Terms and Conditions for Recruitment Agencies

About the job

Terms and Conditions for Recruitment Agencies

If our job advertisement states that we do not accept dossiers, please take note of this.

Scope

These General Terms and Conditions (GTC) govern the conditions applicable to the placement of personnel at green.ch AG and Green Datacenter at all locations (hereinafter referred to as "Green") by "recruitment agencies".

The contract between Green and the recruitment agency is only concluded by the written acceptance of these GTC. By submitting a candidate's dossier to Green, the recruitment agency fully acknowledges these GTC. Divergent general terms and conditions of the recruitment agency are expressly excluded. The current and binding version of the GTC is accessible on our website.

These GTC also apply to individual assignments, unless the respective contracts explicitly deviate from them.

Scope of services and obligations of the recruitment agency

The recruitment agency undertakes the selection and recruitment of management and specialist personnel for permanent positions on behalf of Green. The recruitment agency guarantees that the candidates presented are suitable for the position to be filled. The recruitment agency is obliged to assess the suitability of the proposed candidates for the advertised position in a personal interview (including digital) before sending a complete dossier to Green. The services of the recruitment agency include in particular: description of the candidate or summary of the interview and reference checks, compilation of the CV written by the candidate, all certificates, diplomas and other documents relevant to the application. It must be ensured that candidates are informed about the submission of the dossier.

Additional services of the recruitment agency such as advertisements in print or online media, assessments, aptitude tests and personality analyses as well as travel expenses will only be reimbursed by Green if this has been expressly and in writing agreed before the provision of these services.

The recruitment agency confirms compliance with the legal provisions concerning recruitment. A copy of the operating licence from the cantonal employment office according to the Employment Placement Act (AVG) and Employment Placement Ordinance (AVV, SR 823.111) and a copy of the permit from the State Secretariat for Economic Affairs (SECO) must be attached to the dossier.

The placement of personnel does not grant the recruitment agency an exclusive right of placement. Green may also act independently with regard to the respective position and involve other recruitment agencies.

Green is entitled at any time until the candidate signs the employment contract to withdraw from the contract without any cost consequences.

Placement fee / conditions

Green owes the recruitment agency the placement fee only if an employment contract is signed between Green and the candidate recruited by the recruitment agency for the advertised position. If no employment contract is concluded between Green and the candidate, Green owes no placement fee to the recruitment agency. A placement fee is also not owed in the following cases:

• if a candidate applies to Green independently or previously through another recruitment agency;
• if a candidate, after their personnel dossier has initially been submitted for a position at Green, applies for other positions at Green;
• if a candidate, after their personnel dossier has been submitted for a position at Green, is subsequently rejected by Green but is nevertheless employed in the same position after a period of six months.

The following fee rates apply:

Gross annual salary (fixed) Fee rate

Up to CHF 80,000 10%

CHF 80,001 – 100,000 12%

CHF 100,001 – 130,000 15%

CHF 130,001 - 150,000 16%

CHF 150,001 to CHF 180,000 18%

CHF 180,001 to CHF 200,000 20%

Over CHF 200,001 22%

For part-time contracts (less than 80%), the applicable fee rate is determined on the basis of the gross annual salary assuming full-time employment. The placement fee amounts to two-thirds of this value.

The placement fee covers all services (including expenses) of the recruitment agency, plus VAT. The payment of all other taxes as well as further expenses or fees is the responsibility of the recruitment agency. The placement fee becomes due upon conclusion of the contract between the candidate and Green.

As soon as the placement fee is due, the recruitment agency shall invoice it with a payment term of 30 days.

Success guarantee and refund of the placement fee

The placement fee must be refunded by the recruitment agency to Green within 30 days after notification of termination of the employment relationship between Green and the candidate or non-commencement:

1) The placed candidate does not take up the position: refund of 100% of the placement fees, unless the candidate is unable to take up the position due to Green's fault.

2) Termination of the employment contract within the contractually agreed probationary period: refund

• In the first month 100%
• In the second month 75%
• In the third month 50%

If a candidate placed by the recruitment agency leaves Green within the first 6 months after starting the position or if Green terminates the contract within this period for performance and/or behavioural reasons, the recruitment agency must refund Green 50% of the success fee. Excluded from this are reasons for termination of the employment relationship that are not within the recruitment agency's sphere of influence: illness, accident, job cuts or reorganisation.

3) Termination of the employment contract within one year of its conclusion if the employment would have been prevented by disclosure of information known to the recruitment agency: refund of 100% of the placement fees. This also applies if the relevant information should have been known to a diligent recruitment agency. In such cases, Green also reserves the right to claim compensation from the recruitment agency for the higher actual expenses related to the termination of the employment relationship.

Data protection

Each contracting party undertakes to comply with the applicable data protection legislation within its area of responsibility.

Confidentiality

The parties treat all information and data from the contractual relationship confidentially, which are neither obvious nor publicly accessible, even if they are not marked as confidential. In case of doubt, all information and data are to be treated as confidential. Statutory disclosure obligations remain reserved.

The duty of confidentiality exists even before the conclusion of the contract and continues indefinitely after termination of the contract.

The duty of confidentiality applies towards third parties. No breach of confidentiality occurs when confidential information is passed on within one's own company or to involved third parties, provided the disclosure is necessary for the fulfilment of the contract.

Lupfig, 12.09.2022