Allgemeine Geschäftsbedingungen

Contractual conditions between the Job&Personal platform and the company looking for personnel

 

Preamble

 

The company/employment platform "Job & Personal" – hereinafter referred to as the platform – serves the registration of potential applicants as well as companies looking for personnel with the purpose of placing full-time, part-time as well as holiday and working student jobs.

 

§ 1 Subject matter of the contract

 

The subject of this agreement is the release of the applicant data as well as the contact details of the responsible contact persons of the personnel seeking companies/clients within the application and recruitment process:

1) With the mutual disclosure of the contact details of both the applicant and the contact persons in the respective company, the confirmation of the commission claim to the platform and the corresponding obligation to maintain confidentiality of information and documents exchanged within the framework of the joint cooperation is automatically confirmed.

2) After releasing the applicant's contact details, the hiring company will conduct a personal interview in an online meeting or in presence if necessary in order to gain knowledge of the applicant's professional and linguistic competence.

3) The company undertakes to obtain or comply with all employer-related and official requirements and approvals that are absolutely necessary for the applicant to take up work.

4) The company undertakes to support the applicant in finding accommodation if necessary. Alternatively, this task can be delegated to third parties, in particular sister companies of the "Job and Personnel" platform. The costs incurred shall be borne by the company and/or the applicant".

 

§ 2 Release of applicant data and company data

 

After registration of the personnel-seeking company/client, the platform undertakes to release the company's data on the platform, in the first step in anonymized form.

The full release of the contact details of the company seeking personnel and the responsible contact persons is made at the request of the applicant after individual approval by the company seeking personnel.

 

The applicant's complete contact details will be released upon request by the company seeking personnel after individual approval by the applicant.

 

§ 3 Obligation to pay commission

 

The transmission of the applicant's personal contact details to the company, alternatively the contact details of the contact persons in the company to the applicant, directly gives rise to the platform's commission claim in the event that a valid employment contract is concluded between the aforementioned parties. The company undertakes to inform the platform within 14 calendar days of the conclusion of an employment, temporary employment or training contract that a legally valid employment or training contract has been concluded.

At the same time, the platform must be informed of the amount of the agreed monthly gross remuneration.

 

§ 4 Amount of commission payment

 

In the event that an effective employment relationship between the employer and the applicant has been established as a result of the release of personal data by the Platform, the Employer undertakes to pay an expense allowance to the Platform in the following amount:

• Permanent employment or apprenticeship contract: 2 gross salaries

• Temporary contracts with a term of less than 6 months: 0.3 gross salaries

• Fixed-term contracts with a term of 6 months up to and including 12 months: 0.7 months' salary

• Fixed-term contracts with terms of more than 12 months are treated in the same way as permanent employment contracts

 

All of the above-mentioned remunerations are exclusive of statutory value added tax.

If there is a reasonable suspicion that the company is intentionally withholding information for the conclusion of employment, temporary or training contracts or transmitting incorrect data to the platform, the platform may temporarily or permanently exclude the respective company from using the platform.

 

§ 5 Secrecy/Confidentiality

 

The platform undertakes to maintain absolute confidentiality of the personal applicant data transmitted as well as the personal data of the contact persons in the respective company.

The personnel-seeking company/client undertakes to maintain the absolute confidentiality of the personal applicant data transmitted. He assures under oath that he will not pass them on to third parties and will use them exclusively for job placement between the applicant and the company.

 

§ 6 Contractual Penalty

 

The parties mutually undertake to pay an appropriate contractual penalty to the injured party for any culpable breach of this agreement, waiving the plea of continuation. The amount of the contractual penalty is five times the monthly remuneration of the established employment or training relationship.

Further claims of the injured party remain unaffected by this.

 

§ 7 Duration of the Agreement and Post-Contractual Commitment

 

This agreement shall enter into force upon signature by the parties and shall end at the earliest upon termination of the cooperation. The confidentiality obligations contained therein shall remain in force after the termination of the cooperation between the contracting parties.

 

§ 8 Data protection and information security

 

(1) The two parties shall comply with all relevant laws and regulations on the protection of personal data when providing the contractually owed services.

