1. Subject matter of the contract

1. Transcura recruits nursing staff from third countries in accordance with fair and ethical recruitment and placement practices.
2. Orders placed with the recruitment agency for the provision of recruitment services shall be executed in accordance with these General Terms and Conditions. The General Terms and Conditions shall apply for the entire duration of the business relationship, even if payment is made by third parties.
3. These General Terms and Conditions apply exclusively. General terms and conditions of the client shall only apply insofar as the personnel service provider has expressly agreed to them in writing.
4. If individual provisions of the General Terms and Conditions are invalid, the remaining provisions shall remain binding.

2. Services

1. The client commissions the personnel service manager with the placement of trainees in the nursing profession as well as foreign nursing staff (candidates) who can be employed in Germany on a short-term basis as nursing assistants and, following recognition of their qualifications, as qualified nursing staff.
2. As the employer, the client concludes an employment or training contract directly with the respective candidate as an employee. The personnel service manager is not a party to the employment contract and is not the employer or trainer of the respective candidate.
3. The personnel service manager has notified the competent authority of the commercial supply of temporary workers in accordance with Section 14 (1) sentence 1 GewO. It is also in possession of a certificate from the authority confirming receipt of the notification in accordance with Section 15 (1) GewO.

3. Principles

The personnel service provider assures that:

1. the guidelines are applied in accordance with the six guiding principles of the "Fair Recruitment Care Germany" quality seal, in words

Transparency of structures, services and costs

• Written form for verifiability
• The placement procedure for nursing staff is free of charge
• Limiting the economic risk for care professionals
• Sustainability and participation
• Total responsibility

2. the recruitment of candidates is fair and transparent and complies with the WHO Code of Conduct for the International Recruitment of Health Professionals.
3. international human rights and human rights standards are complied with at all times, in particular:

• the ILO core labour standards
• the general principles and operational guidelines for fair recruitment
• the UN Guiding Principles on Business and Human Rights
• the international UN human rights agreements

4. the employer pays principle applies throughout the entire service chain, i.e. the employer is obliged to cover all costs incurred in the recruitment process, language training and integration, the recognition procedure and all examination and application fees. Candidates may not be charged for recruitment services.

5. Candidates are protected from unfavourable repayment obligations and the Head of Human Resources undertakes

• to waive any commitment and repayment obligations in the placement contracts with the nursing staff, taking into account the permitted exceptions
• not to be placed in employment contracts that contain commitment and repayment obligations relating to the costs of the placement

6. IRIS standards are applied to promote ethical and fair recruitment.

4. More Principles

1. The DKF information brochure in the respective national language is usually given to the applicant before the conclusion of an internship contract, but at the latest with the employment contract.
2. The respective agency agreement and the agency terms and conditions must be formulated in the respective lingua franca.
3. The placement conditions must be permissible both under German law and under the local law of the countries of origin from which the international skilled workers come.
4. With the job offer, the international skilled worker must be presented with an integration management concept in accordance with the DKF pilot standard in the respective national language.
5. The personnel service provider supports the applicant in language acquisition and in the recognition procedure. The personnel service provider refers to the compensation measures available, which the candidate is free to choose.
6. Our agency ensures that it proactively informs both its clients and the international nursing staff about tested and quality-assured language acquisition programmes and support measures as part of the recognition process. We ensure that the preferences of the nursing staff with regard to the choice of specific programmes are taken into account and implemented. Our aim is to support the international nurse at every stage of the process by ensuring that they have access to the best available resources for their language acquisition and career progression in Germany.
7. We support international specialists and our clients throughout the entire recruitment and placement process, are a constant point of contact and offer solutions for conflict situations.

5. Obligations of the client

1. The client shall provide the personnel service provider with the documents or data required for the placement or enable these to be made available to the candidate. This applies in particular to job descriptions and the requirements profile.
2. If the need for placement ceases to apply, in particular due to the vacant position being filled elsewhere or being cancelled, the client must inform the personnel service provider of this at least six weeks before the planned start of work.
3. The client undertakes to submit a written company integration management concept in accordance with the DKF pilot standard with the job offer and to ensure its implementation in order to guarantee a qualitative, transparent and fair familiarisation period.
4. According to the DKF pilot standard, the integration management concept must include at least the following content:

• Introduction
• Preparation after recruitment
• Arrival and the first days
• Support with relocation management
• Anchoring integration management structurally
• Sponsorships and mentoring
• Organise the recognition process
• Customise training
• Support teambuilding
  
• Expand competences
• Resolving conflicts
• Enabling social participation
• Dealing with cancellation and enticement
• Making the recruiting process transparent
• Promoting language development
• Focus on the family

The respective concept is presented to the candidates for the job offer and is considered part of the employment contract.

