GENERAL TERMS AND CONDITIONS
- SCOPE OF APPLICATION
1.1. These General Terms and Conditions (GTC) govern all legal relationships between the labor leasing company/personnel consulting and personnel placement company, headwayaustria gesmbh, hereinafter referred to as headwayaustria, and the employing company/client, hereinafter referred to as employer/client.
1.2. headwayaustria and the employer agree that these GTC apply not only to the initial legal transaction but also expressly to all subsequent transactions, including follow-up and additional orders. These GTC and other provisions of the individual contract shall continue to apply even if headwayaustria provides workers beyond an originally agreed or intended end date or if the request for workers was made verbally.
1.3. headwayaustria declares that it only concludes contracts based on these GTC. Any contractual conditions of the employer are hereby expressly rejected. They apply only if expressly and in writing agreed upon. If, by exception, the validity of other contractual conditions is agreed, their provisions shall apply only insofar as they do not conflict with individual provisions of these GTC. Non-conflicting provisions in the GTC remain valid alongside each other. Provisions made in framework or individual agreements take precedence over these GTC if they conflict; otherwise, framework and individual agreements are supplemented by these GTC.
1.4. The employer acknowledges that headwayaustria will provide these GTC again upon the employer’s request at any time. These GTC can also be accessed and printed from the website www.headway-austria.com.
1.5. Amendments and supplements to these GTC or to the individual contract require written form to be legally effective. This requirement for written form can only be waived in writing. It is noted that no side agreements to these GTC exist.
1.6. Workers provided by headwayaustria are neither authorized to make declarations of intent or knowledge on behalf of the employer nor authorized to collect payments. Deviating or supplementary agreements are only effective with written approval by headwayaustria’s management and authorized signatories. The employer may only employ the leased worker for the services agreed upon with headwayaustria. If the leased worker actually performs duties of a higher qualification level, this shall be deemed contractually performed and must be remunerated and invoiced accordingly. The minimum hourly base for daily assignments is 5 hours per leased worker. - CONTRACT CONCLUSION
2.1. Offers by headwayaustria are non-binding. The contract is concluded by signing the offer or order confirmation by the employer; in any case, the contract is concluded when the employment of a candidate presented by headwayaustria begins at the client or through the client’s hiring confirmation in case of personnel placement.
2.2. The specific conditions of each leasing such as start and duration of employment, qualification of leased workers, place of employment, and hourly rate arise exclusively from the contract documents signed by both parties or from headwayaustria’s order confirmation. In case of indefinite leasing of workers, the employer must terminate the contract in writing at least fourteen days before the last day of the respective worker’s assignment. - SCOPE OF LABOR LEASING SERVICES
3.1. headwayaustria declares to have a valid license to operate the business of labor leasing and employs workers to be leased to third parties and independently organizes the provision of workers to the employer. The leasing is carried out in compliance with legal provisions, especially the Labor Leasing Act.
3.2. The subject matter of the contract is the provision of workers, not the performance of specific services. The leased workers work under the direction, instruction, and responsibility of the employer. headwayaustria does not guarantee any particular success. headwayaustria is entitled to replace workers listed in contract documents or already leased with other equivalent persons at any time. - SCOPE OF PERSONNEL CONSULTING/PLACEMENT
4.1. headwayaustria conducts personnel search and selection for the client based on the jointly created or provided job description and requirement profile of the position to be filled.
4.2. Personnel search and selection by headwayaustria do not replace the careful examination of the proposed applicants by the client.
4.3. headwayaustria is not liable for the qualification and work performance of an employee it proposed and the client hired.
4.4. The consulting fee agreed with the client amounts to at least three gross monthly salaries and becomes due upon conclusion of the (free) employment contract between client and candidate – at the latest upon commencement of work. Advertising costs, as well as travel or accommodation expenses of candidates for interviews, will be invoiced separately.
4.5. The client commits not to pass on, keep, or copy application documents or data of applicants proposed by headwayaustria to third parties (data protection!). - FEE (HOURLY RATE), PAYMENT TERMS, AND BILLING METHODS
5.1. The amount of the respective fee (hourly rate) results from the offer signed by the employer or from headwayaustria’s order confirmation. If workers are requested without a prior offer, headwayaustria may demand reasonable local market remuneration.
5.2. If remuneration conditions for the leased workers change after order placement due to legal or collective agreement adjustments, headwayaustria is entitled to increase the agreed fee (hourly rate) by the same extent as the wage increase. One-time payments granted to leased workers can be claimed by headwayaustria against the employer. If workers are employed beyond an agreed or expected end date, the agreed fees also apply beyond this date for the following employment period. If the leased worker is entitled to surcharges to the normal wage or salary per § 10 AÜG (e.g., overtime, night work, special hardship, special danger, day and travel allowances), headwayaustria is entitled to charge these costs plus a processing fee in addition to the agreed hourly rate. headwayaustria reserves the right to adjust prices in case of legal and collective agreement changes.
