General Terms and Conditions of Alpha-Engineering KG

1. General – Scope

The terms and conditions apply to all current and future business relationships between Alpha-Engineering KG and the temporary staff hirers. Differing, conflicting or supplementary general terms and conditions will not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.  

2. Subject of the contract

2.1 Alpha-Engineering – temporary workers are available to the hirer at the agreed location in accordance with the Temporary Employment Act, the provisions set out in the temporary employment contract and the following general terms and conditions. Alpha-Engineering KG always remains the direct employer.

2.2 The temporary workers are selected according to the professional requirements profile described by the hirer, and they must be deployed accordingly. During their assignment with the hirer, the temporary workers are subject to the hirer’s work instructions and work under their supervision and guidance. No contractual relationships arise between the temporary workers and the hirer. If a temporary worker changes their place of work on the hirer’s instructions, Alpha-Engineering KG must be informed in advance.

3. Occupational safety

3.1 The hirer undertakes to provide Alpha-Engineering KG with first aid facilities and measures at the intended place of work free of charge. The hirer is also obliged to instruct these temporary workers on the accident prevention regulations applicable to their company and the respective workplace before they start work, to inform them of the specific dangers of the workplace and to instruct them comprehensively on the measures to prevent them (Section 11 (6), Section 12 AÜG, Section 5 Paragraph 2 ArbSchG) and to provide them with the safety equipment or protective clothing required for the performance of the respective activity. The hirer is liable to Alpha-Engineering KG in cases in which its temporary workers cannot start or continue their work due to a lack of or missing safety facilities, equipment or protective clothing. The hirer is liable for compliance with the general accident prevention regulations.

3.2 In the event of any accidents at work, the borrower is obliged to notify Alpha-Engineering KG immediately and to enable the representatives of the company in question to analyse the accident.

4. Termination

4.1 Unless otherwise agreed, the contract can be terminated by either party with a notice period of two weeks to the end of the calendar month. The notice of termination must be given to an authorized representative of Alpha-Engineering KG. The temporary worker must be informed no later than the penultimate working day.

4.2 The following in particular entitle the Contractor to extraordinary termination of the Temporary Employment Agreement:

• the significant deterioration of the borrower’s financial situation and default in payment by the borrower
• non-compliance with accident prevention regulations by the borrower
• cases in which work performance in the hiring company has become impossible due to lockouts, strikes and force majeure. Temporary workers are considered suitable if they are not reported back within the first working day.

5. Liability

Alpha-Engineering KG is only liable to the hirer if the required care was not taken when selecting the temporary workers for the agreed work. It is also not liable for theft in the workplace and objects entrusted to the employee, private debts and overnight costs of your temporary workers.

6. Activity records and invoices

6.1 The working hours performed by our employees must be confirmed monthly on the activity records with the stamp and signature of the hirer. The last copy of the activity record is intended for the hirer’s records. Electronically transmitted activity records from time recording systems are valid without a stamp and signature and must be sent to the hirer no later than the 3rd working day of the following month. The activity records serve as a binding basis for invoicing.

6.2 Our prices are always net, in EURO, plus the applicable statutory VAT. Payment deadlines are shown on the invoices. If the payment deadline is exceeded, we charge reminder fees and interest on arrears.

We also reserve the right to correct any calculation errors in the activity records and to issue the invoice accordingly.

7. Overtime/Surcharges

We charge surcharges in the following amounts:

7.1 Overtime is all working hours beyond the agreed weekly working hours and is charged to the hirer plus a 25% overtime surcharge. From the 41st working hour per week 25%, from the 51st working hour per week 50%. If the worker is employed on a daily basis, overtime is calculated daily, from the 9th working hour with a 25% surcharge.

7.2 All hours worked by our employees between 11:00 p.m. and 6:00 a.m. are considered night work. These are charged with a 25% night shift surcharge. Work on Sundays and public holidays is charged with a 50% Sunday surcharge or a 100% public holiday surcharge. Work on May 1st, Easter Sunday, December 24th from 2:00 p.m., Christmas Day, December 31st from 2:00 p.m. and New Year’s Day is charged with a 150% surcharge.

7.3 When assigning employees to a hiring company subject to an industry surcharge, we will also invoice you for the applicable industry surcharge on the agreed hourly rate multiplied by a factor of 2.0, unless a separate factor is agreed in writing.

7.4 If several of the above-mentioned surcharges apply together (excluding industry surcharges and overtime), only the highest surcharge will be invoiced.

8. Brokerage commission

8.1 If the temporary worker is taken on from the temporary employment agency by the hirer or a company affiliated with it in accordance with Section 18 AktG, Alpha-Engineering KG is entitled to a placement commission. The amount of the commission is staggered according to the gross annual salary that the employee will receive after the takeover, as follows:

• If taken over within the first year of the assignment: 35% of the future gross annual salary;
• If taken over within the second year of the assignment: 25% of the future gross annual salary.

8.2 If there is no direct temporal connection between the employee’s employment relationship with the borrower and the previous assignment, Alpha-Engineering KG is nevertheless entitled to demand a placement fee if the employment relationship is attributable to the assignment. It is presumed that the employment relationship is attributable to the previous assignment if the employment relationship between the borrower and the employee is established within six months of the last assignment. Sentence 1 and sentence 2 also apply if the employee’s employment relationship is established with a company affiliated with the borrower in accordance with Section 18 AktG. The borrower is free to provide evidence to the contrary and thereby release itself from its payment obligation.

9. Alpha Engineering temporary workers

Temporary workers of this company are not authorized to carry out legally binding actions or to accept or make statements for the company. In addition, their temporary workers are not allowed to accept payments from the borrower. Our temporary workers are paid exclusively by Alpha-Engineering KG.

10. Final provisions

10.1 The law of the Federal Republic of Germany applies.

10.2 The place of performance and jurisdiction for all legal disputes with merchants, legal entities under public law or special funds under public law arising from this contractual relationship as well as its creation and effectiveness is Nuremberg. The same applies if the contractual partner does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is not known at the time the action is brought.

10.3 The validity of these General Terms and Conditions shall not be affected by the invalidity of one or part of a provision.

Nuremberg, May 2023