Bellini Personal AG – sallis®

Temporary Terms and Conditions

Bellini Personal AG, 8004 Zurich, with their branches and other premises appears under the registered trademark „sallis®“ (hereinafter "sallis) as specialist of the Axxeva group and provides payrolling and contracting services on an hourly or monthly basis for external staff (hereinafter "Employee") of the client (the "employing company").

These general terms and conditions (hereinafter “GTC”) form an integral part of the rental contract between sallis and the host company. They come into force with the receipt of the first information or application documents from the employee by the employing company, with the conclusion of the contract, but in any case no later than when the employee starts working at the employing company. They remain valid for the entire duration of the work assignment. The host company recognizes these terms and conditions as binding in every case. If he does not agree with this, he must inform sallis immediately. In this case, the leasing contract is canceled and the work assignment is ended immediately when the employee is recalled. Hours already worked are to be remunerated.

1. Arrangements and rental agreement

The special conditions of the work assignment such as the type of activity, start and duration of the work assignment, place of work, working hours, hourly rate, reimbursement of expenses, etc. are agreed by telephone between sallis and the deployment company and recorded in writing in the rental contract. They are only valid for the duration of this specific work assignment. The countersigned duplicate of the rental contract must be returned to sallis by the company within a maximum of three days. Regardless of this and in any case, the leasing contract is deemed to have been approved at the latest when the employee commences work at the deployment company. The host company proves to sallis whether and to which generally binding collective employment contract (hereinafter "ave GAV") it belongs and holds sallis harmless in the event of false information.

2. Selection, deployment, testing and rejection of an employee

The employee is carefully selected by sallis on the basis of the requirements defined by the company for the specific work assignment. It may only be used by the company for the activity agreed in the rental contract. It is the duty of the employing company to convince itself at the beginning of the work assignment that the employee provided by sallis meets the requirements and has the skills to properly perform the work intended for him. If this is not the case, the employing company must refer the employee back to sallis for the first eight hours of the assignment, without incurring any financial obligation.

3. Relationship between the employee to the employing company and sallis

The employing company has no contractual relationship with the employee. The employment relationship exists between the employee and sallis. sallis is therefore the sole point of contact for all issues relating to the relationship between employing company and employee.

4. Duties of the employee

The employee is obliged to adapt to the needs of the employing company, to recognize and follow its working hours, company regulations and customs. He must carry out the work entrusted to him personally, to the best of his professional ability, carefully and conscientiously. He recognizes his duty of confidentiality towards third parties.

5. Provision and handling of equipment, tools, machines, materials and work clothes as well as workbook for professional drivers

The employing company provides the employee with all equipment, tools, machines and materials required for the work and, if necessary, the work clothes. It has to ensure that these are properly handled and operated by the employee. In particular, it ensures that all safety and other regulations are observed at all times. When employing employees as professional drivers, the employing company ensures that the work book submitted by sallis to these employees is properly kept.

6. Disclaimer of Liability

sallis rejects any liability for damage of any kind that the employee causes in the employing company or to third parties during his official work. This also includes theft, misuse of data, misappropriation of vehicles, machines, material, tools, checks, cash and all kinds of damage. The employee works and is liable to third parties as an auxiliary person under the responsibility of the operating company (Art. 55 OR, Art. 101 OR) . In the event of a claim, the same civil and criminal law provisions apply to the employee as to the employing company's own employees. If the employee does not start work for whatever reason, sallis cannot be made liable for any resulting damage or additional expenses.

7. Labor law, overtime and vacation

The employing company is responsible for compliance with the provisions of the labor law. This applies in particular to the provisions on overtime and all other deviations that require approval. The employee may only work overtime if the employing company has obtained the consent of the employee, sallis and the competent authority. Overtime is the working time that exceeds the maximum agreed in the rental contract and the usual company working time. The surcharges to the basic wage are invoiced and paid according to the applicable ave GAV. The hourly rate agreed in the rental contract is used as the basis for calculation. The host company acknowledges that the employee must generally take vacation during the work assignment and that vacation can be ordered.

8. Occupational health and safety, bullying, discrimination and sexual harassment

The employing company assumes the fundamental obligation of sallis as an employer to protect the employee from bullying, discrimination and sexual harassment. It confirms that it has taken the legally required protective measures in this context and undertakes to provide the employee with sufficient information. The employing company also guarantees occupational safety and health protection. In the event of inadequate precautions by the employing company, it is liable to sallis for any damage resulting therefrom.

