General Terms and Conditions (GTC)
of CARPE DIEM GmbH Personalkonzepte
HRB 725021, District Court Stuttgart
D-70184 Stuttgart, Alexanderstraße 23
hereinafter referred to as the "Lender"
§ 1 Scope
CARPE DIEM GmbH Personalkonzepte (hereinafter referred to as the "Lender") shall perform services and make offers in connection with the leasing of its employees (hereinafter referred to as the "Employees") to clients (hereinafter referred to as the "Borrowers") exclusively on the basis of these General Terms and Conditions (GTC). Any general terms and conditions of the Borrower are expressly rejected. The GTC in their respective current version shall also apply to follow-up transactions, even if reference is not made again at the time of conclusion.
§ 2 Written Form; Execution and Subject of the Contract
Each lease of an employee requires the conclusion of an employee leasing agreement (hereinafter "ELA"). This agreement must be in writing pursuant to § 12 para. 1 of the German Temporary Employment Act (AÜG), particularly signed by both parties. This also applies to collateral agreements, amendments, or supplements; agreements made with the leased employee are not valid unless confirmed in writing by the Lender. The parties agree that the applicant waives the requirement of receiving the acceptance declaration in accordance with § 151 para. 1 of the German Civil Code (BGB).
Employees may not be assigned to construction sector companies as per § 1b AÜG. Should such an assignment occur regardless, the Borrower shall be liable for all resulting damages and expenses to the Lender.
Employees may only be tasked with duties specified in the ELA; this particularly applies to handling money, securities, or valuables. If the Borrower wishes to change the assigned position, written consent from the Lender must be obtained. The Lender accepts no liability for damages resulting from assignments to non-agreed tasks.
The Borrower agrees to comply with the duty of care as outlined in § 618 BGB and provide access to social facilities (e.g., cafeteria, lockers, restrooms) to the same extent as its own employees.
The Borrower shall ensure compliance with the General Equal Treatment Act (AGG) to prevent discrimination of the Employee by anyone deployed by the Borrower. All personnel must be appropriately trained in preventing discrimination.
Employees are subject to the Borrower's operational rules and instructions as long as they fall within the agreed tasks. The Borrower must ensure working hour limits in accordance with the Working Hours Act (ArbZG) are not exceeded. Only the Lender has the right to grant leave.
The Lender may recall the Employee at any time and replace them with a qualified substitute.
If official permits are required for the Employee’s assignment, the Borrower shall obtain these at its own expense and provide a copy to the Lender.
The Lender ensures that the Employee holds any necessary work/residence permits during the leasing period and will provide copies upon request.
§ 3 Warranty; Liability; Default; Withdrawal from the Contract
The Lender guarantees only for culpable breaches of its obligations to provide a qualified employee on time and properly. Liability without fault is expressly excluded.
The Lender shall not be liable for damages caused by the Employee during or in connection with their activities at the Borrower’s site. The same applies if the Employee fails to perform their duties. The Borrower agrees to indemnify the Lender against any third-party claims arising from the activities assigned to the leased Employee.
The Borrower must check on the Employee’s first day whether they are suitable for the assigned duties. If not, the Employee can be deregistered by 12:00 noon on the first day in text form. If deregistration is due to insufficient qualifications, hours worked until that time will not be charged. Deregistration after 12:00 noon will result in charges for hours worked until that time.
The Lender is only liable for breaches of duty that are intentional or due to gross negligence. In case of breach of cardinal duties or injury to life, body, or health, liability also extends to slight and medium negligence.
Compensation claims are excluded unless covered by the above conditions. The Lender is not responsible for force majeure (e.g., strikes, epidemics, official orders), which may delay or prevent the assignment.
In case of delay, the Borrower can only withdraw after granting a reasonable grace period.
If the Borrower refuses the Employee and no suitable replacement is available, the Lender may withdraw from the ELA without liability for damages.
The Borrower shall indemnify the Lender for all claims related to occupational health and safety or AGG violations. This includes damages if a replacement employee cannot be provided on time.
The Borrower shall maintain liability insurance covering at least €2.5 million for property/personal damages and €500,000 for financial loss.
If industry-specific bonuses apply and the Borrower provided false or incomplete information, they must compensate the Lender for all resulting costs, including gross salary and employer contributions.
§ 4 Equipment; Occupational Health and Safety
Unless otherwise agreed, the Borrower is responsible for providing all necessary equipment, protective clothing, and tools.
