General Terms and Conditions

1	General terms and conditions

	These General Terms and Conditions are based on the principles of the Employment Services Act (Arbeitsvermittlungsgesetz (AVG)).

1.1	These General Terms and Conditions are an integral part of the temporary employment contract. They automatically come into force with every contract conclusion and apply for the duration of the employment of our temporary worker at the customer.

1.2	As soon as employment has been agreed, the employing company is given the temporary employment contract (Sect. 22 AVG) by AIDAS PERSONAL with all details relevant to the employment. This temporary employment contract must be signed and returned to AIDAS PERSONAL. Possible changes have to be made in writing and by drawing up a new contract.

1.3	The customer accepts that our General Terms and Conditions are legally binding.

2	Contractual relationships

2.1	The hourly rate, fees, place of employment and start and duration of the employment are agreed in advance by phone and are confirmed in writing with a temporary employment contract. These agreements only apply for the term of the agreed employment period in question.

2.2	The temporary workers employed by the employing company in question are bound to AIDAS PERSONAL through employment contracts. These contracts also stipulate the rights and obligations to the employing company. Temporary workers do not have any contractual ties to the companies employing them. All issues concerning the relationships between the employing companys and the employees are handled by AIDAS PERSONAL.

2.3	The temporary workers may only be asked to perform the duties specified in the job description. In the event that the employing company is forced to change the place of employment, the working hours or the type of agreed work during the employment period, it shall be obliged to immediately inform AIDAS PERSONAL thereof.

2.4	Moreover, the customer undertakes to provide all the equipment, materials and machines necessary for the work in question, as well as to take all measures to protect the life and health of the temporary worker and to adhere to the legal regulations applicable to the work in question. He / she must ensure that the temporary worker is aware of the safety regulations and complies with them.

2.5	The temporary workers shall adhere to the work schedule and the applicable regulations of the employing company in question. They shall only follow the instructions of the company employing them and shall be under its sole control and its responsibility. The temporary workers undertake to treat any information provided to them during their work for the company employing them with the strictest confidence and to perform the work to the best of their knowledge and belief.

2.6	In the event that the customer employs a candidate proposed by AIDAS PERSONAL, either directly, indirectly or via a third party, AIDAS PERSONAL will claim the fees pursuant to subsection 8.1.

2.7	In accordance with section 22, subsection 3 of the Swiss Employment Services Act (AVG), agreements are permissible whereby the hirer may claim compensation from the employer if the temporary worker has worked for the latter for less than three months and if the temporary worker is employed on a permanent basis by the employer less than three months after the expiry of the temporary employment contract.

3	Periods of notice

3.1	Fixed-term employment contracts (either for a particular period of time or maximum term) and permanent employment contracts may be terminated by either party, insofar as the following deadlines are adhered to. During the first 3 months: 2 working days From the 4th to the 6th month: 7 working days From the 7th month onwards: 1 month

3.2	AIDAS PERSONAL undertakes to comply with the same periods of notice as the temporary worker. The employing company is requested to inform AIDAS PERSONAL in good time if it intends to terminate the temporary employment contract.

3.3	From the start of the employment period, the employing company shall check whether or not the temporary workers provided by AIDAS PERSONAL meet the requirements and are capable of performing the duties assigned to them. If this is not the case, the employing company may terminate the temporary employment contract within 48 hours.

4	Liability

4.1	AIDAS PERSONAL shall not be liable for any damage caused by temporary workers to goods, installations, materials or machines belonging to the employing company or to third parties (material damages) and damages to persons of any kind.

4.2	AIDAS PERSONAL shall not be liable for the performance of the temporary workers on the employing company’s premises in terms of either quality or quantity.

4.3	In the case of any type of construction machinery or vehicle drivers, AIDAS PERSONAL rejects any liability in the case of an accident and for bodily harm, as well as for any damage to the materials belonging to the employing company, to its staff or to third parties.

4.4	It is incumbent upon the employing company to take out the necessary insurance to cover risks of this nature.

5	Reporting system

5.1	At the end of every week, as well as upon expiry of the contract, the temporary worker shall submit a report to the employing company specifying the number of hours worked. This report shall than be checked and confirmed with a company stamp or a signature of the responsible person. By signing the report, the employing company confirms the accuracy of the report in question. The report serves as a basis for compiling the weekly invoices.

6	Remuneration for the work

6.1	Only the details recognised by the employing company shall be invoiced. The agreed hourly rate is in any case exclusive of VAT.

