Business terms and conditions

These terms and conditions are the basis for the agreement on the supply of temporary staffing services between Procur ApS and the user company (the client). If special conditions that deviate from these terms and conditions have been agreed in writing, the special conditions will apply.

§ 1. Salary, collective agreement and organization:

Paragraph 1. Procur ApS supplies labor (temporary workers) on pay and working conditions which, as a starting point, must be comparable to the conditions that apply to the user company's own employees, if any, who are employed on similar tasks. Provisions on this equal treatment are set out in section 3 of the Danish Temporary Agency Workers Act:

"The temporary employment agency must ensure that the temporary worker during his/her deployment to a user undertaking, with regard to the length of working hours, overtime, breaks, rest periods, night work, vacation, public holidays and remuneration, has at least conditions equivalent to what would have applied pursuant to legislation, collective agreements or other binding general provisions if the temporary worker had been employed directly by the user undertaking to perform the same work assignment."

Subclause 2. To ensure compliance with the provisions on equal treatment, the user company is obliged to inform Procur ApS of all working and pay conditions for the user company's own employees, based on local conditions, who are employed in a similar area/work tasks. This applies to specific working conditions, any collective agreements, local agreements, wages, working hours and other conditions - including customs.

Paragraph 3. The user company is responsible for making the necessary information available to Procur ApS so that the remuneration of temporary workers can be calculated on at least the same terms as for other employees.

Paragraph 4. If the user company provides incorrect or incomplete information or fails to inform Procur ApS of changes, this may result in a violation of any collective agreement or that the employee's salary is calculated incorrectly.

Subclause 5. If Procur ApS violates collective agreements, local agreements or other agreements due to the user company's lack of or incorrect information, the user company must indemnify Procur ApS for any cost or loss resulting from this. This applies to increased wage costs and any penalty payment, etc.

§ Section 2. Authority to instruct and responsibility:

Paragraph 1. The user company has management rights and duties in relation to the hired temporary workers. However, changes in working hours and location must be notified to Procur ApS before they take effect.

Paragraph 2. The user company has the same responsibilities and obligations towards temporary workers as for its own employees, including ensuring that temporary workers are covered by the company's occupational injury insurance.

Paragraph 3. It is the user company's responsibility that all regulations and directives at the workplace are observed. If Procur ApS is faced with claims or consequences of claims due to breach, the user company is obliged to hold Procur ApS harmless.

Stk. 4. Procur ApS disclaims any responsibility for operating loss, loss of time, loss of profit and other indirect losses.

§ 3. Professional qualifications:

Paragraph 1. Procur ApS prepares a job profile with a specification of requirements based on the user company's wishes, which is sent to the user company before the recruitment is started. If the user company has not rejected the submitted job profile with requirements specification within 24 hours of sending, the recruitment will be started without further delay.

Stk. 2. The user company is obliged to provide Procur ApS with the necessary information about requirement specifications, security-related competences, necessary permits and authorizations and to ensure that this information appears from the submitted job profile.

Paragraph 3. It is also the user company's responsibility after the start of the temporary employment to ensure that the temporary workers do not perform work that they do not have the necessary approvals, certificates and abilities to perform. Despite a temp's approval in relation to the agreed job profile, Procur ApS cannot be held responsible for the temp's actual qualifications.

§ 4. Assessment of candidate profiles:

Paragraph 1. Procur ApS selects candidates on the basis of the agreed job profile and generally presents suitable candidates by telephone for the user company's approval. After approval, Procur Ltd. sends a confirmation to the user company regarding the approved temporary worker. If the user company disagrees with the approval, this must be communicated in writing no later than 24 hours after the confirmation has been sent.

Paragraph 2. If the user company chooses to approve a candidate who does not meet the agreed job profile, the user company cannot later challenge the temporary worker's shortcomings.

