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Rechtliches

Allgemeine Geschäftsbedingungen.

Bedingungen für die Arbeitnehmerüberlassung - Rechte und Pflichten der Agentur, des Einsatzbetriebs und der überlassenen Arbeitskräfte. Die Allgemeinen Geschäftsbedingungen liegen auf Kroatisch und Englisch vor - nachfolgend die englische Fassung.

RAPID RECRUITS j.d.o.o. for temporary employment - a company registered in the Book of Records with the Ministry of Labor and Pension System under no. 383/21.

I. INTRODUCTORY PROVISIONS

Article 1.

Agency RAPID RECRUITS j.d.o.o. for temporary employment (hereinafter: RAPID RECRUITS) is an employer who, on the basis of an Employee Assignment Agreement (hereinafter referred to as: Contract) assigns the employee (hereinafter: Agency Employee) to another employer (hereinafter: User) to perform temporary work.

Article 2.

RAPID RECRUITS enters into an Agreement with the User, and an Agreement with the Agency Worker on work for temporary performance of work (hereinafter: UOR). In the Agreement, the User decides on the model of using the assigned Agency worker.

Article 3.

The User is obliged to comply with the General Terms and Conditions, the Agreement and all positive legal regulations, and in case of non-compliance with the contract, the User is obliged to compensate RAPID RECRUITS for the damage caused thereby. RAPID RECRUITS and the User may contract some parts of the General Terms and Conditions to change.

II. METHOD OF CALCULATION

Article 4.

Prior to signing the Contract, the Beneficiary is obliged to submit to RAPID RECRUITS all data relevant for determining the amount of the contracted salary of the assigned Agency Worker in accordance with Labor Law.

Article 5.

Every working hour from Monday to Friday in the first shift between 06.00 and 14.00 is calculated as a regular hour. The work period from 14:00 to 22:00 is charged 10% more than regular work in the first shift. Night work is considered between 22.00 and 06.00. The working hours worked by the Agency worker on Saturdays are overtime in the event that the full fund of hours provided for in the Labor Act is reached in the week (these hours also include holidays). Overtime is calculated by increasing the price of a regular hour by a minimum of 50%. Work on Sundays, holidays and night work is calculated so that the price of a regular hour is increased by a minimum of 50%. Additions do not accumulate.

The UOR of the Agency Worker may be concluded on a full-time or part-time basis, in accordance with the Labor Law. The fund of regular hours is defined by the Contract.

Article 6.

According to the “TEMPORARY EMPLOYMENT” model, RAPID RECRUITS will calculate for the Beneficiary the gross salary or the gross salary compensation of the Agency Worker increased by the costs charged to the employer (gross II) and the Agency Commission defined by the Contract.

Article 7.

In case the assigned Agency worker has additional costs such as transportation fees, loco driving, per diems, separate living fees, accommodation costs and entertainment, car rental, fuel costs, tolls, ferries, transportation of any kind, medical examinations, equipment with protective or another type of equipment, computers and telecommunications equipment and all other additional costs that RAPID RECRUITS has in connection with the assigned Agency employee, including income tax that the Agency is obliged to pay on non-tax-deductible costs, the same will be charged to the User by the Agency without any additional fee.

Article 8.

Recruitment and selection is the responsibility of RAPID RECRUITS or the User, which will be regulated by the Agreement.

III. SAFETY AT WORK

Article 9.

Prior to signing the Agreement, the User is obliged to inform RAPID RECRUITS in writing about all risks of the Agency Worker's work with the User related to health and safety at work, and RAPID RECRUITS is obliged to inform the Agency employee in the same way before signing the UOR.

The User is considered an Employer in relation to the assigned Agency Worker in terms of obligations to apply the provisions of the Labor Law and other regulations governing health, safety at work and special protection at work of certain groups of workers. Training, equipping and application of safety measures at work are the responsibility of the User.

Mandatory medical examinations are the responsibility of the User. In the event that the assigned Agency worker suffers an injury at work with the User, for the duration of the work, the User is obliged to immediately notify RAPID RECRUITS in writing, no later than within 24 hours from the moment of the injury at work. The user is obliged to inform the competent services about the same no later than 24 hours from the moment when the injury at work occurred.