Only equipment that complies with safety regulations may be issued to the Employee.
The Borrower is solely responsible for the proper return of any items issued.
If the Employee refuses work due to unsafe conditions, the Borrower is liable for resulting damages.
§ 5 Remuneration; Hourly Rates and Surcharges
The Lender may charge the hourly rate specified in the ELA for each hour worked, plus any applicable surcharges. Standby time is also charged at the agreed rate. VAT is added as required.
Unless agreed otherwise, the Borrower must accept 40 hours per week and 8 hours per day. If the Borrower delays acceptance or fails to cooperate, they must pay for the non-accepted hours.
Surcharges include: 25% for night hours (11:00 p.m. – 6:00 a.m.), 50% on Sundays, 100% on holidays and from 2:00 p.m. on Christmas Eve/New Year’s Eve, 25% for overtime (from the 41st hour), 3% from the 10th month of assignment.
Only the highest applicable surcharge is charged. The assignment surcharge does not apply if industry-specific bonuses or Equal Pay apply.
If the Employee performs tasks not listed in the ELA, the Borrower must inform the Lender in writing. The Lender may then increase the rate.
If the place of work changes and costs increase, the Lender may adjust the rate or demand reimbursement.
If wage rates increase per the applicable collective agreement, the hourly rate is adjusted accordingly. 80% of the rate reflects wage components, 10% expense reimbursements.
Adjustments also apply if job profiles or comparative wages change.
Employees may refuse to work during strikes (§11 para. 5 AÜG). In such cases, the Borrower remains liable for payment. Termination is only possible via ordinary notice.
§ 6 Time Sheets; Invoicing and Payment Terms
Working hours are billed based on time sheets completed by the Employee. The Borrower must sign weekly and provide copies to the Employee.
Signed time sheets are binding; objections raised later are not accepted.
If not signed on time, and after notice and grace period, the hours are deemed accepted unless proven otherwise.
Invoices are issued weekly. Payment terms follow the ELA. Late payments incur 10% interest. The Lender may withdraw the Employee in case of default.
Invoices are sent electronically (PDF via email). The Borrower must ensure delivery, e.g., by adjusting filters/firewalls. Auto-replies do not prevent valid delivery.
Changes to the recipient email address must be submitted in writing. The Lender is not liable for email-related risks or unauthorized access.
The Borrower may revoke electronic invoicing at any time in writing.
If the Borrower defaults, all invoices (even deferred ones) become due immediately. Payments made to the Employee do not fulfill the Borrower’s obligation to the Lender.
§ 7 Continued Employment of Employees
If the Borrower or an affiliated party hires the Employee during or shortly after the lease period, the Lender is entitled to a placement fee equal to two gross monthly salaries. The fee is reduced by 1/12 for each full month of leasing.
If re-employed on another basis (e.g., freelance, contract work), the Borrower pays €500/month (plus VAT), capped at six months.
The claim arises upon signing or starting the new employment. The Borrower must inform the Lender about any continued employment within 6 months and provide salary proof if requested.
§ 8 Offsetting, Retention, and Assignment
Offsets and rights of retention may only be asserted with recognized, undisputed, or legally established claims.
Assigning claims against the Lender requires prior written consent.
§ 9 Confidentiality; Data Privacy
The Employee is contractually bound to maintain confidentiality regarding the Borrower’s trade secrets. Breach may result in termination.
The Borrower must inform the Lender if additional written confidentiality declarations under § 5 BDSG are required.
The Borrower must keep all personal data of the Employee confidential and prevent third-party access.
§ 10 Contract Duration and Termination
Unless otherwise agreed, the ELA is concluded for an indefinite period. If the Employee continues beyond the agreed term, the ELA is deemed extended.
Termination must be in text form by Tuesday, 5:00 p.m. for the following week. Partial termination is possible for individual Employees.
Premature termination by the Borrower requires payment of the remaining hours.
Immediate termination is permitted for good cause, e.g., payment default, insolvency, poor working conditions, or AGG violations.
Termination must be in text form. Notices to or from the Employee are invalid.
§ 11 Place of Performance; Jurisdiction; Applicable Law
Place of performance is the Lender’s office in Stuttgart. If the Borrower is a merchant under § 38 ZPO, Stuttgart courts have exclusive jurisdiction.
Only German law applies unless overridden by mandatory EU law.
If individual provisions of the ELA or GTC are invalid or incomplete, the remaining provisions remain valid. Gaps are to be filled in line with the original intent.
24.2021