PLACEMENT ORDER

1. Preamble

APC International with its head office located in the canton of Zurich holds the official permits from the State Secretariat for Economic Affairs (seco) as well as the permit from the Office of Economic Affairs Liechtenstein (AVG), required for both national and international personnel placement and authorising it to place Candidates in Switzerland and Liechtenstein respectively.

With the granted Placement Order, APC International will be engaged by an Employment Agency as the main intermediary in this established relationship to refer and manage the recruitment process for a potential Retained Search Agreement and/or a Candidate to a potential Employer.

2. Assignment Responsibility by APC International

APC International executes the following processes in accordance with Swiss and Liechtenstein Legislation governing Confidentiality Duty, Data Protection, Personality Protection:

• Acceptance of Candidates via electronic submission (chport.com) for the purpose of filling a vacancy;
• Preparation of Candidate submissions in the format requested by the potential Employer;
• Transfer of Candidate submissions in the required format;
• Supporting both Employer and Employment Agency throughout the recruitment process;
• Based on the agreed conditions, to invoice the Employer and credit the Employment Agency. In summary, APC International executes the Placement Order and/or Retained Search Agreement on behalf of the Employment Agency. In general, the conditions agreed between the Employer and APC International apply.

3. Assignment Responsibility of the Employment Agency

In compliance with Swiss & Liechtenstein Data Security and Protection Legislation and the General Data Protection Regulation (GDPR), the Employment Agency is obliged:

• To inform its Candidate about the placement procedure via APC International and to guarantee the Candidate’s agreement and adherence to the rules of placement;
• To guarantee the Candidate’s agreement to submission of the Candidate’s data through CHPORT for open vacancies of potential Employers;
• To follow due process at all times and not to submit any Candidate data directly to any Employers but via CHPORT only;
• To provide APC International with all required documentation and information about the Candidate necessary to submit an application, and to guarantee that all documentation and information has been verified;
• To ensure that the registered Employment Agency profile details, and bank details in particular, are regularly reviewed and kept up to date at all times;
• To use the account on CHPORT for recruitment activities only. Unused accounts will be deactivated after 12 months.

4. Financial Process

APC International submits the commission payable in its name to the Employer for a Retained Search Agreement and/or when a placement was successful. A placement is considered successful once the Candidate has been introduced to an Employer and an employment contract has been signed. Employment Agencies and APC International are not entitled to any compensation where a Retained Search Agreement and/or a Placement Order was rejected. APC International has to be advised of any extraordinary conditions agreed between the Employer and the Employment Agency prior to the Candidate application having been submitted.

When processing a successful placement and/or a Retained Search Agreement, APC International applies a services fee of:

• 7% (excluding VAT) up to 65’000 CHF of the net placement and/or Retained Search fee, per invoice issued;
• 5% (excluding VAT) above 65’000 CHF of the net placement and/or Retained Search fee, per invoice issued;
• 3.5% (excluding VAT) above 110’000 CHF of the net placement and/or Retained Search fee, per invoice issued.

After receiving the payment from the Employer, APC International transfers the owed share of the payment received to the account of the Employment Agency.

It is the responsibility of the Employment Agency to ensure compliance with any sanctions induced limitations and and/or restrictions attributable to individuals.

In the event of country-specific sanctions and/or resulting stricter compliance regulations, APC International reserves the right to introduce a temporary holding period for payment transactions.

For any additional work involving re-advertisement, APC International will charge the Employment Agency based on the work involved.

5. Legal Basis for Foreign Employment Agencies

Art.2 par. 3 of the Swiss Federal Law on Job Placement and Recruitment Services (AVG) requires a compulsory permit for all placements from abroad. In art.3 par. 1 of the AVG states that the granting of a permit is conditional upon an entry into the Swiss Commercial Register. Such an entry is not granted to foreign Employment Agencies unless they have a registered Office in Switzerland. Direct placement of Candidates in Switzerland by foreign Employment Agencies is therefore prohibited.

Employment Agencies operating outside of Switzerland may offer their recruitment services online, however, if the Employment Agency has the intention to place Candidates cross-border into Switzerland, then this is considered a violation of the Foreign Placement Rules. According to art.39 par.2 lit of the AVG. By such contravention both the Employment Agency as well as the cooperating Company are liable to prosecution.

APC International is required to report any recruitment activities in breach of Swiss Laws to the State Secretariat for Economic Affairs (seco) immediately and no later than 72 hours.

In general, it is prohibited to advertise any vacancies of Employers who use APC International as their recruitment intermediary. If an Employer instructs a foreign Employment Agency to advertise their vacancies, the foreign Employment Agency has to consider the following restrictions stipulated by Swiss Federal Law:

• For offers published in newspapers, on the web or on your website: you shall advertise under your own name and mention your partner APC International in Switzerland; you have to indicate that all preselected applications will be forwarded to the Swiss partner APC International and be processed by your Swiss partner APC International according to Swiss law.

Similar laws and restrictions apply to Liechtenstein.

6. Data Protection

APC International warrants to comply with the Swiss Federal Data Protection Act and Regulation (EU) 2016/679 (General Data Protection Regulation). APC International shall only use and retain Candidate data, provided for the sole purpose of agreed Candidate recruitment & placement activities, solely for the duration of its intended purpose or as required by applicable laws, regulations or contractual agreements. When no longer required, APC International shall delete personal data & documents.

In addition, the Placement Order statements shall apply where personal data is being processed and it is the Employment Agency’s obligation to inform Candidates thereof. APC International and the Employment Agency hereby agree that both parties act as Data Controllers regarding the processing of personal data with both parties being independently responsible for complying with the applicable data protection laws.

7. Closure Rules

These Terms & Conditions, as accepted with a Retained Search Agreement and/or the placement of a Candidate, are valid for the duration of the entire transaction in relation to a Retained Search Agreement and/or a Candidate and cannot be terminated. APC International reserves the right to refuse the Retained Search Order and/or Placement Order in case of non-adherence to the Terms & Conditions set out in this Placement Order or any other serious related issues.

Any other issues, not covered by this Placement Order, will be governed by the rules of art.530 et seq. or the rules on Ordinary Partnership. Any additional side agreements, supplements and modifications of this contract require to be submitted in written form.

Each Party is bound by the duties of non-Disclosure according to the Regulation on Personnel Consulting as well as the Jurisdiction of the Swiss Federal Law.

THE TERMS & CONDITIONS OF THIS CONTRACT ARE GOVERNED BY SWISS LAW EXLUSIVELY
Place of Jurisdiction is Canton Zurich/Switzerland

APC International GmbH

Tel: +41 43 497 29 00
Email: info@chport.com
APC Website: www.apc-chport.com
Agency Portal: www.chport.com
VAT: CHE-113.589.778 MWST