General Terms and Conditions – Temporary Staffing

Valid from July 2016.

Contractual relationship
These General Terms and Conditions form an integral part of the verbally agreed labour-hire contracts. The position to be filled must therefore be described clearly and unambiguously. The General Terms and Conditions enter into force automatically every time a contract is concluded verbally and apply during the temporary employee’s deployment at the host company. As soon as an assignment has been arranged over the phone, the host company will receive a temporary staffing contract from Bosshard & Partner Unternehmensberatung AG (‘Bosshard & Partner’) in accordance with Article 22 of the Swiss Recruitment Act (RecA) with all the information relevant to the assignment. This temporary staffing contract must be signed and returned to Bosshard & Partner. If the host company fails to countersign a copy of the temporary staffing contract, the signature on the attendance report will not only serve as confirmation of the accuracy of the hours entered by the temporary employee, but also as acceptance of the offer under Bosshard & Partner’s temporary staffing contract in relation to the assignment under the aforementioned contract. If the host company does not agree to this, it must inform Bosshard & Partner immediately. In this case, our temporary employee will be recalled and the verbal agreement cancelled. A lack of response on the part of the host company will be deemed to constitute its agreement. Our temporary employees are bound to our company by means of an employment contract and therefore have no contractual relationship with the host company. As a result, our temporary employees must address all questions relating to the employer–employee relationship directly to us. The host company must inform us without delay if, due to special circumstances, it is forced to change the location, timetable or nature of the agreed work during the assignment.

Generally binding collective bargaining agreements
If a host company is subject to a generally binding collective bargaining agreement, the temporary staffing agency must also comply with that agreement’s provisions on wages and working hours for the agency’s temporary employees. The host company is subject to the collective bargaining agreement as set out in the written temporary staffing contract. Bosshard & Partner must be informed immediately if it would not be correct for the host company to be subject to the collective bargaining agreement. If a generally binding collective bargaining agreement provides for an obligatory contribution to further training costs and union fees, the corresponding provisions will also apply to the temporary staffing agency. If a host company is subject to a generally binding collective bargaining agreement governing flexible retirement, the temporary staffing agency must also comply with the provisions of that agreement for its temporary employees.

Liability for damage
The staff provided by the temporary staffing company do not work for the host company on the basis of a contract for work or a contract assignment. The temporary staffing company is therefore not liable to the host company in any way for the result of the work performed by its on-hire staff or for any damage that might arise as a result. Bosshard & Partner accepts no liability whatsoever for damage caused by any temporary employee. The temporary staffing company is liable only for correctly choosing the hired temporary employees. In the event of a claim, the same civil and criminal law provisions apply to the temporary employees of Bosshard & Partner as apply to the host company’s own employees.

Authority to issue instructions / Occupational health and safety
The host company has sole authority to issue instructions to and monitor temporary employees in relation to the performance of the work. Temporary employees will work exclusively in accordance with the instructions and under the supervision and responsibility of the host company. The host company will comply with the directives and statutory provisions on occupational health and safety and undertakes to take all necessary accident prevention measures and to ensure that each individual temporary employee is aware of the safety regulations applicable at their place of work. The host company will provide machinery and all work materials and monitor their correct use.

Duty of confidentiality
Our temporary employees have an obligation to us to comply with the instructions of the host company and to protect, without restriction, the confidentiality and secrecy of all matters they become aware of at the host company vis-à-vis third parties.

Agreed hourly rate
The agreed hourly rate includes all ancillary personnel costs such as old-age and survivor’s insurance (OASI), unemployment insurance (UI), invalidity insurance (IV), loss of earnings compensation (EO), pension scheme under the Occupational Pensions Act (OPA), family allowances (FAK), Swiss National Accident Insurance Fund (Suva), daily sickness allowance (KTG), flexible retirement (FAR), union membership and further training. Holiday pay, public holiday rates and the 13th-month salary are also included in the hourly rate. VAT is not included in the hourly rate.

Overtime
Overtime is governed by the provisions of the generally binding collective bargaining agreement. The provisions of the generally binding collective bargaining agreement also apply to night work and work on Sundays. Where no generally binding collective bargaining agreement applies, the provisions of the Swiss Code of Obligations (CO) will apply. Overtime will be billed separately. VAT is not included in the hourly rate.

Work reports / Remuneration for the assignment
At the end of each month or at the end of the assignment, the temporary employee will submit their monthly report to the host company as confirmation of the hours worked and any overtime and expenses due. By signing the work report, the host company acknowledges its accuracy and these terms and conditions. Based on the work report signed by the host company, Bosshard & Partner will pay the salaries directly to the temporary staff. Subsequent objections are excluded.

Payment date
The following payment dates are agreed: net amount payable within 10 days and without discount.

Transition of temporary employee to a permanent position
(after a successful temporary assignment or try-and-hire assignment)

In accordance with Article 22 of the Swiss Recruitment Act (RecA), the temporary employee may transfer to employment at the host company at the end of the assignment. The host company will only owe any sort of compensation if the assignment lasted less than three months (540 hours) and if less than three months has elapsed since the end of the assignment. If the host company decides to permanently hire a temporary employee provided by us, this is possible on the following conditions and subject to payment of the following compensation:

free of charge after the temporary employee has worked continuously for at least 540 hours. The host company must provide us with confirmation of the try-and-hire employment relationship in the first week of the temporary employee’s work at the company. In this case, we will count the first week as already worked hours of the try-and-hire period.

for a fee if the temporary employee is hired after having worked for less than three months (540 hours). In this case, the fee to be paid will be calculated as follows: actual gross annual salary at the host company x 12% = total fee: 540 hours (try-and-hire) x remaining working hours up to 540 hours (e.g. if the temporary employee has worked 200 hours at the host company, the remaining hours are 340 hours).

Notice periods

If the agency agreement has been concluded for an indefinite period, it may be terminated during the first three months of uninterrupted employment with two working days‘ notice; from the fourth to the sixth month of uninterrupted employment with seven days’ notice; from the seventh month of employment with one month's notice, in each case on the same day of the following month. If the contract of employment has been concluded for a fixed term, it shall generally end at the end of the agreed term, but may be terminated subject to the same notice periods as the permanent employment relationship, provided that these notice periods have been agreed in the contract.

Granting authority

Bosshard & Partner holds a permit to operate as a temporary staffing agency issued by the Canton of Zug and the State Secretariat for Economic Affairs (SECO) Bern. The granting authority is the Department of Economic Affairs, Office of Economy and Labour, Aabachstrasse 5, 6301 Zug and SECO, Directorate of Labour, Holzikofenweg 36, 3003 Bern.

Place of jurisdiction
Swiss law applies to all legal relationships with Bosshard & Partner. The place of jurisdiction is the registered office of Bosshard & Partner.