5.3. The fee stated in the offer or order confirmation (hourly rate) includes all wage/salary costs and ancillary wage/salary costs that headwayaustria must pay according to current Austrian tax regulations. If certain allowances cannot be included in the hourly rate, they will be explicitly listed and invoiced. The stated hourly rate is subject to statutory VAT. Unless otherwise agreed, headwayaustria is entitled to weekly billing. The fee is due upon receipt of invoice or within the agreed payment period, without any deduction and free of charges, to headwayaustria’s account.
5.4. If the employer does not object to the invoice in writing within 10 days of receipt, it is deemed approved and accepted with regard to billed hours and fee amount.
5.5. In case of late payment, headwayaustria is entitled to claim default interest pursuant to § 456 UGB. In case of delay, the employer must reimburse headwayaustria for all resulting reasonable and necessary costs, especially for reminders, collection attempts, and any court/legal fees.
5.6. The employer is not entitled to offset claims or rights against headwayaustria with the fee for labor leasing unless the employer’s claims have been legally established or acknowledged in writing by headwayaustria (prohibition of set-off). There is no right of retention on fees owed for labor leasing.
5.7. Basis for fee billing are activity reports (time sheets) created by headwayaustria, which the employer or its assistants must sign on-site at least once a week after work
hours and stamp with the company seal. If the time sheets are not signed by the employer or assistants, headwayaustria – if the assignment is at a third party – is entitled but not obliged to have the client’s customer of the employer sign the timesheets bindingly. By signing the timesheets, the hours worked become legally binding. It is noted that headwayaustria’s time sheets also form the basis for billing even if not signed by the employer. The burden of proof that hours listed were not actually worked lies with the employer.
5.8. Upon headwayaustria’s request, the employer must provide a credit report. If this report shows below-average creditworthiness, the employer must immediately provide an abstract bank guarantee from a domestic bank covering the already due and the next month’s fees. If the employer fails to provide this guarantee within seven days after written request, headwayaustria is entitled to terminate the contract prematurely without notice or deadlines. - RIGHTS AND DUTIES OF HEADWAYAUSTRIA AND THE EMPLOYER
6.1. The employer is obliged to observe all legal provisions, especially the Labor Leasing Act (AÜG), the Occupational Safety Act (ASchG), the Employment Protection Act for Foreigners (GIBG), the Foreigners Employment Act (AuslBG), and the Working Hours Act (AZG) in their applicable versions for workers provided by headwayaustria. If the employer violates these provisions, they hold headwayaustria harmless from resulting disadvantages.
6.2. The employer must inform headwayaustria of essential information relevant to the leasing before it begins, including start, expected duration, place of work, required qualifications of leased workers, the related collective agreement classification according to the collective agreement applicable at the employer’s company for comparable employees and work, and major working and employment conditions related to working hours and leave as established by binding general provisions. This also applies to binding general provisions regarding remuneration under § 10 para. 1 last sentence AÜG. If wage levels are regulated by company agreements or written individual agreements with employees, the employer must also disclose these conditions to headwayaustria before leasing.
6.3. If the employer instructs a leased worker to work outside the scope of the contract or beyond agreed hours, this must be reported immediately to headwayaustria. If this is not done, headwayaustria may charge the employer for hours worked beyond contract and as per legal surcharges.
6.4. The employer must provide leased workers with the workplace and equipment required to perform the assigned work, maintain workplaces and equipment, and ensure compliance with health and safety and accident prevention regulations.
6.5. The employer may only employ the leased worker for tasks agreed with headwayaustria. If the leased worker actually performs tasks of a higher qualification level than agreed, these shall be considered contractually performed and must be remunerated accordingly.
6.6. If leased workers cause damage to the employer or third parties during work, the employer must immediately inform headwayaustria.
6.7. The employer is liable for damage caused by leased workers in accordance with general law. headwayaustria is not liable for damages caused by leased workers during the contract, except in cases of gross negligence or intent by headwayaustria.
6.8. If the employer wants to hire a leased worker presented or provided by headwayaustria for its own company, the employer must inform headwayaustria immediately and in writing and pay a placement fee according to the contract or at least the agreed minimum fee. - DURATION AND TERMINATION
7.1.vThe contract is concluded for a fixed period or an indefinite period as agreed. In the case of fixed-term contracts, the contract ends automatically upon the expiry of the agreed term without the need for termination.
7.2. Both parties may terminate the contract at any time with four weeks’ notice to the end of the calendar month unless otherwise agreed.
7.3. The right to terminate for cause without notice remains unaffected. Cause for termination includes especially breach of contractual obligations, lack of payment, violation of statutory provisions, or refusal to accept leased workers.
7.4. The termination must be made in writing. - DATA PROTECTION
8.1. headwayaustria processes personal data of employers, employees, and candidates in compliance with the GDPR and applicable Austrian data protection laws.
8.2. By concluding the contract, the employer consents to the processing of personal data necessary for the contractual relationship.
8.3. 8.3. Detailed information on data processing and rights can be found in the privacy policy available on www.headway-austria.com. - FINAL PROVISIONS
9.1. Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
9.2. The place of performance and jurisdiction for all disputes arising from this contract is the registered office of headwayaustria, unless mandatory legal provisions dictate otherwise.