IV. RECORDS OF PRESENCE AT WORK AND BILLING

Article 10.

The organization of work, working hours, schedule of working hours and keeping records of the presence at work of the assigned worker is the responsibility of the User. The user is obliged to carry out the mentioned in accordance with the provisions of the Labor Law and other regulations. In the event that the User acts contrary to the Law and other provisions, the contracting parties agree that RAPID RECRUITS will not be responsible for the same, but only the User.

The User undertakes to keep records of working hours on the appropriate form, provided that it is kept in 3 identical copies which are certified and signed at the end of the month by the User and the Agency worker. One copy goes to the Agency Worker, the User and RAPID RECRUITS. The User is obliged to notify RAPID RECRUITS of the absence of the Agency Worker immediately after the absence, and no later than within 24 hours from the absence of the Agency Worker.

The user is obliged to notify RAPID RECRUITS in writing within 24 hours from the day of the serious breach of the employment obligation. RAPID RECRUITS is obliged to provide the User with a replacement for the assigned Agency worker within three days.

Based on the obtained forms of records of working hours and other costs related to the assigned Agency employee, RAPID RECRUITS issues an invoice to the User for the previous accounting period (month) and increases the obtained amount by the amount of VAT.

V. MEANS OF WORK

Article 11.

Equipping the assigned Agency Worker with any means necessary for the performance of work tasks at the User, is the obligation of the User and for non-compliance with the above, it is agreed that RAPID RECRUITS is not responsible.

VI. INDEMNITY

Article 12.

The User is obliged to control the work of the Agency Worker. The Agency Worker is liable for the damage caused by the assigned Agency Worker at work or in connection with work with the User to a third party and/or the User if the damage was done intentionally, or the User if it was done unintentionally. The User is obliged to inform the Agency Worker about his tasks in order to avoid damage. In the event of damage that is done intentionally, the User, if he deems it is necessary, needs to contact the competent institutions. If the assigned Agency worker suffers damage at work or in connection with work at the User, the User is obliged to compensate the damage.

VII. RESTRICTIONS ON THE USE OF AGENCY WORKERS

Article 13.

The law prohibits the conclusion of an Employee Assignment Agreement in the following cases:

- To replace the worker at the Beneficiary who is on strike, - For jobs performed by workers for whom the Beneficiary carried out the procedure of collective redundancy in the previous period of 6 months, - For jobs performed by employees for whom the User, by business-related termination, terminated employment contracts in the previous period of 6 months, - For the performance of jobs that are according to the regulations on safety at work, jobs with special working conditions, and the assigned worker does not meet those special conditions, - For the assignment of employees to another agency, the User may not use the work of the same assigned Agency employee to perform the same tasks for an uninterrupted period longer than 3 years, unless necessary to replace a temporarily absent employee or for some other objective reasons allowed by the collective agreement.

VIII. TAKING OVER AGENCY WORKERS

Article 14.

In case the User decides to take over the Agency Worker selected by RAPID RECRUITS and sign with him the Employment Contract, the Contract of Work, the Contract of Work of the regular student or use it through any other legal or natural person or affiliated companies (except through competing temporary employment agencies), the User undertakes, regardless of the manner of use and legal form, during the term of the Contract and for 6 months after its expiry, to notify RAPID RECRUITS thereof within one month and undertakes to pay RAPID RECRUITS compensation in the amount of 100 euro in kunas equivalent of the valid middle exchange rate of the NBH.

Article 15.

In the event that the Beneficiary decides to take over and employ an Agency worker selected by RAPID RECRUITS in a competing Agency or directly in a competing agency, the Beneficiary is obliged to pay RAPID RECRUITS compensation in the amount of 3 (three) gross salaries of the worker increased by the costs charged to the employer, on a full-time basis.

Article 16.

In the event that the User has recruited and selected an Agency Worker, Articles 14. and 15. shall not apply to him.

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