Paragraph 3. If candidates are rejected, this must be justified in relation to the previously submitted job profile. If candidates whose professional profile is in accordance with the agreed job profile are rejected, Procur ApS is entitled to charge DKK 5,000 per submitted profile.

Paragraph 4. By agreement, summaries of suitable candidates can be forwarded so that the user company can decide which candidates it wishes to enter into cooperation with and which it wishes to reject.

Paragraph 5. Resumes must be processed, and rejection or agreement to start a temporary position must be notified to Procur ApS within 48 hours of sending. If this does not happen, DKK 1,500 will be charged per submitted profile that has not been answered.

§ 5. Cancellation:

Paragraph 1. If no suitable candidates have been delivered within 3 weeks from the initiation of the recruitment process, the user company may cancel the order free of charge. If the user company cancels the order within the 3 weeks, Procur ApS is entitled to charge DKK 1,500 per canceled employee to cover recruitment costs.

Paragraph 2. The order is considered initiated when the user company has received the job profile. Please note that the job profile is considered approved if the user company has not rejected it within 24 hours of sending it.

§ Section 6. Occupational injury and illness:

Subclause 1. If a temporary worker is on sick leave as a result of an occupational injury occurring at the user company, the user company must cover the direct cost of wages, including other wage-related costs and other costs incurred by the temporary worker or Procur ApS in connection with the occupational injury during the temporary worker's period of sick leave (including, but not limited to, transportation, referred treatment and medicine). The user company is entitled to compensation based on reimbursement of sickness benefit during the same period in accordance with applicable rules. However, this applies up to a maximum of the expiry of the agreed temporary employment.

Paragraph 2. In the event of absence due to ordinary illness, the user company shall not be charged the wage costs.

§ Section 7. Reporting of hourly consumption:

Paragraph 1. The user company undertakes to approve the past week's hourly consumption and submit a statement via our company web(https://procur.peopletrust.dk/company/), no later than Tuesday at 10:00. If reporting is not complete and timely, Procur ApS is entitled to use an estimate of hours consumed. Costs for extra payroll and administration due to lack of reporting will be charged to the user company in the amount of DKK 1000.

Stk. 2. Objections to invoices issued on the basis of inadequate reports from the user company cannot be expected to be met.

§ Fixed working hours - number of hours for settlement

Paragraph 1. Temporary workers' minimum weekly working hours follow the applicable collective agreements for the area, regardless of whether the user company has joined the relevant collective agreement. This means that the minimum agreed weekly number of hours is always paid for work. However, the temporary worker's absence in the form of vacation, illness or other absence that cannot be attributed to the user company is excluded.

Subclause 2. If the user company sends a temporary worker home, the temporary worker is entitled to a minimum of 4 hours' pay.

§ Section 9 Cancellation:

Paragraph 1. The user company may at any time cancel the individual temporary worker until the end of a working day, after 160 hours of full-time employment, by contacting Procur ApS.

Paragraph 2. However, the user company may at any time terminate a temporary worker if the temporary worker does not meet the agreed professional terms in the job profile. In such cases, Procur ApS is entitled to find a replacement for the dismissed temporary worker, who must also have a minimum of 160 hours of full-time employment.

Paragraph 3. Should the user company choose to terminate an employee and not allow Procur ApS to find a replacement for the terminated employee, Procur ApS is entitled to charge the agreed hourly rate for the remaining number of hours up to 160 hours.

Paragraph 4. If the work is commenced outside Denmark's borders or on non-bridged islands, the buyer shall be obliged to pay the outward and return journey of the temporary worker in the event of early cancellation.

§ 10. Taking over hired temporary workers (permanent employment):

Paragraph 1. Temporary workers are as a starting point obliged by their special working relationship with Procur ApS for 16 weeks. If the user company wishes to employ a temporary worker for its own staffing, this may, by agreement with the temporary worker, take place at no additional cost to the user company when the temporary worker has been employed as a temporary worker in the user company for 16 working weeks of at least 30 hours per week.

