Personnel service providers, recruitment agencies, recruiters, headhunters as well as all designations of the occupational group with the aim of placing job seekers with companies looking for personnel with a resulting claim to commission.
For reasons of better readability, the use of gender-specific language forms is waived. All references to persons apply equally to all genders.
1 Scope of application
1.1 The present General Terms and Conditions (GTC) form the general contractual basis for the placement of job seekers (hereinafter referred to as “applicants”) to the respective personnel-seeking company of the CHECK24 Group and through a personnel consultant (hereinafter referred to as “consultant”).
We hereby inform you that we object to your GTC/conditions.
1.2 The consultant provides his services in accordance with these GTC directly to the respective CHECK24 company (hereinafter referred to as “CHECK24”). The following companies belong to the CHECK24 Group:
In any case, the rights and obligations arising from the placement of applicants arise exclusively between the consultant and the respective CHECK24 company.
1.3 By means of these GTC, CHECK24 does not enter into any obligation actually to obtain services as described in these GTC from the consultant and/or to enter into framework mediation agreements.
1.4 Irrespective of their designation, general terms and conditions of the consultant do not apply to the placement of applicants at CHECK24.
1.5 Deviations from these GTC are only made if this has been agreed in writing between CHECK24 and the consultant.
2 Subject matter of the contract
2.1 By entering the applicant details and sending them in the CHECK24 applicant management system, the present GTC for the respective placement activity of the applicant concerned are deemed to have been accepted without reservation.
2.2 Unless otherwise agreed in writing, these GTC do not grant the consultant any exclusive right to mediate and CHECK24 is free to use the services of other companies.
2.3 The primary contact person for the consultant is the contact person in CHECK24 Recruiting listed in the job advertisement. The consultant does not make direct contact with specialist decision-makers and/or employees of CHECK24. If this happens in exceptional cases, the contact person in Recruiting must be informed by the consultant at the same time.
2.4 For the consultant, the following principles apply to the submitted application data:
2.5 CHECK24 expressly reserves the right to reject application documents and/or to request supplements if they do not meet the requirements described above or are incomplete.
2.6 The consultant expressly undertakes to obtain the necessary consent from each individual applicant for the collection, processing (including storage, modification, transmission, blocking and deletion) and use of personal data. The provisions for the collection, processing (including storage, modification, transmission, blocking and deletion) and use of personal data transmitted via the applicant management system of CHECK24 can be found in the “Terms of use for the CHECK24 Job portal”, in their respective valid version and can be viewed at https://jobs.check24.de/de/datenschutzerklärung.
2.7 If CHECK24 should be confronted by applicants with claims and/or civil or criminal proceedings (e.g. due to data protection law), in particular because the consultant has failed to obtain the necessary consent from the applicant regarding the collection, processing and use of data, the consultant hereby undertakes to indemnify CHECK24 fully for all costs and compensation payments imposed on CHECK24 in this context and to reimburse fully all costs incurred by CHECK24, including legal fees, at the first written request.
3 Placement commission
3.1 Subject to a deviating written agreement, the cooperation between CHECK24 and the consultant takes place exclusively on a success basis. Accordingly, the placement commission is only owed if an employment contract is concluded between CHECK24 and an applicant mediated by the consultant and the job is taken up by the applicant (see the following Section 3.4.).
3.2 The commission is 15% of the annual gross remuneration in the first year of employment as per the employment contract (fixed salary, bonus, sign-on bonus if applicable).
The placement fee is due after the candidate has started.
3.3 The commission does not include the statutory value-added tax.
3.4 The consultant is not entitled to a commission in the following cases, if
3.5 If CHECK24 or the applicant terminates the employment contract within 6 months after taking up the position, the consultant shall reimburse the commission paid according to the following scale: up to the
3.6 If the entitlement to commission no longer applies, CHECK24 must notify the consultant of the underlying facts in writing by email within 5 working days.
3.7 After successfully placing an applicant, the consultant shall issue a VAT-compliant invoice for his commission.
3.8 The commission is due for payment when the mediated applicant starts work.
4 Non-solicitation clause
4.1 The consultant undertakes not to solicit any employees from CHECK24 for a period of 12 months after the applicant has been presented.
4.2 If this obligation is violated, the consultant shall pay CHECK24 a penalty of €10,000 per incident.
4.3 The consultant is allowed to keep in touch with the applicant whom he has referred to CHECK24, even during his employment. If an applicant expresses dissatisfaction, the consultant can report this to CHECK24. The prerequisite for passing on the information is the consent of the applicant.
4.4 CHECK24 reserves the right to further claims, in particular the right to injunctive relief and/or compensation.
5 Confidentiality
5.1 The parties undertake to treat all information exchanged with absolute confidentiality. The “Terms of use for the CHECK24 Job portal” also apply.
5.2 The consultant undertakes to take all organisational and technical measures to protect such documents, data and information from unauthorised processing and unauthorised access.
5.3 CHECK24 undertakes to process and use the personal data provided exclusively for the purpose of proper recruitment and for the execution of the contract.
5.4 These obligations continue to exist in full after an applicant has been placed with CHECK24 in accordance with these GTC.
6 Applicable law and jurisdiction
6.1 This contract is subject to the law of the Federal Republic of Germany.
6.2 The place of jurisdiction is Munich if the consultant is a merchant, a legal entity under public law or a special fund under public law. However, CHECK24 is also entitled to sue at the registered office of the personnel service provider.
7 Final provisions
7.1 All agreements made between the parties for the purpose of carrying out this recruitment must be recorded in writing.
7.2 Should any provision of these General Terms and Conditions be ineffective or unenforceable, the remaining provisions shall not be affected. The respective statutory regulation shall take the place of the invalid provision.ons shall not be affected. The respective statutory regulation shall take the place of the invalid provision.