for any damage caused by the employee in the performance of his/her work, unless such damage is attributable to culpable conduct on the part of the personnel service provider. The client is obliged to indemnify the personnel service provider against all claims made by third parties in connection with the execution and performance of the activities assigned to the temporary employee, unless the personnel service provider itself is liable for this.
8.2 The personnel service provider shall be liable for damages resulting from injury to life, limb or health in accordance with the statutory provisions if it is at fault.
8.3 The personnel service provider shall only be liable for all other damages in the event of intent and gross negligence. Liability for slight / normal negligence is excluded. The latter shall not apply to the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely ("cardinal obligations"), such as the careful selection of the employee to be assigned.
8.4 If the Client breaches its contractual and/or statutory duties to provide information, in particular those set out in Clauses 5.6 and 7, either because it fails to comply with them or because the information it provides is incorrect, incomplete or erroneous, or if the Client notifies the Personnel Service Provider of changes, in particular pursuant to Clause 5.4, incompletely, erroneously or without delay, and if the Personnel Service Provider is obliged for this reason to subsequently pay industry surcharges or equal pay claims to its employees. 5.4, incompletely, incorrectly or not immediately and the personnel service provider is obliged for this reason to subsequently pay industry surcharges or equal pay claims to its employees, the customer shall be obliged to compensate the personnel service provider for all damages incurred as a result. Should the breach of the duty to inform result in the employee incurring claims against the personnel service provider, the personnel service provider shall be free to decide whether to invoke preclusive periods against its employees; in this respect, it shall not be subject to the duty to mitigate damages. The damages to be compensated in the case of the subsequent granting of remuneration claims shall be the sum of the gross amounts to be paid by the personnel service provider plus the employer's social security contribution. At the same time, the client is obliged to indemnify the personnel service provider against claims by social security institutions and the tax authorities which they assert on the basis of the above-mentioned liability facts irrespective of gross remuneration payments.
8.5 This shall not affect other claims of the personnel service provider for damages.
9. invoicing, payments
9.1 Invoices shall be sent to the client on a weekly basis, but at least once a month. The basis for invoicing shall be the employee's time sheets or alternatively electronic time sheets. The time sheets shall be submitted to the client weekly, at the end of the calendar month or immediately after the end of the assignment. The invoices issued by the personnel service provider are due immediately and payable without deduction. The employee is not entitled to accept advances or other payments.
9.2 The Client shall be in default if the invoice amount is not received in the business account of the personnel service provider within 10 calendar days of receipt of the invoice. A prior reminder is not required (§ 286 para. 2 BGB). § Section 288 BGB shall apply.
9.3 If the Client is in default of payment, the personnel service provider shall be entitled to demand immediate payment of all outstanding invoices - including deferred invoices - and to demand immediate settlement or the provision of security from the Client. At the same time, the personnel service provider shall be entitled to withhold the employees to be provided by it until payment has been settled (right to refuse performance).
10 Offsetting, retention
10.1 The customer is not entitled to offset claims against the personnel service provider or to assert a right of retention unless the counterclaim is undisputed or has been legally established.
10.2 The Client may not assign or pledge claims arising from the temporary employment contract to third parties without the consent of the personnel service provider.
11. termination
11.1 A contract can be terminated by either party with a notice period of 5 working days; this also applies to contracts concluded for a fixed term before the expiry of the agreed term. Contracts concluded for a fixed term shall end without further declaration by either party at the latest when the agreed date is reached. A so-called deregistration of the leased employee by the customer is considered by the parties to be a permissible termination of the contract; if the customer does not comply with the agreed notice period when deregistering, the temporary employment ends with the shortened period specified by the customer if the personnel service provider does not object immediately.
11.2 The right to terminate the contract without notice remains unaffected.
11.3 Any termination must be in text form. Termination by the Client shall only be effective if it is given to the personnel service provider. The leased employees are not authorized to accept the notice of termination.
12. confidentiality
12.1 The parties undertake to treat all information of which they become aware during the cooperation, including all personal data of the employees provided, as strictly confidential. The same applies to all knowledge gained about internal business processes and procedures of the parties. This does not apply to all data and information that is in the public domain or generally known.
12.2 The parties undertake to treat the information, data and knowledge obtained with the utmost care. They shall take such precautions as are necessary to protect the information and data, but at least those precautions with which they protect particularly sensitive information about their own company. They further undertake to process the information and data received exclusively for the purposes of the agreed service provision and not to use it for any other purpose, nor to forward it to third parties or make it accessible to them.
12.3 The parties also undertake to comply with the requirements of data protection laws. The respective employees shall be obliged to maintain data secrecy.
12.4 The obligations set out in Clause 12 above shall continue to apply after termination of the cooperation between the parties. The Client undertakes to delete the information and data of which it has become aware immediately after termination, provided that there are no statutory retention obligations to the contrary. Data carriers received from the personnel service provider must be returned or destroyed.
13. reference citation
The customer agrees that the personnel service provider is entitled to use the company name and logo as a reference. The customer may formally revoke this consent at any time.
14. final provisions
14.1 The contract must be in text form in accordance with Section 12 (1) sentence 1 AÜG in order to be valid. Ancillary agreements and amendments to the contract must also be in text form to be effective. This also applies to a change to the text form requirement itself. There are no verbal agreements.
14.2 If the parties have made agreements or provisions in the contract and/or in a supplementary agreement that deviate from these GTC, these shall take precedence over these GTC.
14.3 If the Client is a merchant, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of the personnel service provider. The personnel service provider may also assert its claims before the courts of the customer's general place of jurisdiction.
14.4 The legal relationship between the personnel service provider and the client shall be governed exclusively by the law of the Federal Republic of Germany.
14.5 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to replace the invalid provision with an agreement that comes as close as possible to the economic and legal intentions expressed in the contract.
Status: February 1, 2026
