Terms & Conditions

General terms and conditions for personnel provision

Last updated 01.01.2023

These General terms and conditions apply to all personnel provision within the meaning of the Temporary Employment Act (AÜG) by Trenkwalder Personaldienste GmbH, with registered office at 1030 Vienna, Rennweg 97-99 Kern 8/6. OG, hereinafter referred to as “Trenkwalder”.

1. General information

1.1. Trenkwalder (= temporary employment agency) provides the client (= employer) with employees (= temporary workers) exclusively under recognition and application of these terms and conditions, subject to a positive credit rating from an independent rating agency and taking into account the applicable statutory regulations and collective agreements.

 1.2. The temporary employment agency is not liable for a specific result of the work performed by the temporary worker or for damage and/or consequential damage caused by the personnel provided to the client, as the temporary worker is subject to the client’s supervision. If the temporary worker carries out business trips for the client in their own car, the client assumes liability for any accidental damage to these cars, the other party involved in the accident and/or third parties and expressly releases the temporary worker from any liability. Before handing over vehicles or machines to the temporary worker, the client must check whether the temporary worker has the authorisation required to drive or operate such vehicles or machines at the time of commissioning.

1.3. The normal working hours of the temporary worker are generally 38.5 hours per week. In companies with different working hours, the working hours applicable to permanent staff also apply to temporary workers. For the calculation of overtime, the regulations applicable to the client’s permanent staff, the applicable collective agreement and the Working Hours Act apply.

1.4. If the recording of working hours and absences is carried out electronically using the time recording system provided by the temporary employment agency, the client undertakes to disclose the names and email addresses of those persons who are responsible for the electronic release of the timesheets.

1.5. If a client’s business is affected by a strike or lockout, the temporary employment agency must be informed of this immediately. In this case, pursuant to § 9 of the Temporary Employment Act (AÜG), there is an immediate ban on employment of the temporary workers for the duration of the strike or lockout. The lost hours will be counted as working hours.

2. Information obligations

2.1. The client undertakes to provide the temporary employment agency with all information pursuant to § 12a Temporary Employment Act (AÜG) in writing before the start of the assignment and in the event of a change in the activity.

2.2. The client shall inform the temporary employment agency in good time before the start of the assignment whether the temporary worker will also be used for assignments outside the client’s permanent, fixed business premises. If the client fails to provide this information or if the locations of deployment are not sufficiently known prior to the conclusion of the contract, the client will be charged for all related expenses plus a 15% processing fee.

2.3. If the qualification of the respective temporary worker provided is not objected to in writing by the client to the temporary employment agency within the first three days of the assignment, the qualification of the worker provided shall be deemed to correspond to the required qualification. In the event that the temporary employment agency is liable to pay damages to the client due to improper performance of the contract, the liability of the temporary employment agency towards the client is limited to €4,000.

2.4. If penalties are imposed on the temporary employment agency due to incorrect or incomplete information provided by the client, if additional payment demands are made and/or if security is requested from the authorities, the client shall be fully liable for these penalties, additional demands and for all disadvantages resulting for the temporary employment agency. The client shall be liable for the difference in remuneration to be paid to the worker in the event of additional claims for remuneration by charging the difference to the agreed hourly rate to the same extent (as a percentage).

3. Obligations of the client

3.1. The client acknowledges that it is considered an employer within the meaning of occupational health and safety law pursuant to § 6 para. 1 of the Temporary Employment Act (AÜG). The client must take all legally required training, information and hazard prevention measures. The client is obliged to keep written evidence of the necessary training and instruction of the temporary workers and to make it available to the temporary employment agency or, in the event of an official procedure, to provide all necessary information.

3.2. In the event that the client requests health examinations or any tests for illnesses of the temporary workers before or during the assignment, or if such tests are required by mandatory standards, the client shall bear the full costs thereof.

3.3. The client assumes sole liability for any unlawful employment of the temporary workers and shall indemnify and release the temporary employment agency in this respect with regard to any liability or penalties.

4. Absences

4.1. Absences of a temporary worker due to accidents at work that occur during the supervision or exercise of the client’s right of direction or that are due to the client’s violation of employee protection regulations will be charged as working time. Other absences due to absence from work of the temporary worker shall be borne by the temporary employment agency.

4.2. In the event of periods of non-performance (e.g. holiday, sick leave or unexcused absence), the client undertakes to inform the temporary employment agency immediately of the circumstance, failing which the temporary employment agency’s claim to remuneration from the client will remain valid even for these periods of absence.

5. Assignment fee and payment conditions

5.1. If collective wage increases or other statutory or collective cost increases (including biennial increases, advancements) come into force during the term of the assignment, the temporary employment agency is entitled to increase the agreed hourly rate by the same amount (as a percentage) from the time of entry into force.

5.2. The agreed prices are – in addition to any increase in the agreed hourly rate according to the previous paragraph – value-protected. The value protection is based on the 2020 consumer price index (CPI 2020) published monthly by the Austrian Federal Statistics Office or on an index replacing it. The starting point for the value protection is initially the index number calculated for the month in which the contract is concluded and subsequently the index number announced for the month of October.

The agreed price will be adjusted for the first time in January of the year following the year in which the contract was concluded (unless the contract was concluded between October and December of the previous year). Subsequently, the adjustment will take place in January of each calendar year. The index number used for such an adjustment then forms the starting point for subsequent adjustments. The agreed price shall increase to the extent that the index figure published for the month of October of the previous year has increased compared to that of the last starting basis.

