General Terms and Conditions (GTC) for Staff Leasing

1. scope of application
These General Terms and Conditions (GTC) apply to all contracts and business relationships between Swiss Industry Service AG, hereinafter referred to as the “Lender”, and its customers in the context of staff leasing. Deviating conditions of the customer are only effective if they are recognized in writing by the lender.

2. subject matter of the contract
The lender provides the customer with personnel to carry out work on the basis of a personnel leasing contract. The deployed employees continue to be employed by the lender during the loan period. The lender undertakes to provide the customer with suitable personnel who meet the customer’s requirements.

3. conclusion of the contract
The staff leasing contract is concluded by the written confirmation of the customer’s offer or by the acceptance of an offer by the lender. The contract may also be deemed effective upon actual use of the service by the customer.

4. duration of the loan
The duration of the personnel loan is specified in the contract. The loan agreement can be terminated in writing by either party with a notice period of [e.g. 7 days]. Early termination for good cause remains unaffected. In the event of premature termination of the rental relationship by the customer, the lender may demand compensation.

5. remuneration
Remuneration for staff leasing is based on the rates agreed in the contract. It is usually charged on an hourly or daily basis or according to a fixed lump sum. The customer undertakes to pay all remuneration incurred as well as additional costs, such as expenses or overtime. Invoices are generally issued on a monthly basis, but no later than the end of the agreed rental period.

6. obligations of the lender
The lender undertakes to provide the customer with qualified personnel who meet the contractually agreed requirements. The lender assumes responsibility for the correct remuneration of the employees and their social security contributions as well as compliance with the applicable labor law regulations.

7 Obligations of the customer
The customer undertakes to provide the leased personnel with suitable working conditions that comply with labor law regulations. The customer shall ensure that the personnel do not work beyond the tasks agreed in the contract, unless this is agreed in writing in advance. The customer is responsible for the proper instruction of the borrowed personnel in the work processes and safety regulations.

8. liability
The lender is liable for damages incurred by the leased personnel due to the violation of labor law obligations. However, the lender is not liable for damage caused by improper or careless actions of the borrowed personnel or by the customer’s failure to observe safety regulations. The customer is responsible for the supervision of the personnel during the work and assumes liability for damage caused by the activities of the leased personnel within the scope of the contractually agreed work.

9. insurance
The lender shall ensure that the leased personnel are adequately insured in accordance with the statutory requirements. The customer is obliged to additionally ensure that the personnel are covered within the scope of their activities, for example through liability insurance, if this is required in the contract.

10 Confidentiality and data protection
Both parties undertake to treat all information received in the context of the staff leasing as confidential. The lender shall ensure that all personal data of the leased personnel is processed in accordance with the applicable data protection regulations (in particular the Swiss Data Protection Act, DSG).

11. dispute resolution and place of jurisdiction
In the event of disputes arising from this contract, an attempt will first be made to reach an amicable settlement. If no agreement can be reached, the dispute will be decided by the competent court in the canton of Lucerne. The contract is subject to Swiss law.

12. final provisions
Should individual provisions of these GTC be invalid or unenforceable, this shall not affect the validity of the remaining provisions. Amendments and supplements to these GTC must be made in writing.