workgreat personal gmbh

General Terms and Conditions.

The following General Terms and Conditions apply to temporary staffing by workgreat personal gmbh.

  1. Unless otherwise agreed in writing in individual cases, the following terms and conditions shall apply exclusively. Any deviating terms of the client are hereby objected to and excluded.
  2. The temporary assignment of personnel by workgreat personal gmbh and the employment of assigned personnel shall be carried out in compliance with the applicable legal regulations, in particular the Austrian Temporary Employment Act (AÜG) and the collective agreement for the temporary employment sector (workers m/f/d) or the collective agreement for employees m/f/d in crafts and trades, services, information and consulting.
  3. The client acknowledges that, pursuant to Section 6 (1) AÜG, it is deemed the employer within the meaning of occupational health and safety law. It is obliged to comply with the legal provisions applicable to assigned personnel, such as the Working Hours Act and the occupational health and safety regulations.
  4. The assignment and instruction of the work for which our employees are assigned shall be the responsibility of the client. The client shall also supervise the assigned employees and monitor their work.
  5. In the event of absence of the assigned employees for an important reason (e.g., illness, wedding, etc.), the lessor is not obliged to provide a replacement. Extraordinary circumstances entitle the lessor to postpone a given order or to withdraw from a given order in whole or in part. Claims for damages are excluded.
  6. The client is obliged to inform workgreat personal gmbh of the circumstances essential for the assignment before it begins, in particular the required qualification of the assigned worker and the essential working and employment conditions applicable in the client's business, especially those relating to working hours and vacation. The client must notify the lessor of the performance of heavy night work in accordance with the Heavy Night Work Act or the Heavy Work Ordinance.
  7. The lessor is only responsible for the proper selection of the employees it assigns. It is not liable for a specific result of the activity nor for damages in the client's business, as the assigned employees work under the direction and supervision of the client. The client shall indemnify the lessor against any claims that third parties may assert in connection with the execution and performance of the activities assigned to the employees. This exclusion of liability does not apply to damages for which the lessor is responsible due to negligence or which are caused intentionally. Our liability is completely excluded if the assigned employees are entrusted with the custody of money, securities or other valuables. Claims arising from damages incurred may not be offset against our invoices.
  8. The client must check the suitability of our employees after they start work. In the event of justified complaints, the client has the right, after consultation with our responsible office, to request the replacement of the employee. From the 2nd working day onwards, the client has fully accepted our order confirmations.
  9. If the duration of the assignment has not been agreed in writing in advance, the client is obliged, in the case of assigned workers, to notify the lessor in writing of the end of the assignment at least one week (on the last working day of the week) before the planned end of the assignment. If the client fails to comply with this obligation, it must pay the fee agreed for the assignment for a period of two weeks (workers) or four weeks (employees) after the end of the assignment.
  10. The agreed hourly rates are based on the legal and collective bargaining provisions and remuneration in effect at the time the contract is concluded. Should these change, we reserve the right to adjust the hourly rates accordingly.
  11. The lessor shall provide the assigned personnel only with work equipment and personal protective equipment that comply with legal regulations. The costs for equipment or work-related medical examinations that go beyond the legally prescribed work equipment shall be borne by the client.
  12. The client is obliged to confirm weekly or monthly (on the submitted time sheets) by signature the hours during which the assigned employees were available to it. If the time sheets cannot be presented for signature to an authorized representative of the client at the place of assignment, the lessor's employees are entitled to confirm them instead. Objections regarding hours certified by employees must be raised in writing to the lessor within eight days of invoicing and must be substantiated with evidence.
  13. Our invoices are prepared based on the confirmed time sheets, depending on the agreement, and are due for payment within 10 days of the invoice date without deduction. If other payment terms are agreed in the order confirmation, this point shall not apply.
  14. Assigned employees are not authorized to accept payments. In particular, the client may not grant them any wage advances or other remuneration advances. Such payments will not be recognized by us and may not be offset under any circumstances.
  15. To the extent that the client violates its obligations under the contract or the law, in particular by failing to provide safety equipment or to comply with safety regulations, failing to pay due invoices, or similar, it is liable to us for damages. Our right to terminate the contract without notice in such cases remains unaffected.
  16. In relations between merchants, the place of jurisdiction is agreed to be Linz. This expressly also applies to disputes in documentary, bill of exchange and check proceedings.
  17. Amendments to the contract require written form to be effective. There are no collateral agreements to this contract, and any such agreements require written confirmation to be effective.
  18. Should any provision of the contract or the General Terms and Conditions be or become invalid, this shall not affect the validity of the contract and the terms and conditions in other respects. In such a case, a provision shall be deemed agreed that comes closest to the expressed contractual intent in a permissible manner.