(2) The two parties to the contract have taken all appropriate organisational and technical measures in accordance with the state of the art to ensure the availability, integrity, authenticity and confidentiality of their information systems, components and processes used in the course of the provision of services and of all data provided or otherwise made accessible by the employer.

These requirements also apply to communication and cooperation with the other contractual partner. When using systems that are not subject to its access, the Platform must impose corresponding obligations on its contractual partners and regularly monitor their compliance. The contracting parties are also obliged to regularly back up their data to the extent necessary.

 

(3) Both parties to the contract are entitled to check compliance with the requirements of paragraphs 1 and 2 at any time after prior written notice of at least 5 working days and, if necessary, to request appropriate evidence. If one of the two contracting parties has a concrete suspicion of a violation of the requirements under paragraphs 1 and 2, the review does not require notice. As part of the review, the two contracting parties must grant the other contracting party access to its business facilities, business documents and IT facilities relevant to the audit during its normal business hours.

 

§9 Other Agreements

 

(1) The place of performance is Leipzig. The exclusive place of jurisdiction is Leipzig, provided that each party is a merchant or a legal entity under public law.

(2) Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The contracting parties will endeavour to find a provision that best meets the legal and economic objective of the contract instead of the invalid provision.

Download commitment to company confidentiality

 

 

Obligation to confidentiality of the personnel-seeking company/client

 

The regulations of the General Data Protection Regulation (GDPR) require that personal data be processed in such a way as to ensure the confidentiality rights of the data subjects and the integrity of their data.

Therefore, the personnel-seeking company/client undertakes to process personal data exclusively to the extent and in the manner necessary to perform the tasks assigned to you. You hereby undertake to treat personal data confidentially and to process it exclusively within the framework of the contractual agreements - the recruitment of personnel. According to these regulations, it is prohibited to process personal data without authorization or unlawfully or to intentionally or unintentionally violate the security of the processing in a way that leads to the destruction, loss, alteration, unauthorized disclosure or access.

Violations of data protection regulations may be punished with a fine, fine or imprisonment. The company / client seeking personnel hereby undertakes to refrain from any inadmissible processing of personal data and to be liable for any claims for damages arising from an impermissible processing of the transferred personal data.

The personnel-seeking company/client undertakes not to disclose any transmitted data to third parties.

In addition, the company undertakes to maintain the secrecy of telecommunications in accordance with § 3 TDDDG, § 206 StGB.

The confidentiality continues even after the termination of the contractual relationship. The obliged entity declares to comply with the requirements of the applicable data protection legislation with regard to the confidentiality and integrity of personal data.

Download contract terms for companies

 

 

Applicants' declaration of consent and commitment

 

Consent or declaration of consent under data protection law to the use of personal data that goes beyond the legal requirements of the General Data Protection Regulation (GDPR) applicable in the Federal Republic of Germany and the Federal Data Protection Act (BDSG):

I declare my consent that the aforementioned personal data about me in particular will be processed and passed on in the context of the activities of the placement platform "Job & Personal".

All of the aforementioned data may be passed on to relevant companies for the purpose of job placement. The placement platform "Job & Personal" assures that the respective companies have signed a corresponding confidentiality agreement and have thus assured the placement platform "Job & Personal" that the respective companies have signed a corresponding non-disclosure agreement and have thus assured the placement platform "Job & Personal", not to pass on the personal data to other third parties.

The personal data is passed on exclusively for the purpose of arranging the job search specified in the applicant profile and is done voluntarily by the applicant.

I have been informed that I can inspect my application file at any time. I declare that I give this consent voluntarily. I am aware that I can revoke my consent at any time with effect for the future. In the event of revocation, the relevant data protection provisions apply.

In addition, I undertake to provide all necessary data - such as e.g. to pass on passport data to the company for the purpose of obtaining official permits, as well as to comply with all the requirements that I myself have to meet in order to obtain the work and residence permit.

Furthermore, I declare that I will also not pass on the contact details of the contact persons in the respective companies that have become known to me through the placement platform "Job & Personal" to third parties without the consent of the placement platform "Job & Personal".

In the event of a violation, the placement platform "Job & Personal" is entitled to temporarily or permanently deactivate or delete my profile on the platform.

Download declaration of commitment for applicants