General Terms and Conditions (GTC)

Rev. No.: 2023-00 / Date: 06-2023

Cura Connect GbR
Schickhardtstraße 57
70199 Stuttgart
(hereinafter "Contractor")

§1 General

These General Terms and Conditions govern the cooperation between the contracting parties in recruiting potential workers with the aim of employment as nursing professionals in the Federal Republic of Germany, in connection with the respective agreed personnel placement contracts. These General Terms and Conditions are an integral part of the personnel placement contract with the client.

The place of jurisdiction is Stuttgart. German law applies.

§2 Services

1. Cura Connect GbR supports the client on a contract basis in the placement of international nursing professionals for a location of the client in the Federal Republic of Germany. The recruited persons (candidates) are generally initially employed in Germany as nursing assistants. After full professional recognition by the German authorities, they are employed as nursing professionals.

2. The placement services of Cura Connect include, in particular, recruiting the candidates, reviewing and compiling application documents, monitoring the language training of the candidates, and managing the entry procedure. Depending on the subject of the contract, the recognition process is initiated and carried out with the regional government.

§3 Personnel Placement

1. Within the framework of personnel placement, the contractor undertakes to search for international workers in the healthcare sector ("skilled worker") on behalf of the client, in accordance with a written order issued by the client (in individual cases) ("Job Order"). The Job Order must contain information about the position to be filled, the number of required skilled workers, the monthly base salary, and the contract conditions. Acceptance of the Job Order must be confirmed by the client ("Order Confirmation").

2. The personnel placement proceeds according to the mutual understanding of the contracting parties as follows: The client issues a placement order to Cura Connect GbR by sending a Job Order in accordance with § 3 para. 1. The client creates a requirements profile for the skilled workers to be placed by Cura Connect GbR. Cura Connect GbR then selects skilled workers who best match the specifications of the requirements profile and could therefore come into consideration for the client. For these skilled workers, Cura Connect GbR sends the client a candidate profile and, if the skilled worker agrees, the complete application documents.

3. If the client also considers the proposed skilled worker to be suitable, Cura Connect GbR organizes an interview in the form of a digital interview between the client and the skilled worker. Any additional services are specified in the personnel placement contract.

4. The organization of candidates from the applicant pool who, at the start of language training, do not yet know their future employer due to organizational restrictions, takes place under the following conditions of the quality seal:

  • The candidate is transparently informed about the specifics of recruiting candidates from the applicant pool (e.g., that at the start of language training, no "matching" with an employer has taken place yet).
  • The wishes of the candidate from the applicant pool are inquired for the "matching" and the wishes for the planned recruitment with the future employer are used or ensured in such a way that the future employer considers these wishes in their candidate selection.

§4 Fulfillment of the Contract and Notification Obligations

1. The placement contract is fulfilled as soon as an employment contract has been concluded between the client and a skilled worker placed by the contractor. Contributing causation for the establishment of the employment relationship is sufficient. It is irrelevant at what point in time the employment relationship begins.

§5 Placement Fee

1. In the event of a contract being concluded with a skilled worker placed by the contractor, a fee plus the statutory value-added tax is payable.

2. The remuneration covers all other expenses incurred by the contractor for the placement of skilled workers, unless they are expenses resulting from additional agreements with the client that are not already covered by the expenses specified in the personnel placement contract.

3. All other costs and expenses become due as they arise.

4. The payment term is 14 days after receipt of the invoice by the client. Payment is made by non-cash transfer to a specified bank account of the contractor in euros.

§6 Liability / Warranty

1. The information provided by the contractor about a skilled worker is based on information and details from the skilled worker or from third parties. This information has been checked for accuracy and completeness both by the contractor as part of a candidate screening and by the responsible authority as part of the procedure for recognizing foreign professional qualifications. However, the contractor only assumes a warranty for the accuracy and completeness to the extent that it knew of or was grossly negligent in not knowing of the inaccuracy and incompleteness of the information.

2. The contractor assumes a warranty for the work performance, quality, language skills, work methods, and resilience of the placed skilled worker or their personal reliability only in accordance with the principles stated in paragraph 1, i.e., in the case of positive knowledge or grossly negligent ignorance of the circumstance giving rise to liability.

3. Cura Connect GbR is not a party to the employment contract between the client and the respective skilled worker. The skilled worker is neither a vicarious agent nor an auxiliary of Cura Connect GbR. Liability of Cura Connect GbR for damages and other obligations of the skilled worker arising from their activities and breaches of duty by the skilled worker toward the client and the institution is therefore excluded.

4. Cura Connect GbR expressly assumes no warranty that the client properly and fully fulfills or has fulfilled its due payment and other obligations toward the skilled workers employed by it, nor that the client has observed its duties under German law.

5. Furthermore, the contractor warrants, in agreement with the client, that both in the employment contracts of the positions placed/offered by the contractor and in the entire context of the placed/offered employment relationship, no provisions for binding and repayment clauses for international nursing professionals are included that conflict with the legal framework for binding and repayment clauses provided for under employment law. This also applies to possible side agreements and/or arrangements that contradict the "employer pays" principle.

6. The client undertakes to present the candidates with the job offer, the information brochure, and a written operational integration management concept. The respective concept becomes part of the employment contract. This concept, in the development of which the works council/staff council has been involved, must include the following outline points in accordance with the DKF pilot standard:

  • Foreword/Introduction
  • Preparations after recruitment
  • Arrival and the first days
  • Support with relocation management
  • Organizing the recognition process
  • Establishing integration management
  • Adapting the onboarding process
  • Accompanying team building
  • Expanding competencies
  • Addressing conflicts
  • Sponsorships and mentoring
  • Enabling social participation
  • Dealing with resignation and poaching