Subclause 2. If the user company and the temporary worker wish to enter into cooperation before the expiry of this 16-week period, Procur ApS is entitled to invoice the user company for a proportionate compensation calculated as DKK 2000 * (16 - number of weeks worked so far of minimum 30 hours). Procur ApS is entitled to the payment cf. the above, regardless of whether the work relationship is established as direct employment, via another temporary employment agency, through another company or affiliated companies. The same applies to submitted profiles that are not directly affiliated with the user company as temporary workers or that the user company has previously rejected.

§ 11. Tools/equipment:

Paragraph 1. The user company is obliged to make tools/implements available to the temporary worker during his/her employment in the company.

§ 12. Clothing:

Paragraph 1. The user company is obliged to make protective equipment and other safety equipment available to the temporary worker so that the temporary worker is on an equal footing with the user company's other employees.

§ Section 13. Terms of payment:

Paragraph 1. Unless otherwise agreed, invoices must be paid 8 days net cash. If payment is not made or is received late, default interest + 2.0% per commenced month is calculated as well as a compensation fee of DKK 310 and a reminder fee of DKK 100. Procur Aps' terms of business will always take precedence over the user company's terms of purchase unless otherwise agreed in writing.

Paragraph 2. If the payment deadline is exceeded, the payment terms for already issued and future invoices shall be changed to net cash, even if a different payment deadline has been agreed or stated on the invoice.

Paragraph 3. If an invoice is overdue, Procur ApS is entitled to recall temps without further notice. If an invoice is not paid on time, legal debt collection is initiated without undue delay. Costs, fees and interest in connection with legal debt collection are charged to the user company.

Paragraph 4. No recourse can be made in issued invoices without a written agreement, and any claims that may be against Procur Ltd. must be raised separately and may not be set off against invoices issued by Procur Ltd. If this happens anyway, Procur ApS is entitled to claim compensation on the offset amount *2 regardless of the legitimacy of the claim.

Stk. 5. Objections to invoices must be received by Procur ApS before the due date of the invoice in question. Objections received thereafter are only processed if Procur ApS finds it possible in relation to payroll runs etc.

§ Section 14. Price regulation:

Paragraph 1. If the agreed salary or the included social costs are changed, the price basis for the agreed cooperation will be adjusted accordingly with effect from the effective date. In addition, Procur ApS' sales prices are indexed annually with the inflation rate, effective from January 1.

§ 15.Changes in temporary positions:

Paragraph 1. If, on the initiative of the user company, changes are made to the agreed conditions of the temporary employment, such as place of work, working hours, primary work tasks or the like, these changes must be notified to Procur ApS in due time, as it may affect, for example, termination of housing, car rental or the like. If changes are not notified in due time, and this results in costs, these will be re-invoiced to the user company.

§ 16 Personal data:

Paragraph 1. In connection with recruitment, materials that may contain personal data will be sent. These may be CVs, certificates or other material that may be considered personally sensitive.

Paragraph 2. In accordance with the Danish Personal Data Act (GDPR), personal data must be securely deleted/shredded after use. Material that normally contains social security numbers and other sensitive personal information is never handed out. This includes passports, driver's licenses, health insurance, employment contracts, pay slips, etc. If the user company may need any documentation, Procur ApS can offer to present the necessary documentation at a personal meeting.

§ Force majeure:

Stk. 1. Procur ApS is exempt from liability for non-performance or delayed performance of the agreement due to: Force majeure, war, riots, civil unrest, government intervention or intervention by public authority, fire, strike, lockout, failure to issue work permits, lack of labor, fuel and fuel, illness, accidents during transport or other causes beyond the seller's control.

§ Section 18. Choice of law and venue:

Paragraph 1. Any dispute between the parties that cannot be resolved amicably shall be settled by application of Danish law and otherwise by the ordinary courts. The venue for all claims arising from the agreement shall be the seller's home court. The seller may instead choose to bring an action at the buyer's home court