General Terms and Conditions for Temporary Staffing/Projects

This document contains the General Terms and Conditions used by Person of Interest Recruitment and applicable to all current and future quotations, requests, assignments and agreements between Person of Interest Recruitment and its clients. Person of Interest Recruitment is registered with the Chamber of Commerce in Dubai under number 96482621. If and insofar as Person of Interest Recruitment carries out one or more of the activities listed below, and an agreement, request, quotation or assignment to that effect exists between Person of Interest Recruitment and a client, the corresponding General Terms and Conditions shall apply.

These General Terms and Conditions shall also apply to any new specialisations and/or business units established by Person of Interest Recruitment that are not mentioned in these terms, insofar as such entities carry out one or more of the activities referred to above.

The term ‘client’ shall also include its representative(s), authorised representative(s), assigns, legal successor(s) and heir(s), whether natural persons or legal entities. Person of Interest Recruitment shall at all times be entitled not to accept assignments or to return them if, in the opinion of Person of Interest Recruitment, the client’s creditworthiness proves insufficient. Assignments shall be settled based on the status at that time. These General Terms and Conditions, in particular the provisions relating to the costs of taking over personnel deployed or proposed by Person of Interest Recruitment, shall remain fully applicable.

The applicability of any terms and conditions used by the client is expressly excluded at all times, except where deviations have been explicitly agreed in writing. These General Terms and Conditions are valid as of 3 March 2025 and have been filed with the Chamber of Commerce in Dubai under number 96482621.

Article 1 General

1.1 These provisions relate to the performance of assignments on a temporary staffing basis, project basis or interim basis by deploying personnel for the execution of an assignment, part of an assignment or specifically described activities on behalf of the client. For this purpose, Person of Interest Recruitment deploys personnel. This may include permanent employees of Person of Interest Recruitment, employees hired for the duration of the assignment or agreed period, or personnel deployed on another temporary basis, whether or not hired through third parties. Finally, this may also include a self-employed contractor without employees (ZZP’er) engaged by Person of Interest Recruitment.

1.2 The agreement referred to above may, from a legal perspective, qualify either as a contract for services or as a contract for work. If a provision specifically relates to only one of these agreements, this shall be stated in the provision itself.

1.3 The term personnel of Person of Interest Recruitment, or staff member as referred to in these terms, shall include, among others, permanent employees of Person of Interest Recruitment, employees engaged for the duration of the assignment or agreed period, and personnel deployed on another temporary basis, whether or not hired through third parties. This also includes a self-employed contractor without employees (ZZP’er) engaged by Person of Interest Recruitment.

1.4 These project terms shall also apply to the phase preceding the conclusion of the agreement, such as requests, assignments and quotations, as well as to future agreements.

Article 2 Assignment Confirmation

2.1 Each temporary staffing, project or interim assignment shall be confirmed by Person of Interest Recruitment to the client by means of a written assignment confirmation, with reference to these General Terms and Conditions.

2.2 An assignment confirmation shall include the following specifications:

• project name, project number, project description and/or specifically described activities;
• the fee to be charged by Person of Interest Recruitment to the client (excluding VAT);
• the start date and the expected duration of the project;
• any other provisions applicable to the relevant assignment.

2.3 The fee consists of a contract sum and/or an hourly rate, if applicable including irregular hours allowances and overtime, as well as chargeable material costs, travel expenses and/or other costs.

2.4 From the moment, and therefore not earlier than, when a candidate or staff member introduced by Person of Interest Recruitment to the client in the context of or for the execution of a temporary staffing, project or interim assignment, including a stated fee, enters into employment or is in any other way actually engaged by the client, by group companies affiliated with the client, or by otherwise affiliated undertakings, whether or not through third parties, within twelve (12) months after that introduction, the client shall owe compensation equal to 50% of that fee, being the contract sum or the hourly rate multiplied by the estimated number of hours. If an hourly rate has been stated but no number of hours has yet been estimated, seven hundred and fifty (750) hours shall be used for this calculation.

2.5 Unless the client has submitted a written objection before the commencement of the activities or, if that period is shorter, within eight (8) days after dispatch of the assignment confirmation, the assignment confirmation shall be deemed to accurately and fully reflect the agreement.

2.6 The client is not permitted to disclose any data relating to candidates proposed by Person of Interest Recruitment to third parties without the prior written consent of Person of Interest Recruitment. In the event of a breach of this provision, the client shall owe Person of Interest Recruitment an immediately payable penalty of EUR 30,000 per breach, without prejudice to the right of Person of Interest Recruitment to claim full compensation for damages from the client.

2.7 Person of Interest Recruitment shall not be liable for exceeding the previously established estimated duration of the execution of the assignment.

Article 3 Project Progress

3.1 The personnel deployed by Person of Interest Recruitment shall maintain a time sheet and/or progress report for the agreed assignment. The client shall ensure that the number of hours worked, overtime and the applicable rate category are completed accurately and clearly, and shall sign the time sheet and/or progress report for approval.

3.2 The client guarantees the authority to sign of its personnel and accepts responsibility for the signing of time sheets and/or progress reports and the invoicing related thereto.

3.3 Person of Interest Recruitment undertakes to transfer all data and achieved results to the client in the performance of the assignment. All rights in relation to improvements and developments, insofar as they arise directly from the work performed by Person of Interest Recruitment for the client, shall vest in the client.

3.4 Complaints relating to the manner of performance, the progress of the assignment and/or the quality of the delivered work must be reported to Person of Interest Recruitment immediately, with reasons, and in writing, failing which any right the client may derive therefrom shall lapse. Complaints shall be handled in consultation between the client and Person of Interest Recruitment. Complaints or claims shall not suspend the client’s payment obligation.