6. Compensation

1. Agreed remuneration is subject to the applicable statutory VAT, unless explicitly agreed otherwise. The remuneration consists of a placement fee per candidate placed.
2. The remuneration does not cover the salary or training allowance of the respective candidate or the costs of any necessary specialised or recognition courses and official fees in Germany. These are to be borne separately by the client.
3. Even after a recruitment contract has been cancelled, the client shall owe the recruitment agency the agreed remuneration upon conclusion of an employment contract between a candidate proposed by the recruitment agency and the client or a third party.

7. Liability, warranty

1. If a placed applicant does not take up the work, the personnel service provider is entitled to offer up to three equivalent nursing staff within a period of eight weeks from the actually planned start of work. In this case, the obligation to pay the remuneration remains in force.
2. The personnel service provider is not a party to the employment contract between the client and the respective candidate. The candidate is neither a vicarious agent nor an assistant of the personnel service provider. Any liability of the personnel service provider for damages and other obligations of the candidate arising from his activities and breaches of duty by the candidate towards the client is therefore excluded.
3. The exclusion of liability also applies to cases in which the candidate does not take up employment for reasons for which the personnel service provider is not responsible. In particular, there is also no liability for delays in taking up employment resulting from the fact that the issuing of visas or work permits takes a longer period of time.
4. The personnel service provider shall verify the identity, professional licence and professional qualifications of the candidate to the best of its knowledge and belief. However, the client shall also verify the identity, professional licence and professional qualifications of the candidate before the candidate commences work.
5. The personnel service provider shall only be liable for damages resulting from a grossly negligent breach of duty by the personnel service provider, its legal representatives or vicarious agents in accordance with the statutory provisions, provided that liability is limited to foreseeable damages typical of the contract.
6. Liability is excluded for damages resulting from a breach of duty caused by simple negligence on the part of the personnel service provider, its legal representatives or vicarious agents, unless the breach relates to a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner relies and may rely (cardinal obligation), in which latter cases liability is limited to the foreseeable damages typical for the contract.
7. The personnel service provider shall not be liable for damages resulting from changes in legal or official requirements occurring after the conclusion of the contract.
8. The above exclusions and limitations of liability also extend to any non-contractual claims and claims for reimbursement of expenses.
9. The personnel service provider shall be liable in accordance with the statutory provisions in the event of intent and in the event of damage resulting from injury to life, limb or health due to an intentional or negligent breach of duty by the personnel service provider, its legal representatives or vicarious agents. This provision shall take precedence over the previous limitations of liability in paragraphs 5 to 8.

8. Payment, due date, offsetting, retention

1. Payment is due in full at the time the invoice is received by the client. The client shall be in default 14 days after the due date without further declaration by the personnel service provider if he has not paid.
2. The Client may only offset or assert a right of retention against payment claims of the personnel service provider with undisputed and legally established claims. Excluded from this restriction on offsetting are those claims of the Client that are based on its claim to the provision of a defect-free service in a reciprocal relationship with the respective payment claim of the personnel service provider.
3. The client may not assign or pledge claims to third parties without the consent of the personnel service provider.

9. Termination

1. The personnel service provider reserves the right to terminate the business relationship in the event of repeated non-compliance with the General Terms and Conditions and the principles.
2. For this purpose, the personnel service provider has the right to check compliance with the conditions and to demand corresponding evidence.

10. Place of fulfilment and jurisdiction

1. If the client is a merchant, a legal entity under public law, a special fund under public law or a person who does not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from the business relationship between the personnel service provider and the client shall be the registered office of the personnel service provider. The personnel service provider may also bring an action at the general place of jurisdiction of the client. Mandatory statutory provisions on exclusive places of jurisdiction, e.g. for judicial dunning proceedings, shall remain unaffected by this provision.
2. The legal relationship between the client and the personnel service provider shall be governed exclusively by the law of the Federal Republic of Germany.