PLACEMENT ORDER


 

APC International

1. Preamble

APC International with its head office located in Lucerne holds the official permits from the State Secretariat for Economic Affairs (seco) required for both national and international personnel placement and is therefore authorised to place Candidates in Switzerland.

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 Candidate to a potential Employer.

2. Assignment Responsibility by APC International

APC International execute the following processes in accordance with Swiss 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;
  • Organisation of interviews and supporting the Employment Agency during the introductory stages of their Candidate;
  • Based on the agreed conditions, to invoice the Employer and credit the Employment Agency. In summary, APC International execute the Placement Order 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 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 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 use the account on CHPORT for recruitment activities only. Unused accounts will be deactivated.

4. Financial Process

APC International submits the commission payable in its name to the Employer 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 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 APC International applies a services fee of:

  • 6% (excluding VAT) up to 50'000 CHF of the net placement fee, per invoice issued;
  • 4% (excluding VAT) above 50'000 CHF of the net placement fee, per invoice issued;
  • 2.5% (excluding VAT) above 100'000 CHF of the net placement 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.

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. 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.

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. "

6. Closure Rules

These Terms & Conditions, as accepted with the placement of a Candidate, are valid for the duration of the entire transaction in relation to a Candidate and cannot be terminated. APC International reserves the right to refuse the 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 EXCLUSIVELY
Place of Jurisdiction is Canton Lucerne/Switzerland

APC International GmbH

APC International GmbH
Rösslimattstrasse 4
CH-6005 Luzern
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

APC Flex

1. Preamble

APC Flex with its head office located in Zurich holds the official permits from the Office for Economy and Labour Zurich required for both personnel placement and temporary staffing/contracting assignments and is therefore authorised to place Candidates in Switzerland.

Following on from the recruitment activities managed by APC International, with this granted Placement Order, APC Flex (i.e. the Employer) will be engaged by an Employment Agency as the main intermediary in this established relationship to manage all onboarding and payroll associated activities for Candidates successfully selected for temporary staffing/contracting assignments with a potential Hiring Company.

2. Assignment Responsibility by APC Flex

APC Flex execute the following processes in accordance with Swiss Legislation governing Confidentiality Duty, Data Protection, Personality Protection:

  • Acceptance of Candidates via electronic submission (chport.com) for the purpose of onboarding & payroll associated activities;
  • At staff hire: execution of the necessary temporary staffing/contracting assignment contracts such as:
    • a combined Placement and Framework Employment Contract between APC Flex (Employer) and the Candidate
    • a Staff Leasing Contract between APC Flex (Employer) and the Hiring Company.
  • Monitoring, accounting and remuneration of agreed and completed working times to leased out employees.
  • Registration, accounting and settlement of all legally required social contributions payable, including AHV/IV/EO (statutory social security), child allowance, holiday payments, compensation for public holidays, accident insurance, loss of wages due to illness, pension contributions, etc.
  • Based on the agreed conditions, to invoice the Hiring Company and credit the Employment Agency. In summary, APC Flex execute the Placement Order on behalf of the Employment Agency. In general, the conditions agreed between the Hiring Company and APC Flex apply.
  • Ensuring compliance with CBA on Staff Leasing regulations (NB: Collective Bargaining Agreement Staff Leasing).
  • To inform the Employment Agency in case of any contract changes i.e. extension, salary adjustments etc. to a Candidate's initial temporary staffing/contracting assignment,

3. Assignment Responsibility of the Employment Agency

In compliance with Swiss 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 for temporary staffing/contracting assignments via APC Flex and to guarantee the Candidate's agreement and adherence to the rules of placement;
  • To provide APC Flex with all required documentation and information about the Candidate necessary to process a successful temporary staffing/contracting assignment, and to guarantee that all documentation and information has been verified.

4. Financial Process

APC Flex submits the commission payable in its name to the Hiring Company when a contracting placement was successful. A placement is considered successful once the Candidate has been introduced to a Hiring Company, a combined Placement and Framework Employment Contract has been signed by both the Candidate as well as APC Flex and the Candidate has started working according to the temporary staffing/contracting assignment contracts. Employment Agencies and APC Flex are not entitled to any compensation where a Placement Order was rejected.

When processing a successful temporary staffing/contracting assignment APC Flex applies a services fee calculated on the reported hours worked by the Candidate and approved by the Hiring Company of:

  • 2/3 (excl. VAT) of the gross margin, calculated as follows: APC Flex's net invoicing amount - (Candidate's gross salary + associated payroll & insurance costs)

After receiving the payment from the Hiring Company, APC Flex transfers the owed share of the payment received to the account of the Employment Agency.

5. Closure Rules

These Terms & Conditions, as accepted with the placement of a Candidate, are valid for the duration of the entire transaction in relation to a Candidate and cannot be terminated. APC Flex reserves the right to refuse the 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 EXCLUSIVELY
Place of Jurisdiction is Zürich/Switzerland

APC Flex GmbH

Schifflände 22
CH-8001 Zürich
Tel: +41 (0)43 497 29 00
Email: flex@apc-i.com
APC Website: www.apc-chport.com
Agency Portal: www.chport.com
VAT: CHE-490.261.290