Value adjustments shall take effect in January of each calendar year without the need for a declaration to this effect by the temporary employment agency. The temporary employment agency is entitled to claim the amounts resulting from the index change retroactively within the limitation period. Failure to invoice/collect shall not constitute a waiver.

5.3. The client must inform the temporary employment agency of its VAT number at the start of the contract. The services provided will be invoiced plus 20% VAT. If the tax liability is transferred to the client in accordance with § 19 para. 1a Value Added Tax Act (UStG) 1994 (construction services), the client must inform the temporary employment agency of the transfer of the tax liability, as a result of which the settlement is made without VAT. The client undertakes to notify the temporary employment agency immediately in writing of any changes to its company name, business address, VAT number, the cessation of the conditions for the transfer of tax liability within the meaning of the Value Added Tax Act (UStG) or other information relevant to the temporary employment agency, otherwise it shall be liable for any (financial) disadvantages incurred by the temporary employment agency due to the lack of information. Invoicing is generally carried out every 14 days, unless otherwise agreed in writing. Invoicing is done electronically. The client undertakes to provide its email address, which is to be used for this purpose.

5.4. The payment term is agreed to be 8 days net from the date of invoicing. The invoice amount must be available in the temporary employment agency’s account when due. In case of late payment, the statutory interest rate of 9.2% plus the applicable base interest rate will be charged. As compensation for the collection costs, the client will be charged reminder fees of €40 per reminder run. The temporary worker is not entitled to collect payments under any circumstances. The temporary employment agency expressly declares that all claims arising from the contractual relationship with the client will be transferred to Intermarket Bank AG, Am Belvedere 1, 1100 Vienna, within the framework of a factoring contract and that payments can only be made to Intermarket Bank AG as the payment recipient with a debt-discharging effect. The client is not entitled to offset its own claims against the invoice amount or to withhold payments due for any reason whatsoever. 

6. Takeover provisions

6.1. If the temporary worker is taken on as an employee or employee-like person in a contractual relationship by the client directly or in the client’s company through a company that operates in the same business area as the temporary employment agency (personnel provision/temporary worker leasing) during the specified minimum period of deployment of 18 full calendar months, the client will be invoiced an appropriate reimbursement of expenses for the costs incurred, depending on the duration of the temporary employment that has already elapsed.

6.2. If the temporary worker is taken on by the client as an employee or employee-like person in a contractual relationship, the client will be charged a flat rate of € 200.00 plus VAT for the additional costs incurred in the final settlement. This also applies in the event that the client enters into a (free) service contract with a candidate named by the temporary employment agency within 18 months of the name being first announced or employs the candidate in its company through a company in the same business area as the temporary employment agency.

The reimbursement of expenses will be charged as a personnel consulting fee for the recruitment costs incurred and amounts to 30% of the gross annual salary on a full-time basis (in the case of part-time employment, this must be extrapolated to full-time) of the employee taken on. The actual amount is determined based on the ratio of the period of deployment already completed by the temporary worker to the total minimum period of deployment.

The gross annual salary is made up of the gross annual salary (fixed salary) promised to the worker placed by the temporary employment agency or agreed with him, plus flat-rate overtime payments and pro rata special payments as well as the average of any commissions, bonuses and allowances in the first year of service. The fee is commercially rounded to the nearest ten. The minimum fee is € 2,000. Telephone and postal expenses are included in the fee.

7. Termination of the assignment

7.1. If the temporary worker is used beyond an agreed end date, the terms of the contract continue to apply.

7.2. The intended termination of the assignment by the client (restitution) must be made in writing. The agreed restitution period is based on the individual notice period of the temporary worker in accordance with the applicable collective agreement (collective agreement for the labour leasing industry or framework collective agreement for employees in trade and crafts and in the service sector) plus one week’s notice period of the works council pursuant to § 105 Labour Constitution Act (ArbVG).

If the client violates this obligation, it must pay the agreed fee for the assignment for the duration of the applicable restitution period (based on normal working hours/week times the agreed normal hourly rate).

7.3. Furthermore, the client undertakes to bear all costs in connection with so-called “mass dismissals” which trigger the early warning system at the Public Employment Service Austria (AMS) pursuant to § 45a Labour Market Promotion Act (AMFG). This means that the client pays the agreed fee for the assignment to the temporary employment agency both for the duration of the blocking period pursuant to § 45a para. 2 Labour Market Promotion Act (AMFG), as well as for the subsequent statutory or collective agreement-based notice period.

7.4. Unless otherwise agreed in the written order confirmation, the temporary employment agency is entitled to declare the temporary employment agreement terminated with immediate effect (ordinary termination). In the event of ordinary termination, the client is not required to pay any fee for the assignment for the last 3 days before termination of the contract.

7.5. If the client defaults on payment, if insolvency or bankruptcy proceedings are initiated against it, if it violates employee protection regulations or otherwise acts in gross violation of the contract or the law, the temporary employment agency is entitled to terminate the temporary employment contract with immediate effect without observing a period of notice (extraordinary termination) and to withdraw the temporary workers.

8. Final provisions

8.1. The client expressly agrees to the sending of offers and information by electronic means or to being contacted by telephone by the contractor.

8.2. The invalidity of individual provisions of the agreement and its components, in particular these General terms and conditions, does not affect the validity of the remaining provisions.

8.3. These terms and conditions apply unless otherwise agreed, whereby all agreements deviating from these terms and conditions must be recorded in writing. This also applies to the waiver of the written form.

8.4. The place of jurisdiction is Vienna.