Conditions
General Terms and Conditions (GTC) of EPA GmBH
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​ 1. Validity
​ 1.1. These General Terms and Conditions apply to all legal transactions between EPA GmbH and employees, in particular to all future follow-up and additional orders. The General Terms and Conditions and other provisions of the contract shall continue to apply even if EPA GmbH makes workers available beyond the originally agreed or planned leasing period or if workers are requested orally.
1.2. EPA GmbH declares that it only wants to enter into a contract on the basis of these General Terms and Conditions. Any contractual conditions of the employer are hereby expressly rejected. If, as an exception, the validity of other contractual conditions is expressly agreed in writing, their provisions shall only apply insofar as they do not contradict the provisions of these General Terms and Conditions. Provisions in the General Terms and Conditions that do not contradict each other remain in effect.
1.3. Provisions made in framework or individual agreements take precedence over these GTC insofar as they conflict with the provisions of these GTC; Otherwise, these General Terms and Conditions supplement the framework or individual agreements.
1.4. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive. Changes and additions to these GTC and to the individual contract must be made in writing to be legally effective. Declarations by fax comply with the written form requirement, but not notifications by email. This written requirement can only be waived in writing.
1.5. Leased workers are not entitled to submit declarations of intent or to collect payments.
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2. Contract Formation and Termination
2.1. Offers from EPA GmbH are non-binding. The contract is concluded either by the signing of the offer or the order confirmation by the employer. If these contractual documents are not signed by the employer, the contract comes into effect when the temporary workers start their work or are deployed by the employer after the offer or an order confirmation has been sent.
​ 2.2. The transfer agreement can be terminated in writing by either party subject to a notice period of 14 days.
3. Object of performance:
3.1. EPA GmbH declares that it has valid authorization to practice the business of hiring out workers.
3.2. The subject of the service is the provision of manpower. The EPA GmbH owes neither the provision of specific services nor a success.
3.3. EPA GmbH is entitled to replace employees who are named in the contract documents or who have been hired out at any time with other persons of equal value.
4. Fee
4.1. The amount of the fee results from the signed contract documents or from the order confirmation of EPA GmbH. If workers are requested without a prior offer from EPA GmbH, EPA GmbH can demand an appropriate fee.
4.2. If, after the conclusion of the contract, the remuneration basis for the temporary workers changes due to legal or collective agreement adjustments, EPA GmbH is entitled to adjust the agreed fee by the same percentage as the salary increase. Any one-off payments to be granted to temporary workers can be claimed by EPA GmbH from the employer. If workers are employed beyond an agreed or expected end date, the fee agreement made shall also apply thereafter.
4.3. The fee is to be paid plus statutory sales tax at the applicable statutory rate without any deductions and free of charges. EPA GmbH is entitled to weekly billing.
4.4. The invoice is due upon receipt. If the invoice is not objected to in writing within ten days of receipt, the hours charged and the amount of the fee are deemed to have been approved and recognized.
4.5. In the event of a delay in payment, the statutory interest on arrears will be charged in accordance with § 352 UGB.
4.6. The Employer is not entitled to offset claims against EPA GmbH against the fee for the assignment, unless the Employer's claims have been determined by a court or acknowledged in writing by EPA GmbH.
4.7. The basis for billing is the time sheets to be signed by the employee or his assistants on site at least once a week or the evaluations from the electronic time recording systems of the employee. If the timesheets are not signed by the employee or his or her assistants, EPA GmbH is entitled, but not obliged, to have the timesheets signed by the customer's customer if the assignment is for a customer of the employer. With the signing of the time sheets by the employer, his assistants or the customer of the employer, the hours worked are legally binding. If the timesheets are not signed by the employer, the agency's records form the basis for billing. The employer bears the burden of proving that the hours stated in these records were not actually worked.
4.8. If the temporary workers are not used for reasons for which EPA GmbH is not responsible, the employer remains obliged to pay the full salary. This also applies if the employer does not use the temporary workers - for whatever reason - to perform work.
5. Employer's Rights and Obligations
5.1. The employer is obliged to observe and comply with all legal provisions such as AÃœG, ASchG, GlBG and AZG.
5.2. The employee of EPA GmbH has the essential information for the transfer communicated before it begins. This includes, in particular, the start, expected duration and location of the work assignment, the qualification of the workers provided, the associated collective agreement classification in the collective agreement to be applied in the employing company for comparable employees for comparable activities, as well as the essential working and employment conditions applicable in the employing company, which are binding provisions of a general nature relating to the aspects of working time and holidays. In the case of Section 10 (1) last sentence AÃœG, this also applies to binding provisions of a general nature relating to remuneration. If the wage level is regulated in works agreements or written agreements with the employer's works council, the employer must inform EPA GmbH of this in writing before the contract is concluded. This also applies to piecework or bonus work.
5.3. Before the start of the assignment, the employer must inform EPA GmbH about the performance of heavy night work within the meaning of Article VII. of the NSchG and of heavy work within the meaning of §§ 1 to 3 Heavy Labor Ordinance.
5.4. The leased workers work according to the instructions and under the direction and supervision of the employer. During the period of leasing, the employee is also responsible for the employer's duty of care.
5.5. This will train and instruct the workers in the handling of the devices and machines, as well as take the necessary instruction, education and hazard prevention measures. Written evidence of necessary training or instruction must be presented to the agency upon request. The Employer will only provide the assigned workers with work equipment and occupational safety equipment that complies with the statutory provisions. The employer shall bear the costs of any statutory or operational medical examinations.