9. Hourly rate

The hourly rate agreed in the rental contract between sallis and the employing company includes all ancillary personnel costs, insurance premiums, holiday allowance, holiday allowance, the 13th monthly wage and child allowances. Any transport, overnight, lunchtime, kilometer and other expenses as well as any shift, risk and other allowances are billed separately. Added to this is the statutory VAT.

10. Work report and invoicing

The basis for the employee's remuneration is formed by the leasing contract and the work report signed and stamped by the employing company. Partial hours are shown in the decimal system. Sallis only checks the validity of the associated signatures if the employing company provides the work report with its stamp. Normally, the pre-printed forms with barcodes made available to the employee by sallis are used, but in exceptional cases and by arrangement, report forms from the operational company are also accepted. The employee submits the completed work report for signature monthly, weekly or daily, depending on the wishes of the employing company. Regardless of which form is used, by signing the work report, the employing company confirms the correctness of the entries contained therein, in particular the working hours, expenses and travel time, and expressly agrees to the rental contract for this specific work assignment and to these terms and conditions. sallis continuously invoices the work reports. The basis for the creation of the invoice are the working hours shown on the work report, but at least the working hours specified in the rental contract and at least guaranteed to the employee. The employing company recognizes the invoice drawn up by sallis on the basis of the rental contract and signed work report and undertakes to pay it. If a complaint is not made within ten days of receipt of the invoice and in writing, the invoice is deemed to have been definitively approved.

11. Terms of payment and delay in payment

Invoices from sallis are due upon receipt. Unless otherwise agreed, due claims are to be paid within ten days without any deductions. Unjustified discounts will be charged back. In the event of late payment, default interest of 5% per year applies. In addition, sallis reserves the right to terminate the contractual relationship without notice if payment is not made on time. sallis can commission third parties to collect invoices. sallis is entitled to assign claims. The employee may not accept any payments.

12. Termination of a work assignment

Temporary work assignments automatically end when the agreed duration has expired. If they are extended beyond this point in time by mutual agreement without agreeing a new time limit, the notice periods for permanent work assignments apply. During the first three months of the indefinite work assignment, both parties can terminate the contract with a notice period of two working days. From the fourth to the sixth month the notice period is seven days and from the seventh month onwards it is one month, always on the same day of the following month. The deployment company may only employ the employee three months after the end of the assignment, either directly or through another rental company.

13. Takeover of an employee into a permanent position (Try & Hire) *

The employing company can take on the employee in a permanent position during the ongoing or completed work assignment, provided that the employee and the host company agree to this. The date of takeover will be agreed in advance between sallis and the employing company during the ongoing work assignment. If the takeover takes place after the end of the work assignment, the employing company must inform sallis immediately. If the work has lasted at least three months, the company does not owe sallis a fee for the placement. If the takeover takes place within three months after the end of the work assignment and if this work assignment lasted less than three months, a fee is due. For the calculation of the fee, 540 working hours are assumed for a full-time workload for three months. Each hour of work performed by the employee as part of the work assignment and paid for by the employer is reduced by 1 / (540 hours x part-time factor). The fee results from the multiplication of the remaining working hours by 30% of the last hourly rate of the last work assignment of the employee. In addition, the general terms and conditions for permanent employment agencies by sallis apply accordingly.

14. Application documents

The employing company undertakes to treat all information made available to it about employees, in particular application documents, with strict confidentiality and to keep it confidential. Documents may not be copied (either physically or electronically) or made available to third parties in any other way. Documents of unsolicited or withdrawn applications must be returned to sallis. *

Until the contract is concluded between the company and the employee, all application documents provided to the company remain the property of sallis.

sallis assumes no liability for the correctness of the content of the documents provided by the employees (issued personnel sheets, diplomas and other academic documents, copies of certificates, photos, etc.). In particular, sallis is not obliged to check the authenticity and correctness of the documents provided by the employees.

15. Quality standards and data protection

sallis is a member of swissstaffing, the industry association of Swiss personnel service providers, and adheres to its quality standards. The operations data stored by sallis in its IT system are treated confidentially.