GDPR

General Terms and Conditions of AURUM Personal GmbH for the supply of labour

The Austrian Labour Leasing Act (AÜG), BGBL 196/1 988, as amended and the collective agreement for the supply of labour in force since 1 May 2002, as well as Austrian law and the following contractual terms and conditions, which are deemed to have been accepted and agreed upon when the order is placed. May 2002, as well as Austrian law and the following contractual terms and conditions, which are deemed to have been recognised and agreed when the order is placed. Any terms and conditions deviating from these shall only become legally effective if they are agreed in writing between the management of Aurum Personal GmbH, hereinafter also referred to as Aurum, as the transferor, and the employee. Any verbal or tacit amendment of the following conditions is excluded.

The Client acknowledges that it is considered an employer within the meaning of occupational health and safety law pursuant to S 6 para. 1 AÜG (German Temporary Employment Act). It is obliged to comply with the statutory provisions applicable to temporary workers, such as the Working Hours Act and the Employee/Internal Health and Safety Regulations. The client must take the instruction, training and hazard prevention measures (protective clothing etc.) required in particular under the Employee Protection Act and inform Aurum accordingly. In particular, the client is obliged to provide with written evidence of the necessary training and instruction of the workers provided and to provide all necessary information in the event of official proceedings at.

As the employer, the client assumes sole liability for unlawful employment of the labour provided by Aurum in its company or on its construction sites and expressly indemnifies Aurum against any liability or penalty imposed on Aurum as a result of unlawful employment by the employer.

Aurum shall not be liable for any damage and/or consequential damage caused by thepersonnel provided, as the workers provided are subject to the supervision of the client. As Aurum is obliged to pay expense allowances to for activities outside the client’s permanent, stationary operations, the client shall inform Aurum in good time prior to the conclusion of the contract of assignment whether the labour to be provided will also be used for such assignments. If the client fails to provide this informaHon to or if the places of deployment are not sufficiently known before the contract is concluded, the client expressly agrees to pay higher hourly rates than those agreed at in order to cover the necessary expense allowances.

The normal working hours of the staff provided by Aurum are 39.5 hours/week for employees and 38.5 hours/week for workers. In companies with collectively agreed or otherwise generally deviating working hours, the working hours applicable to the permanent staff in this area also apply to workers provided by Aurum.
Labour provided by Aurum is not entitled to collection under any circumstances.
If labour is used beyond an agreed end date, the terms of the order placed shall continue to apply. If the duration of the assignment has not been fixed in writing in advance, the client shall notify Aurum in writing of the end date of the assignment at least one week before the planned end of the assignment in the case of assigned workers or four weeks before the end of the assignment in the case of assigned employees. If the client fails to fulfil this obligation, it must pay the remuneration agreed for the assignment for a period of one week (blue-collar workers) or four weeks (white-collar workers) after the end of the assignment. (Based on normal working hours/week times the agreed normal hourly rate).

The employee is prohibited from poaching and hiring Aurum employees. In the event of a breach of this provision, the employee undertakes to pay the value of 170 hours of Aurum’s offer as reimbursement of expenses from the time of the takeover.

The services provided will be invoiced plus 20% VAT. If the tax liability is transferred to the procurer in accordance with S 19 para. la UStG 1994 (construction services), the client must inform Aurum of the transfer of the tax liability and provide Aurum with its VAT number, whereby the VAT will be charged. Invoices are generally issued every 14 days or immediately once the construction site has been completed, unless otherwise agreed in writing at. After the due date, interest on arrears shall be charged at the rate of 10% above the applicable base interest rate. The procurer is not entitled to make any deductions or set-offs or withhold payments

If the client defaults on payment, breaches employee protection regulations or otherwise acts in gross breach of contract or the law, Aurum is entitled to terminate the assignment contract without notice with immediate effect at (extraordinary termination) and to withdraw the employees assigned. For the calculation of overtime, the provisions agreed in writing at at the time of order confirmation shall apply.
The ineffectiveness of individual provisions of the agreement and its components- in particular these General Terms and Conditions – shall not affect the effectiveness of the remaining provisions. An ineffective provision shall be replaced by an effective one that comes closest to its meaning and purpose. The entire legal relationship between the client and Aurum is governed by Austrian law. All agreements deviating from these terms and conditions must be set out in writing

The place of jurisdiction is 9400 Wolfsberg