1. Scope of application
The following General Terms and Conditions (GTC) shall apply to all contracts, deliveries and other services or business relationships between
RecruitMed GmbH & Co.KG and the hospitals, hospital associations, facilities and sponsors (hereinafter: Customers) as well as with nursing staff
and suppliers. Insofar as the Customer also uses general terms and conditions of business, the General Terms and Conditions of RecruitMed
GmbH & Co.KG shall take precedence, unless the parties agree otherwise in writing.
2. Conclusion of contract
The prices for the services of RecruitMed GmbH & Co.KG are shown in euros and do not include the applicable statutory value added tax. The
contract between RecruitMed GmbH & Co.KG and the customer shall be concluded individually between RecruitMed GmbH & Co.KG and the
customer in each case. The contract shall also regulate the modalities regarding the accruing fees for the services of RecruitMed GmbH & Co.KG.
The contract further regulates that the prerequisite for the service of the nursing staff to be placed is the language level B1 according to the
currently valid legal provisions. This is guaranteed by RecruitMed GmbH & Co.KG. The language level is usually acquired in the home country of
the nurse in language schools operated by cooperation partners of RecruitMed GmbH & Co.KG. The nursing staff placed by the customers of
RecruitMed GmbH & Co.KG receive employment commitments or employment contracts in accordance with the respective valid German law.
3. Fair recruitment care / Employer pays principle
A) RecruitMed GmbH & Co.KG is committed to the following, internationally valid rules and standards in its work and expects its
customers that they also commit themselves to these:
B) RecruitMed GmbH & Co.KG shall not charge the nursing staff any agency fees. The customers undertake to implement and apply an
integration management concept. If required, RecruitMed GmbH & Co.KG offers support here.
The concept includes these points:
+ International human rights conventions
+ ILO core labor standards, in particular the general principles and operational guidelines for fair recruitment of the ILO
+ IRIS Standards of the International Organization of Migration
+ WHO Code of Conduct
+ Foreword / Introduction
+ Preparations after recruitment
+ Relocation management support
+ Establish integration management
+ Sponsorships and mentoring
+ Organize recognition process
+ Adapt induction
+ Accompany team building
+ Expanding competencies
+ Resolving conflicts
+ Enabling social participation
+ Dealing with dismissal and poaching
C) The „Employer Pays“ principle applies to RecruitMed GmbH & Co.KG as well as to its customers. The Employer Pays Principle is understood to
be an obligation on the part of the employer that no costs associated with the placement process must be borne by the employee. This principle is
widely recognized internationally and is supported in particular by the International Labor Organization (ILO). More detailed information on the
Employer Pays Principle and what related costs are can also be found here.
4. Change
RecruitMed GmbH & Co.KG and its customers agree in the respective individual contracts that both the placed nurse and the hospital/facility can
withdraw from the placement within the framework of the valid legal regulations. In these cases, RecruitMed GmbH & Co.KG undertakes to place
the nurse with another employer and to provide the hospital/facility with another nurse.
5. Relocation
RecruitMed GmbH & Co.KG undertakes, together with the employer of the nurse, to ensure that the nurse is able to integrate themself in their
new working environment in every respect and to support them, after consultation with the employer and under the conditions regulated in the
respective placement contract with the employer, in dealings with the authorities, visa matters, in the recognition process, and so on – so-called
relocation.
6. Payments, default of payment
6.1 The invoice amounts are due within 14 days after receipt of the invoice without deduction. No discount shall be granted for earlier payments.
The day of payment shall be deemed to be the day on which the amount is received by RecruitMed GmbH & Co.KG or the company commissioned
by RecruitMed GmbH & Co.KG.
6.2 If the Customer is in default of payment, RecruitMed GmbH & Co.KG shall be entitled to demand interest on arrears at a rate of 5% above the
prime rate (§§ 247, 288 BGB).
7. Data protection
7.1 RecruitMed GmbH & Co.KG shall observe the statutory data protection provisions and shall handle the personal data of the customers
confidentially. It is pointed out that the data necessary for the business transaction will be processed and stored.
7.2 When a contract is concluded between RecruitMed GmbH & Co.KG and a customer, the customer agrees to the EDP utilization of his data
specified in the contract, insofar as this is necessary for the order processing and legally permissible.
7.3 RecruitMed GmbH & Co.KG shall be entitled to commission third parties with the collection of the debt in the event of default and to pass on
all data required for this purpose to the commissioned parties. Furthermore, RecruitMed GmbH & Co.KG undertakes not to pass on the data for
any other purposes.
8. Liability
8.1 RecruitMed GmbH & Co.KG shall be liable exclusively in the event of intent and gross negligence in accordance with the legal provisions.
8.2 In the event of damage to property and financial loss caused by negligence, RecruitMed GmbH & Co.KG shall only be liable in the event of a
breach of an essential contractual obligation, but limited to the amount of the agency fee agreed upon conclusion of the contract. Essential
contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely.
9. Recognition procedure
In accordance with Section 40 of the Nursing Professions Act (PflBG), applicants have the option of choosing between a knowledge test and an adaptation period in order to compensate for existing differences in qualifications. It is expressly emphasized that the decision on the choice of compensation measure is the responsibility of the specialist.
10. Complaint management
Complaints can be submitted at any time by all customers and business partners along the service chain at info@recruitmed.de.
11. Place of jurisdiction and applicable law
The contractual relationships of RecruitMed GmbH & Co.KG are subject to German law. The place of jurisdiction for agreements with merchants
and legal entities under public law shall be Cologne.
12. Final provisions
Should any provision of these General Terms and Conditions of Business be invalid, the remainder of the contract shall remain valid. Instead of
the ineffective provision, the relevant legal provisions shall apply.