General Terms and Conditions (GTC) valid from 01.07.2024
1. Scope of application
These General Terms and Conditions (GTC) apply to all services and offers of Norija UAB, Savanorių pr. 194, LT-44151 Kaunas, Lithuania, with German representation at Peckhauser Str. 57, D-40822 Mettmann (hereinafter referred to as “Norija”). They apply in particular to services in the field of personnel placement, temporary employment (AÜ) and within the framework of contracts for work and services (WV).
The GTC shall only apply if Norija expressly agrees to their validity in writing.
These terms and conditions apply additionally in conjunction with a framework agreement concluded between the parties and/or associated individual employee leasing agreements as an employee leasing agreement within the meaning of § 12 AÜG.
2. Subject matter of the contract
Norija UAB provides services in the field of temporary employment (AÜ) and contracts for work and services (WV) for companies in a wide range of industries. The object of the contract is the provision of qualified workers and – depending on the agreement – the performance of project-related services within the framework of a contract for work and services.
The exact content and modalities of the respective cooperation are set out in the individual contract or the specific project order.
Norija assigns its employees (temporary workers) to its customers (hirers) in accordance with the provisions of the German Temporary Employment Act (AÜG). Norija was granted the legally required permit for commercial temporary employment by the Kiel Employment Agency on 23.04.2024 in accordance with §§ 1 and 2 AÜG.
3. Conclusion of contract and written form
A contract with Norija is concluded as soon as an offer of the company has been accepted by the customer in writing or in electronic form.
Supplements, amendments or ancillary agreements to existing contracts require written confirmation by both contracting parties to be effective. Verbal agreements are only valid if they have been confirmed in writing.
4. Remuneration
The remuneration and terms of payment are based on the individually agreed service and are regulated in the respective contract or a supplementary contract addendum. All prices are quoted net, plus the applicable statutory value added tax. The calculated rates are based on standard working hours of six days per week (Monday to Saturday). For assignments at special times – in particular night work, work on Sundays and public holidays – the surcharges shall apply in accordance with the applicable statutory provisions or the corresponding collective bargaining or professional association regulations.
5. Obligations of the contracting parties
Norija undertakes to provide the contractually owed services with the utmost care. This includes in particular the professional selection, qualification and provision of suitable employees who meet the requirements of the respective activity.
For its part, the client undertakes to provide all information, documents and framework conditions required for the execution of the order in good time and in full. This includes, in particular, information on the location, the content of the work and the applicable work and safety regulations on site.
6. Impediments to performance
In the event of strikes, lockouts, temporary plant shutdowns and force majeure, Norija may refuse to fulfill its obligations and shall be released from the obligation to perform in this respect. In such cases, Norija is entitled to terminate the individual orders with a notice period of 1 (one) working day. In the event of a labor dispute, Norija shall not assign temporary workers.
7. Equality
In accordance with §8 of the Temporary Employment Act (AÜG), Norija’s employees are entitled to employment under the same working conditions as the hirer’s employees. As there is no contractual employment relationship between the hirer and Gil, the collective agreements or minimum wage applicable in the hirer’s company shall apply.
8.Confidentiality
Both parties undertake to treat all confidential information that becomes known in the course of the collaboration as strictly confidential – even after the end of the contract.
9. Obligations of the hirer
The hirer assures to be in possession of the necessary official permits and to comply with the occupational health and safety regulations applicable to his company, in particular in accordance with the Occupational Health and Safety Act and the Working Hours Act.
The hirer undertakes to deploy temporary workers only at the agreed place of deployment and within the scope of the agreed activity.
Before the start of employment or in the event of changes in the temporary worker’s work area, the hirer shall inform the temporary worker of all hazards and of the safety measures taken and safety equipment available.
The hirer undertakes to ensure that first aid facilities and measures are also available to the temporary workers free of charge at the intended place of work.
10. Transfer of employees within the framework of AÜ of WV – agency commission
If the hirer enters into a direct employment, training or internship relationship with an employee of Norija UAB during an existing temporary employment relationship or within six (6) months of its termination, the hirer undertakes to pay Norija a placement commission in the amount of two (2) gross monthly salaries of the employee concerned.
Note: If the hirer subsequently or concurrently places new orders with Norija as part of the personnel placement or temporary employment or also in the contract for work and services, it is possible to adjust the amount of the placement commission by mutual agreement.
11. Data protection
The processing of personal data by Norija takes place exclusively in compliance with the applicable statutory data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
Norija collects, processes and uses personal data only to the extent necessary and for specified purposes arising from the respective contractual relationship.
Detailed information on the handling of personal data and the rights of data subjects can be found in our privacy policy.
12. Liability
Norija is only liable for damages in the event of intent or gross negligence. Any further liability – in particular for slight negligence – is excluded, unless mandatory statutory provisions provide otherwise.
Norija assumes no liability for any service disruptions or damages arising in connection with the activities of the leased employees, unless there is a legal obligation to assume liability (e.g. in the event of a breach of supervisory or selection duties).
13. Termination of the employee leasing contract
Ordinary termination: The employee leasing agreement may be terminated by either party at any time with four (4) weeks’ notice to the end of the quarter. Notice of termination must be given in writing.
Extraordinary termination: Both parties are entitled to terminate the contract without notice for good cause. Good cause exists in particular if there are facts that make it unreasonable to continue the contractual relationship.
Termination due to weather conditions: Termination without notice due to weather-related circumstances is excluded and does not constitute extraordinary grounds for termination.
Default of payment by the hirer: The lender is entitled to terminate the contract without notice in particular if the hirer is in arrears with payments due and no payment has been made on time following a written reminder.
14. Final provisions
Should individual clauses of these GTC be invalid, this shall not affect the validity of the remaining provisions. Lithuanian law shall apply. The place of jurisdiction is Kaunas, as far as permissible.
15. Other provisions
Amendments and additions to this contract and these General Terms and Conditions must be made in writing to be effective. This also applies to any amendment or revocation of this written form clause itself.
Verbal collateral agreements have not been made and are invalid unless confirmed in writing.
Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the economic purpose of the original provision.