9.3. Austrian substantive law applies excluding the UN Sales Convention (CISG). - EARLY TERMINATION OF THE CONTRACT
10.1. headwayaustria is entitled to terminate the contract prematurely without observing
any deadlines or dates if there is an important reason. An important reason exists in
particular if:
a) the hirer is in default of a payment owed to headwayaustria despite a reminder and
granting of a grace period of more than seven days;
b) the hirer violates legal or contractual provisions despite being requested to comply;
c) the hirer fails to fulfill their management, supervisory, or duty of care obligations
towards the leased workers;
d) insolvency or settlement proceedings are opened against the hirer’s assets or the
opening of such proceedings is rejected due to lack of funds;
e) a strike or lockout occurs in the hirer’s company;
f) the services of headwayaustria fail due to force majeure, illness, or accident of one or
more workers; or
g) the hirer, due to below-average creditworthiness, does not submit an abstract bank
guarantee securing all claims of headwayaustria within 7 days after a written request.
10.2. Furthermore, headwayaustria is released from any obligation to perform and
entitled to immediately recall the leased workers in the event of an important reason. If
the hirer is responsible, they must compensate headwayaustria for the resulting
damage, such as paying the remuneration until the originally intended or agreed end of
leasing.
10.3. If the contract is terminated early for reasons within the hirer’s sphere or the workers are recalled for important reasons as defined in point 8.1, the hirer cannot assert any claims against headwayaustria. - WARRANTY
11.1. headwayaustria guarantees that the provided workers have given their consent to be leased to third parties and are ready to work. headwayaustria only owes a special qualification of the workers if expressly stated in the mutually signed offer or order confirmation; otherwise, an average qualification is assumed.
11.2. headwayaustria guarantees only for those qualifications of the workers verifiable by
inspection of certificates.
11.3. The hirer is obliged to immediately check the leased workers’ qualification and readiness to work after the start of leasing. If a leased worker does not correspond to the agreed qualification or readiness, any defects must be reported in writing to headwayaustria immediately and no later than within 48 hours, otherwise warranty and damage claims are excluded.
11.4. If a defect attributable to headwayaustria exists and the hirer demands timely improvement, this will be provided by replacing the concerned worker within a reasonable period. Furthermore, if the hirer determines within the first four hours that a leased worker is unsuitable for the task and insists on a replacement, up to four working hours will not be charged.
11.5. Any defect must be demonstrated by the hirer within the first six months of leasing
the workers.
11.6. Warranty and damage claims of the hirer must be asserted in court within six months, otherwise they expire. - LIABILITY
12.1. headwayaustria assumes no liability for any damages caused by leased workers to the hirer or third parties. headwayaustria is not liable for loss, theft, or damage of provided tools, drawings, samples, equipment, or other handed-over items. This applies especially if money, securities, valuable or sensitive items are entrusted to the leased worker.
12.2. Before commissioning vehicles or equipment requiring permits or authorizations, the hirer must verify the existence of these permits. If the hirer fails to do so, all claims against headwayaustria are excluded. Liability for accidents involving leased drivers of motor vehicles or construction machines, whether for bodily injury or material damage suffered by the hirer, their personnel, or third parties, is excluded. The hirer is responsible for taking out all necessary insurance to cover these risks.
12.3. headwayaustria is not liable for failure or delay in work performance, especially due to force majeure, illness, or accident of the leased worker. There is no liability for consequential and financial damages, production downtime caused by leased workers, or penalty obligations the hirer has incurred with their customer.
12.4. Additionally, liability of headwayaustria is limited to gross negligence and intentional behavior according to the Austrian Civil Code (ABGB).
12.5. The hirer is liable to headwayaustria for all disadvantages resulting from violation of any contractual obligation by the hirer. In particular, the hirer must ensure compliance with working time laws by the leased worker if the leasing is weekly. Any fines resulting from legal violations by the hirer are borne by the hirer.
12.6. The hirer undertakes to indemnify and hold harmless headwayaustria from any third-party claims related to violations of data protection laws caused by the hirer. The hirer assures that personal data provided to headwayaustria will be processed in compliance with applicable data protection laws and that headwayaustria is authorized to process the data. - GENERAL PROVISIONS
13.1. For disputes of any kind arising from this legal relationship, both parties agree to primarily undergo mediation and prefer this form of dispute resolution to court proceedings. If mediation fails despite good faith efforts, Austrian law excluding the UN Sales Convention applies exclusively. The competent court in Wels has jurisdiction for all disputes.
13.2. The place of performance for worker leasing and payment is the location of headwayaustria.
13.3. Austrian law applies excluding its conflict of law rules.
13.4. Should individual provisions of these GTC or framework or individual agreements be invalid or unenforceable, the validity of the remaining provisions remains unaffected. The parties agree to replace invalid provisions with valid provisions that most closely reflect the economic purpose of the original.
13.5. Changes of company name, address, legal form, or other relevant information must be promptly communicated to headwayaustria in writing by the hirer.
13.6. For easier readability, masculine form is used throughout these GTC but refers to all genders.
Version: 01.10.202