Article 4 Invoicing

4.1 Invoicing shall be based on subsequent calculation of the number of hours worked. This shall not apply if the assignment has been agreed on the basis of a fixed contract sum.

4.2 The invoices to be submitted periodically by Person of Interest Recruitment shall be prepared on the basis of the time sheets and/or progress reports signed for approval by the client or its personnel.

4.3 Overtime and irregular hours allowances shall be charged to the client at the applicable special rate. The point of departure shall always be the collective labour agreement or the client’s own company scheme applicable to the client.

4.4 Expenses not specified in the assignment confirmation and incurred by a staff member of Person of Interest Recruitment in connection with the execution of the project shall be charged to the client.

Article 5 Payment

The payment term for invoices sent by Person of Interest Recruitment is fourteen (14) days after the invoice date. In the absence of payment within the stipulated term, the client shall be in default without any further notice of default being required and without any right of set-off on the part of the client.

Article 6 Liability

6.1 The party that bears responsibility for the project pursuant to the following paragraphs also accepts liability for any loss or damage suffered as a result of negligence or shortcomings of the personnel deployed for the project.

6.2 In the case of activities performed at the client’s location or at the location of the client’s own customer in the context of the execution of an assignment, those activities shall take place under the full responsibility, management and supervision of the client, unless expressly agreed otherwise in writing. With regard to personnel deployed by Person of Interest Recruitment, the client shall be responsible for compliance with the statutory obligations regarding safety and working conditions, insofar as the activities take place at the client’s location.

6.3 The client is obliged to provide Person of Interest Recruitment with all cooperation required to perform the agreed assignment and bring the assignment into effect. This also includes carrying out any necessary improvements and remedying errors in the work performed insofar as this can reasonably be required. In the absence of such cooperation, Person of Interest Recruitment shall be released from its obligations under this agreement.

6.4 The client indemnifies Person of Interest Recruitment against any claims by third parties, on whatever basis.

Article 7 Interim Amendment and Termination

7.1 Any amendment, extension or reduction of the assignment shall not take effect unless Person of Interest Recruitment has confirmed this to the client in writing. Termination by the client is possible at all times, subject to a notice period of one month. Both parties are entitled to terminate the agreement with immediate effect if either party has been declared bankrupt or granted suspension of payments.

7.2 In the event referred to in Article 7.1, settlement shall take place on the basis of the status of the assignment and the costs incurred.

7.3 Person of Interest Recruitment shall be entitled to pass on in whole or in proportion one or more of the following cost increases in the fee during the term of the agreement:

• any change, as a result of a government measure or another binding regulation, in the remuneration or employment conditions of the deployed personnel;
• any change in social charges or premiums, any change in tax legislation, the introduction by generally binding regulation of new levies or premiums, or any change in the employer’s contribution therein.

Article 8 Replacement of Personnel

8.1 In the event of illness lasting less than eight (8) weeks of personnel deployed for an assignment or interim assignment, Person of Interest Recruitment shall not be obliged to arrange immediate replacement of such personnel.

8.2 In the event of illness lasting longer than eight (8) weeks, Person of Interest Recruitment and the client shall consult with each other regarding replacement of the deployed personnel. Person of Interest Recruitment shall in that respect have a best-efforts obligation.

8.3 In the event of interim termination of employment, suspension, notice, dismissal or any other form of unavailability of personnel deployed for an assignment or interim assignment, Person of Interest Recruitment shall likewise have a best-efforts obligation to find, in consultation with the client, an adequate solution as soon as possible.

Article 9 Wages of Deployed Personnel

Person of Interest Recruitment guarantees payment of the wages of the personnel deployed for the execution of an assignment or interim assignment.

Article 10 Taking Over Personnel

10.1 The client is not permitted to employ personnel of Person of Interest Recruitment during the execution of an assignment or during the twelve (12) months following its completion, regardless of the reason for termination, without the written consent of Person of Interest Recruitment or other than within the framework of a written agreement with Person of Interest Recruitment, nor to deploy such personnel in any other comparable way, whether or not through third parties. The client guarantees that companies affiliated with the client shall also observe the provisions of this article. The client is, however, permitted to take over personnel of Person of Interest Recruitment free of charge after such personnel have worked 2,080 hours for the client.

If the client, whether directly or through third parties, enters into an employment relationship with personnel of Person of Interest Recruitment made available to it on the basis of a fixed-term or indefinite-term agreement before the staff member has worked 2,080 hours, the client shall owe Person of Interest Recruitment compensation equal to 25% of the most recently applicable client rate over 2,080 hours, minus the hours already worked by the staff member on the basis of the agreement.

10.2 In the event of a breach of Article 10.1, the client shall forfeit an immediately payable penalty of EUR 30,000, increased by EUR 500 for each day or part thereof that the breach continues. This penalty is without prejudice to the other rights of Person of Interest Recruitment, including its right to full compensation for damages, whereby forfeited penalties shall not be deducted from the damages to be compensated.

Article 11 Governing Law and Jurisdiction

11.1 The agreement, as well as the request and quotation on which it is based, shall be governed exclusively by the laws of the United Arab Emirates.

11.2 If the parties cannot reach agreement in mutual consultation in the event of differences of opinion regarding the performance and/or interpretation of the agreement, each of the parties shall be entitled to submit the matter to the competent civil court. Only the civil court in Dubai shall have jurisdiction to hear disputes between the parties.