6.2	The invoices of AIDAS PERSONAL are issued on a weekly basis and sent to the employing company in question. They are based on the agreed hourly rate multiplied by the number of hours worked plus VAT and are payable in full within 10 days. The temporary worker is expressly prohibited from accepting payments from the invoices issued by AIDAS PERSONAL and setting off any private debts he / she may owe to the customer against the said payments.

6.3	The temporary workers will be paid by AIDAS PERSONAL. AIDAS PERSONAL shall be liable for any administrative costs, social security contributions and social security benefits (incl. compensation for holidays and public holidays), as well as any further training and enforcement costs and costs associated with a flexible retirement age, in accordance with the collective employment contract applicable to this temporary employment period, which is generally binding pursuant to the employment contract between the temporary worker and the temporary employment agency. The temporary workers may therefore not assert any claims of this nature against the employing company in question.

7	Terms of payment

7.1	All invoices are payable within 10 days of the date of issue. In the event that this payment deadline is not adhered to, the outstanding gross amount shall increase by 1.25% per month for interest and costs. In the event that any unpaid invoices are not settled, AIDAS PERSONAL shall be entitled with immediate effect to stop performing its contractual services (among other things, it may withdraw all temporary workers).

8	Permanent employment

8.1	AIDAS PERSONAL will only be owed a professional fee if an employment agreement is concluded between an applicant put forward by AIDAS PERSONAL and the customer. The basis for the calculation of the fee shall be the agreed gross annual salary incl. the 13th month’s salary. For employees whose salary is made up of a fixed amount and a commission, the anticipated average gross annual salary incl. fees and all other remuneration components shall be used as the basis of calculation. The fee amounts to: 8% of the gross annual salary up to CHF 50,000 plus VAT 10% of the gross annual salary up to CHF 70,000 plus VAT 12% of the gross annual salary from CHF 70,000 plus VAT 14% of the gross annual salary from CHF 100,000 plus VAT The minimum fee is CHF 2,500 plus VAT

8.2	The fee is payable in full and strictly net within 10 days of the invoice date (the VAT is added to the amount).

8.3	In the event that a temporary worker put forward by AIDAS PERSONAL resigns during the trial period, we ask you to please inform us thereof immediately and to send us a copy of the written letter of resignation. In such an event, we grant our customers a price reduction as follows: in the first month 50%, in the second month 40% and in the third month 30% of our fee, provided that the resignation did not occur as a result of an inaccurate job description provided by our customer.

8.4	In the event that the customer employs a candidate proposed by AIDAS PERSONAL within twelve months, either directly, indirectly or via a third party, AIDAS PERSONAL will claim the fees pursuant to subsection 8.1.

8.5	The application dossier compiled by AIDAS PERSONAL remains the property of AIDAS PERSONAL, must be stored by the customer in a place that is inaccessible to third parties and must be returned to AIDAS PERSONAL after the application process. Any references and assessments about the applicant may only be requested by the customer with the written permission of the applicant.

9	Taking on temporary workers permanently

9.1	Try & Hire Our customer can hire the temporary worker after continuous employment (540 hours), that means after 3 months for free.

9.2	In the event that a temporary worker has worked for the employing company for less than 3 months and if the temporary worker is employed on a permanent basis by the employing company within less than 3 months of the expiry of the temporary employment contract, AIDAS PERSONAL may demand compensation. This corresponds to 20% of the amount which would be possible for a 3-month employment period. In such an event, 20% of the remuneration already paid is payable (Sect. 22 AVG).

10	Mandated search

10.1	Services Run advertisements by AIDAS PERSONAL in all the available media sectors Examination of all the incoming personnel dossiers Administration of person-interviews Obtaining for at least 2 reference information You as a customer may name the time-frame for the personnel recruiting

10.2	Avoidance The mandated search may be cancelled at any time with adequate costs. All expenses on our part have to be charged.

10.3	Fee The fee will be settled according to time input and depends on the negotiated annualy salary of the candidates. It is based upon the general terms and conditions (permanent employment). It is the customers decision, to employ the candidate by Try & Hire.

10.4	Guarantee items The guarantee items are based upon and follow the general terms and conditions (permanent employment).

11	Outplacement

11.1	Target audience Middle- upper cadre incl. all employees

11.2	Action Conversation with the employer Conversation with the concerned person Position-fixing Preparation of all the documents Transfer in the new job
11.3	Costs In a free discussion, we agree upon profit-related flat fee for a temporary limited or unlimited fullmandate. The costs for the outplacement depend on the hours required. Our hourly rate is Fr. 250.- (exclusive of VAT and expenses).

12	Place of jurisdiction

12.1	The place of jurisdiction shall be Frauenfeld (Canton Thurgau) and this contractual relationship shall be subject to Swiss law.
	Goldach, 01.01.2008