The aims of EMEA Recruitment GmbH (“EMEA”) are to successfully introduce suitable candidates to fill appropriate employment vacancies with the client. These general terms and conditions are valid for and applicable to all recruitment contracts for permanent placements between EMEA and the Client.
2. Fees, Expenses
Only when a client contracts to employ a candidate introduced by EMEA shall he be liable for any fees for recruitment services rendered by EMEA.
The fees for a successfully concluded placement by EMEA are due upon agreement on the employment of a candidate introduced by EMEA by the client and calculated based on the total annual gross salary of the candidate, as stipulated in the contract of work (incl. any bonus and 13th salary).
Standard fees are 33% of the candidate's gross annual salary as above plus VAT in accordance with the presently valid provisions.
If the client employs a candidate introduced by EMEA within 12 months of the date of introduction, EMEA are entitled to their full introduction fees in accordance with para. 2 and 3 above.
Any costs arising from graphological or other tests and advertising, etc. will be charged to the client on a cost only basis - irrespective of whether an employment contract is concluded between the Candidate and the Client or not.
Candidate's potential traveling expenses and other expenses shall be borne directly by the client. Unless otherwise agreed, EMEA Recruitment GmbH does not reimburse candidates for traveling and out-of-pocket expenses in connection with attending an interview with the client.
The standard guarantee period is 1 month from the start date of the specific contract. In the event that an engagement terminates (whether by expiry of notice or otherwise) within the guarantee period and provided: (i) the Client notifies EMEA in writing of the termination of engagement within seven days of such termination; and (ii) the Client or its subsidiary or associated company shall not engage the Candidate within twelve months from the date of such termination; and (iii) the termination is not due to redundancy, restructuring; and (iv) all monies due from the Client have been paid in accordance with these terms and conditions then EMEA shall endeavour to find a replacement at no extra cost to the Client except for agreed additional advertising costs.
There will be no refunding of any fees and/or expenses to the Client in any event.
A Candidate's CV is provided in strict confidence to the Client only for its information. The Client undertakes to keep all personal information relating to Candidates in strict confidence and not to disclose such information to any third parties without the prior written consent by EMEA. Direct references on the Candidate may only be requested by the Client upon the prior written approval by the Candidate.
5. Interim Recruitment
Unless otherwise agreed, EMEA is free to submit the Candidates's CV to other clients until it has been notified by the Client that an employment contract has been concluded with the Candidate.
6. Payment Conditions
The fee and the expenses as per 2. (Fees, Expenses) above are due upon conclusion of an employment contract between the Client and the Candidate introduced by EMEA. The invoice is payable within 14 days after receipt.
In the event of late payment EMEA is entitled to charge interest on all overdue invoices at a rate of 0.2% per day. The Client is further responsible to reimburse EMEA for all expenses arising out of or related to such delay (administration costs, legal fees, collection agency fees etc.).
7. Place of Performance, Applicable Law and Jurisdiction
Service of any correspondence and other deliveries must be addressed to the registered address of EMEA (Europe Middle East and Asia Recruitment GmbH, Baarerstrasse 38, CH-6300 Zug, Switzerland, Tel: 0041 41 588 0280).
The recruitment contract is governed by the substantive laws of Switzerland.
Exclusive place of performance and jurisdiction is Zug, Switzerland.