General Terms and Conditions – Recruitment for Permanent Positions
Valid from July 2016.
1. Services and fees and duty of confidentiality
Bosshard & Partner Unternehmensberatung AG (‘Bosshard & Partner’) is aware of a vacancy to be filled at the client’s company and will endeavour to fill this vacancy in agreement with the client. Bosshard & Partner may publish the vacancy for its own account on its own website and/or on an online job market. In these cases, the client will not be named for reasons of confidentiality. If a contract for services (employment, engagement, agency, consultancy contract, etc.) is entered into with a candidate proposed by Bosshard & Partner, Bosshard & Partner will charge the client a success fee of 18% of the candidate’s gross annual salary. This gross annual salary is equivalent to the candidate’s target income and includes all supplements such as the 13th-month salary and other monthly salaries, fixed or anticipated gratuities, bonuses commissions, expense allowances and other remuneration.
The fee is due in full within 30 days of the employment contract being signed. Value-added tax will be itemised separately and added to the invoice amount.
Candidate documentation must be treated confidentially and may not be disclosed to third parties without the consent of Bosshard & Partner. For data protection reasons, documentation from unsuccessful candidates must be returned to Bosshard & Partner or destroyed.
If an employment relationship with a proposed candidate begins within 12 months of submission of the candidate file, Bosshard & Partner shall be entitled to invoice the agency fee.
None of Bosshard & Partner’ expenses up until a contract is entered into with the proposed candidate are charged to the client. The above conditions become binding as soon as the client contacts the proposed candidate. The client is also obliged to report any form of involvement to Bosshard & Partner.
None of Bosshard & Partner’s expenses are charged to the candidate.
2. Warranties
If an employment relationship is terminated for compelling reasons, the following amounts will be refunded:
- Departure in the first month 50%
- Departure in the second month 25%
- Departure in the third month 10%
At the end of the third month, the full amount of commission becomes payable. Any interruption of work due to accident, illness, holiday or military service does not extend the warranty.
3. Liability
The services provided by Bosshard & Partner are in no way a substitute for an in-depth assessment of the candidate by the client. Bosshard & Partner accepts no responsibility whatsoever for, in particular, statements made by the candidate themselves regarding, for example, health, non-compete obligations, reputation or creditworthiness, or for the performance of work entrusted to them in their new role, or for information provided by third parties, particularly references. The client assumes full responsibility for the conclusion of an employment contract. Bosshard & Partner cannot be held liable.
4. Permits
Bosshard & Partner holds a permit to operate as a private employment agency issued by the Canton of Aargau and the State Secretariat for Economic Affairs (SECO), Bern. The granting authority is the Department of Economic Affairs and Home Affairs, Office for Economic Affairs and Labour, Rain 53, 5001 Aarau, and SECO, Labour Directorate, Holzikofenweg 36, 3003 Bern.
5. Place of jurisdiction
Swiss law applies to all legal relationships with Bosshard & Partner. The place of jurisdiction is the registered office of Bosshard & Partner.