GENERAL TERMS AND CONDITIONS OF EMPLOYEES ASSIGNMENT
Adhikari Ltd. for employees assignment services (further in text: Adhikari Agency) is an employer who, based on the Employment Assignment Contract (further in text: Contract), assigns the employee (further in text: Agency Worker) to another employer (further in text: Beneficiary), for performing the temporary work.
Adhikari Agency concludes a Contract with the Beneficiary, and an Employment Contract (further in text: EC) with the Agency Worker, for temporary employment.
Within the Contract, the Beneficiary selects the model of work for the assigned Agency Worker.
The Beneficiary is obliged to assign the employee to the tasks from the Contract and follow the Beneficiary’s order. The same applies to the working hours of an Agency Worker who is assigned to perform temporary work.
The Beneficiary is obliged to comply with the General Terms and Conditions, with the Contract, and all legal regulations. In case of non-compliance with the Contract provisions, the Beneficiary is obliged to compensate the caused damage to Adhikary Agency.
Adhikary Agency and the Beneficiary can change some parts of the General Terms and Conditions by Contract.
The Beneficiary is obliged to provide the assigned workers with working conditions that are following all applicable Croatian laws, and regulations governing the health and safety at work, and special protection of certain groups of workers. The Beneficiary is obliged to treat the assigned workers the same way as other Beneficiary’s workers, and to provide them the same working and social conditions. The Beneficiary can not directly or indirectly discriminate against assigned workers, in no case.
Before signing the Contract, the Beneficiary is obliged to submit to the Adhikary Agency all data relevant for determining the amount of the contracted salary for the assigned Agency Worker, following the Labor Law.
A working hour from Monday to Saturday, from 06:00 to 22:00 is calculated as a regular hour. Night work is considered between 22:00 and 06:00.
Saturday working hours worked by the Agency Worker are considered overtime when the full fund of weekly hours is reached, according to the Labor Act (these hours also include holidays).
Overtime is calculated by increasing the regular working hour by 20%.
Work on Sundays, holidays and night work is calculated by increasing the regular working hour by 30%.
Additions do not accumulate.
The EC of the Agency Worker can be concluded full-time or part-time, following the Labor Law.
The fund of regular working hours is defined by the Contract.
Adhikari Agency will charge the Beneficiary the gross salary or salary compensation of the Agency Worker, plus the costs at the expense of the employer (gross II), the agency fee defined by the Contract, and the cost of accommodation.
Recruitment and selection may be the responsibility of the Adhikary Agency or the Beneficiary, which shall be regulated by the Contract.
SAFETY AT WORK
Before the commencement of work, the Beneficiary is obliged to inform the assigned workers about the special working conditions, as well as regulations on safety at work. Unless otherwise agreed, the Beneficiary is obliged to provide the assigned workers with protective clothing and equipment without any compensation. The assigned worker has the right to refuse to perform the agreed work, or refuse to continue performing the work, due to defective protective clothing and equipment, or due to lack of them. The assigned employee is obliged to immediately inform the Adhikari Agency about this situation. If the Beneficiary does not immediately correct the omissions, and the assigned employee, therefore, does not perform the pre-agreed work completely, the Beneficiary is obliged to pay the Agency a full fee as if the job was done completely.
Concerning the assigned Agency Worker, the Beneficiary is considered the Employer, in terms of obligations to apply the provisions of the Labor Law and other regulations governing health protection, work safety, and the special protection of certain groups of workers.
Mandatory medical examinations are the responsibility of the Beneficiary.
In case the assigned Agency Worker suffers an injury at work, during the work at the Beneficiary, the Beneficiary is obliged to immediately inform the Adhikari Agency in written form about this situation. The Beneficiary is obliged to inform the competent services immediately after the occurrence of the obligation.
WORK RECORDS AND BILLING
The organization of work, work time, working hours schedule, and keeping records about the presence of the assigned worker are the obligations of the Beneficiary. The Beneficiary is obliged to do the above following the provisions of the Labor Act and other regulations. In case the Beneficiary acts contrary to the provisions of the law and regulations, the contracting parties agree that the Adhikary Agency will not be responsible for the same, but only the Beneficiary.
The Beneficiary undertakes to keep records of working hours in three identical copies, which are certified and signed by the Beneficiary and the Agency Worker at the end of the month.
One copy is for the Adhikary Agency, one for the Beneficiary, and one for the Agency Worker.
The Beneficiary is obliged to inform the Adhikary Agency about the absence of the Agency Worker, immediately after the absence, and no later than within 24 hours from the absence of the Agency Worker.
The Beneficiary is obliged to inform the Adhikary Agency in written form within 3 days from the day of the serious breach of the employment obligation.
Adhikary Agency is obliged to provide the Beneficiary with a replacement for the assigned Agency Worker, within the period defined in the Contract.
Based on the received working hours records and other costs related to the assigned Agency Worker, Adhikary Agency sends an invoice to the Beneficiary for the previous billing period (month), by the 5th of the month, and the Beneficiary is obliged to pay the invoice by the 10th of the month.
EQUIPMENT FOR WORK
Equipping the assigned Agency Worker with the necessary equipment is the responsibility of the Beneficiary.
RESTRICTIONS ON THE USE OF AGENCY WORKERS
The Labor Law prohibits the conclusion of Employees Assignment Contract in the following cases:
- To replace the worker at the Beneficiary who is on strike,
- For jobs performed by workers for whom the Beneficiary carried out the collective redundancy procedure referred to in Article 127 of the Labor Act in the previous period of six months,
- For jobs performed by workers whose employment contracts were terminated by the Beneficiary due to collective redundancy procedure in the previous period of six months,
- To perform jobs that are, according to the regulations of work safety, declared as jobs with special working conditions, and the assigned worker does not meet those special conditions,
- To transfer workers to another agency.
The beneficiary may not use the work of the same assigned worker to perform the same tasks for an uninterrupted period of more than three years unless this is necessary due to the replacement of a temporarily absent worker, or due to some other objective reasons permitted by a collective contract.
TAKING OVER AGENCY WORKERS
In the case that the Beneficiary concludes a part-time contract, employment contract, or business cooperation contract with the assigned employee, or forward the data about the assigned employee to a third party who then concludes a part-time contract, employment contract, or business cooperation contract with the same employee, the Beneficiary is obliged to pay compensation of 10,000.00 HRK per worker.
In case of death, bodily injury, illness, or professional disease of the assigned employee, the Beneficiary undertakes to reimburse the Agency the entire amount for which the Agency ensures the temporarily assigned employee from costs, losses, damages, and/or expenses (including court costs).
If either the Agency or the Beneficiary is prevented from fulfilling its contractual obligations due to force majeure, they are obliged to immediately inform the other party in written form about the reasons of delay, which can be considered force majeure. If the delay lasts longer than 30 days, either party can immediately submit written notice of the Contract termination, in which case the Beneficiary is obliged to pay the Agency all unpaid invoices issued following these General Terms and Conditions.
Authorized representative for Adhikary Agency Ltd.
Valentina Florjanić, director