(as at: 19.04.2021)
General Terms and Conditions
1. the General Terms and Conditions of DPL shall apply exclusively to employee leasing contracts between DPL Professionals GmbH (hereinafter "DPL") and the respective employer. Additional agreements or agreements deviating from the General Terms and Conditions of DPL must be made in writing. The leased employees are not entitled to make any deviating agreements. Any general terms and conditions of the client to the contrary are not recognized.
2. to the extent necessary, DPL shall be free to replace our employees during the contract, provided that this does not violate the legitimate interests of the client. If our employees are absent for an important reason (e.g. illness, wedding, etc.), we are not obliged to provide a replacement. Extraordinary circumstances shall entitle DPL to postpone an order placed or to withdraw from an order in whole or in part. Compensation payments are excluded.
3. the client assures that it will only order or tolerate overtime insofar as this is permissible for its company in accordance with the Working Hours Act (ArbZG). Any necessary official authorization for overtime shall be obtained by the client. The client undertakes to inform the lender immediately of any exceptional reasons for overtime.
4. the client must comply with the accident prevention and occupational safety regulations applicable to the respective activity of the employee and the generally known safety and occupational health rules and must instruct the employees about the dangers arising during their activities and the measures to prevent them before employment. The client shall provide the employees with the necessary personal and specific protective equipment and, when carrying out orders that coincide in time and location with work of other companies, shall coordinate with them insofar as this is necessary to avoid mutual endangerment. The client shall be obliged to provide the employees with a possibly pending occupational health check-up free of charge and to inform the lender thereof. The client shall grant DPL the right of access to the respective place of employment of the employees so that DPL can ensure compliance with the accident prevention and occupational health and safety regulations. In the event of an accident at work, the client shall notify DPL immediately so that a joint accident investigation can take place.
5. the seconded employee may not be entrusted with the transportation, handling or collection of money or other means of payment without express written permission. DPL shall not be liable in such cases. Our employees are also not authorized to accept payments. In particular, the client may not grant our employees any advances on wages or other remuneration. Such payments to our employees will not be recognized by us and cannot be offset.
6. in view of the fact that the seconded employee performs his work under the direction and supervision of the client, DPL shall not be liable for any damage caused by the employee in the performance of his work. Furthermore, we are not liable for damage caused by our employees to objects on which and with which they work, nor for willful acts of our employees. This does not establish a contractual relationship between our employee and the client.
7 We are responsible for the proper selection of employees seconded by us for the contractually intended activity. Any further liability on the part of DPL is excluded. The lender is not obliged to check the certificates or other documents of the employee provided. The employee shall only be made available to the client for the purpose of carrying out the commissioned work and may therefore only use or operate the equipment, machines, tools, etc. that are necessary for carrying out this work.
8. the client must check our employees for their suitability within the first four hours of starting work. Later complaints are excluded. In the event of justified complaints, the hirer has the right to demand the replacement of the employee after consultation with our responsible branch. We are entitled to recall employees during the assignment without notice if they are to be replaced at the same time by other, equally suitable employees.
9. the client is obliged to confirm by signature each week those hours that our employees were available to him. If our employees are unable to present the evidence to an authorized representative of the client for signature, our employees are entitled to confirm the signature instead. If the client does not agree with the hours certified by our employees, the objection shall only be valid if it is made in writing within eight days and is verifiably justified.
10 Unless expressly agreed otherwise, the prices are exclusive of surcharges for overtime, night work, shift work, Sundays and public holidays plus statutory value added tax. DPL reserves the right to increase prices appropriately if, after conclusion of the contract, wage increases due to collective bargaining agreements occur or if circumstances beyond DPL's control lead to an increase in prices.
11 Invoices are issued on a weekly basis. Invoices are payable immediately upon receipt without deduction, as these are advance wage payments and social security contributions. Thereafter, we shall charge interest on arrears at standard bank debit interest rates. Offsetting on the part of the client is only possible in the case of undisputed or legally established counterclaims. Clearance certificates from authorities etc. can only be requested if this has been expressly agreed in the contract and then only within the framework of the existing legal possibilities or the practice of the exhibitors.
12 Unless otherwise agreed, a weekly working time of 40.0 hours applies. The regular working time per day is 8.0 hours. Working hours in excess of the regular working hours, as well as night, shift, Sunday and public holiday hours are calculated with the following surcharges:
- Mondays to Fridays:
25% for the first two hours of overtime
50% from the third hour of overtime
- Saturdays:
25% for the first two hours
50% for the remaining hours
- Sunday work 70 %
- Public holiday work normal 100
on the first day of January, the first day of Easter, the first day of May
first Whitsun and Christmas Day 150 %
- Night work (22.00 - 06.00) plus 25 %
- Late shift (14.00 - 22.00) plus 15 %.
If a basic rate has been agreed, this applies for the calculation of the surcharges.
13 The client is obliged to indicate his industry affiliation within the meaning of the industry collective agreements. DPL shall charge the corresponding industry surcharges on the hourly rate. The client is obliged to check whether a temporary worker to be deployed had an employment contract with the client or an affiliated company within the last 6 months before the start of the assignment by DPL and must inform DPL of this before the start of the assignment.
The client shall be liable for incorrect information in the context of determining the industry surcharge and any resulting subsequent claims for wages on the part of the leased employees.
14 Depending on the location, an appropriate allowance, travel allowance, travel time allowance or accommodation in accordance with the BMTV can be agreed.
15 DPL is entitled to adjust the billing rate at its reasonable discretion if there are changes in the cost situation that are not yet specifically foreseeable at the time the contract is concluded. Reasonable discretion presupposes that the adjustment only takes into account the new cost situation that has arisen as a result of an increase in wages in the iGZ-DGB collective agreement or as a result of legal changes, in particular in the Temporary Employment Act.
16 The contract is concluded for an indefinite period and may be terminated by either party by giving 5 working days' notice in writing or by telephone.
(17) If the client breaches the obligations incumbent upon it under the contract or by law, in particular if it fails to provide proper inspection reports, fails to ensure that safety equipment is provided and that safety regulations are complied with, fails to pay due invoices or similar, it shall be obliged to pay compensation. Our right to terminate the contract without notice in such cases remains unaffected by this.
(18) Should provisions of the contract or the General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions or parts of the remaining provisions.
19 A placement is irrefutably deemed to have taken place if the client or a company legally or economically affiliated with the client enters into an employment relationship with the temporary employee of the personnel service provider directly after the personnel service provider has established contact with the applicant, during the term of the temporary employment contract or within 6 months of its termination. The amount of the placement commission is 2.5 gross monthly salaries if the temporary employee is taken on directly without prior assignment. In the case of a takeover during the assignment, the agency commission amounts to 2 gross monthly salaries for a takeover within the first 6 months of the assignment, 1.5 gross monthly salaries for a takeover within 12 months, 1 gross monthly salary for a takeover within 18 months and 0.5 gross monthly salaries for a takeover within 24 months. No agency commission is payable for a takeover after 24 months.
20 The place of jurisdiction shall be Coesfeld, as far as legally permissible.
DPL is in possession of the license according to AÜG Art. 1 §1, granted by the LAA NRW
DPL Professionals GmbH
Gerichtsstraße 1, 46236 Bottrop / Phone 0 20 41/77 98 7-0 / Fax 0 20 41/77 98 7-11