5.6. The employer will only use the workers provided in accordance with the contractually agreed qualifications and for the agreed assignment. He will not give the leased workers any instructions on activities for which they are not leased.
5.7. Should the employer take further training measures that could lead to a higher qualification of the temporary workers, or should circumstances that the employer has informed EPA GmbH change, the employer will inform EPA GmbH of this immediately. If the employer fails to make such an agreement, he must compensate EPA GmbH for any resulting disadvantages. If further training results in a different classification in the employee's collective agreement, EPA GmbH is entitled to increase the fee by the same percentage as the remuneration for the temporary worker is to be adjusted from the time of the higher qualification.
5.8. During the leasing period, the employer must grant the leased workers access to the welfare facilities and measures in the company under the same conditions as his own workers and inform them about vacancies in the company through general announcements.
5.9. In particular, the employer must observe the equal treatment regulations and prohibitions on discrimination when selecting workers, during the period of leasing and at the end of the leasing.
5.10. If the employer fails to meet a legal or contractual (information) obligation, he must compensate EPA GmbH for any resulting damage.
5.11. The employer must inform EPA GmbH in writing of the end of each lease no later than 14 days before the end of the lease, provided the lease lasts more than three months and the end of the lease is not due to objectively unforeseeable events.
5.12. The employer acknowledges that after the end of the fourth year of leasing, he is an employer within the meaning of the Company Pensions Act for the further duration of the leasing and must therefore include the leased workers in any existing company pension regulations.
6. Rights and Obligations of EPA GmbH
6.1. EPA GmbH is entitled to enter the place of work and obtain the necessary information to check compliance with the employee's obligations.
6.2. If a worker does not appear at the agreed place of work or workplace for whatever reason, the employer must inform EPA GmbH of this immediately. In such cases, EPA GmbH will provide a replacement worker as quickly as possible.
6.3. EPA GmbH is obliged to inform the employer in writing when the trade license expires.
7. Early termination of the contract
7.1. The contractual partners are entitled to terminate the contract prematurely without observing deadlines or dates if there is an important reason. An important reason exists in particular if a) the employee is more than seven days in arrears with a payment to which he is obligated to EPA GmbH, despite a reminder; b) one of the contracting parties continues to violate essential statutory or contractual provisions despite a written request to the other party to cease doing so; c) the employer does not comply with the employee protection or care obligations towards the leased workers despite being asked to do so; or d) EPA GmbH cannot provide a suitable replacement worker due to force majeure, illness or accident of one or more employees.
7.2. Furthermore, if there is an important reason, EPA GmbH is released from any obligation to perform and is entitled to recall the temporary workers immediately. If the employer is responsible for this, he must compensate EPA GmbH for the resulting damage, such as paying the fee up to the originally intended or agreed end of the lease.
7.3. If the contract is terminated prematurely for reasons that lie within the sphere of the employer or if the workers are terminated for an important reason as defined in point 7.1. recalled by EPA GmbH, the employer cannot assert any claims against EPA GmbH.
8. Warranty
8.1. EPA GmbH guarantees that the workers made available have the qualifications expressly agreed in the contract; a special qualification of the workforce is only owed if such is expressly stated in the contract documents and has been confirmed in writing by EPA GmbH, otherwise an average qualification is deemed to have been agreed.
8.2. Immediately after the start of the leasing, the employer is obliged to check the leased workers with regard to professional and personal qualifications. If a hired worker does not correspond to the agreed qualification, any defects must be reported to EPA GmbH immediately, specifying them in detail; otherwise, claims for warranty and compensation are excluded.
8.3. If there is a defect for which EPA GmbH is responsible and the employer demands improvement in good time, this will be provided by providing a replacement worker within a reasonable period of time.
8.4. The employer must also provide evidence of any defects within the first six months from the start of the assignment.
8.5. Warranty claims and claims for damages by the employer must be asserted in court within 6 months, otherwise they will be lost.
9. Liability
9.1. EPA GmbH accepts no liability for any damage caused by hired workers. EPA GmbH is not liable for loss, theft or damage to tools, drawings, samples and other items provided.
9.2. Before the commissioning of vehicles or equipment for which a permit or authorization is required, the employer must check that the leased workers have the relevant authorizations. If the employer fails to carry out this check, claims against EPA GmbH are excluded.
9.3. EPA GmbH is not liable for damage caused by force majeure, non-appearance at work, illness or accident of the temporary worker. EPA Gmbh is not liable for consequential and financial losses, damage caused by temporary workers, loss of production and for penalties that the employer has to bear.
9.4. In any case, EPA GmbH's liability is limited to gross negligence and intent.
10. General
10.1. The District Court of Linz Urfahr is responsible for disputes between EPA GmbH and the employer. EPA GmbH is also entitled to sue at the general place of jurisdiction of the employer.
10.2. The place of performance for the leasing of workers and payment by the employer is the agency's registered office.
10.3. Employers and contractors agree on the application of Austrian law.
10.4. Should individual provisions of these GTC, a framework or individual agreement be or become invalid or unenforceable, this shall not affect the validity of the remaining 8 provisions. Instead of the invalid or unenforceable provision, the contracting parties agree on the validity of an effective provision that corresponds as closely as possible to the economic purpose of the original provision.
10.5. The employee must immediately notify EPA GmbH in writing of any changes to the company, address, legal form or other information relevant to the transfer.