Rekruut GmbH / Gerandu Medical Ltd.
Address: Czeminskistr. 9, D-10829 Berlin
Internet domain: https://rekruut.de
E-mail : firstname.lastname@example.org
Phone: +49 (0)30-263 661 66
Commercial Register: Local Court Augsburg B, HRB 29554 VAT ID No.: DE301296594
Legally authorized Managing director: Dr. Matthias Mauch
(hereinafter referred to as “Rekruut”, “we” or “Contractor”)
1.1 Commitment to Fairness and Transparency
1.1.1 Within the scope of its services in the field of recruiting of international professionals, Rekruut GmbH commits itself to observe the legal framework, in particular the requirements of German labor, residence and social legislation. In the agreements with customers, Rekruut will obligate them to conclude only such employment agreements with the professionals recruited and represented by Rekruut that meet the requirements of German labor legislation.
1.1.2 Furthermore, clients are requested to regulate in writing in the employment contracts proposed to international professionals with the help of Rekruut, the support in the recognition process, support in the relocation process and the handling of special situations (such as pregnancy, childbirth in the last three months, illness, decease in immediate family).
1.1.3 Human rights and social standards such as the prohibition of discrimination, protection against sexual harassment, equal opportunities, health and safety as well as fair wages are basic principles of Rekruut.
1.1.4 Rekruut does not recruit in third countries where there is a shortage of healthcare personnel.
1.1.5 We are committed to aligning company practices with the WHO Global Code of Practice on the International Recruitment of Health Personnel. In addition, Rekruut and its cooperation and business partners undertake to comply with the ILO Core Labor Standards, in particular the ILO General Principles and Operational Guidelines for Fair Recruitment as well as the IRIS Standards of the International Organisation of Migration. The following principles are particularly relevant:
1.1.6 Our company practices are based on a strict “no fee policy” or the “employer pays” principle. This guarantees that the recruitment of international professionals is always free of charge.
1.1.7 We also commit ourselves not to broker contractual relationships that contain provisions for pay-back and commitment clauses that do not conform to the “Fair Recruitment Care Germany” seal of quality.
1.1.8 The corporate principles named here are binding for us and our business and cooperation partners and are communicated in the course of the recruitment, onboarding and training of employees and are being reviewed and kept up to date on a regular basis as part of quality management.
1.1.9 Rekruut retains the right to verify compliance with the terms and conditions in cooperation with customers and partners and, if necessary, to demand appropriate evidence. It also retains the right to terminate the contract if customers or business partners violate the terms and conditions.
1.2 Our services
1.2.1 Rekruut operates REKRUUT, a digital career advice platform for medical professionals. This offers interested job seekers (“Candidates”) from abroad the opportunity to register free of charge on the internet website rekruut.de (“Website”) or via our social media platforms or via the app REKRUUT (“App”; Website and App together are hereinafter the “Platform”) by creating a personal user profile. As a user (hereinafter “User” or “you”), you will then have the opportunity to submit your resume and indicate your professional career preferences on the platform (hereinafter “Search Request”), with the aim that:
a. our career advisors find for you, free of charge, a job offer with a new employer that matches your expectations and present you there for application (permanent position, hereinafter “Job Placement”, details below at section 2.3).
b. and/or our career advisors provide you with ongoing tips on how to optimize your career development free of charge.
1.2.2 Rekruut supports employers on a contract basis in the recruitment of international nursing professionals for a location of the employer in the Federal Republic of Germany. The recruited candidates are usually initially employed in Germany as nursing assistants. After full recognition of their profession by the German authorities, they are employed as certified nurses.
1.2.3 Rekruut’s recruitment services include, in particular, providing support with and monitoring the language training of the candidates as well as the immigration and recognition process of suitable candidates.
1.2.4 These General Terms and Conditions (hereinafter referred to as “GTC”) contain the general rules for the use of all services offered within the framework of the REKRUUT Services, which are described in more detail in section 2 of these GTC. A current version of the GTC can be accessed, downloaded, saved or printed at any time at https://rekruut.de/agb/.
1.2.5 The current privacy statement of Rekruut, with which we inform you in detail about the nature, scope and purpose of the collection and use of your personal data by Rekruut in the course of the use of our services and our platform, can be accessed by you at any time on the website at http://rekruut.de/datenschutz/.
1.2.6 Our platform and services are hereinafter collectively referred to as “REKRUUT Services”.
1.3 Supervisory Authority
1.3.1 The competent supervisory authority for data protection is the Berlin Commissioner for Data Protection and Freedom of Information.
A service agreement (“Service Agreement”) is concluded between Rekruut and the User in accordance with the provisions of section 2.1.3; the subject of the Service Agreement is the provision and use of the REKRUUT Services via the platform.
2.1 Conditions of Use
2.1.1 General Requirements
a.The use of the REKRUUT Services is only permitted to natural persons of legal age. Minors and other persons without or with limited legal capacity are excluded from using the REKRUUT Services.
b. The use of the REKRUUT Services requires the registration of the User by creating a personal user account (hereinafter referred to as “Account”) on the platform.
c. The use of the REKRUUT Services further requires a computer or a mobile device (such as smartphone or tablet) with Internet access and a common, up-to-date and functional browser software.
2.1.2 Registration and conclusion of contract
a. Only one account is permitted per user.
b. To create an account, you must first fill out the electronic forms provided by Rekruut on the platform completely and correctly. Among other things, your job preferences and contact data must be provided.
c. Then click on the button “Register for free” on our platform and send us your data. By clicking this button, you are making a legally binding offer to conclude a service contract with us. By clicking this button you also accept these terms and conditions and confirm that you have read and understood our privacy statement.
d. With the subsequent greeting displayed on the platform with explanation of the next step, we accept your offer.
e. If you register via our website, after clicking on the button you will receive an e-mail to the address you provided with a request to confirm your e-mail address. After confirming your e-mail address by clicking on the link sent to you in this way, your account will be activated. With your e-mail address and the specified password, you can access your password-protected user area on the platform after completing the registration.
f. If you do not activate the account immediately, but we have job offers that match your search criteria specified in the electronic form, we will contact you using the contact details provided so that this opportunity does not pass and so that the best possible provision of REKRUUT services is guaranteed. For details about the communication between you and Rekruut, please refer to section 2.1.5.
g. If you register via our application, your account will be activated immediately without confirmation.
h. Rekruut is entitled to refuse to conclude a contract with the User without giving reasons.
2.1.3 Additional terms and conditions for users whose registration on the REKRUUT platform takes place via third parties in the REKRUUT partner tool (usually in the area of international applicants), as well as in the case of direct applications by international candidates.
a. In the field of international applicants, whose profession has not yet been recognized in Germany, we cooperate with local agencies for the recruitment and support of international professionals. These agencies, hereinafter referred to as ‘recruitment partners’, register users on the REKRUUT platform on behalf of the respective User using the REKRUUT Partner Tool, a tool designed specifically for this purpose, in which they fill out the electronic forms provided by REKRUUT (including contact details and job preferences) on your behalf. The following points are in addition to 2.1.3 for users for whom this type of registration applies. Provisions of 2.1.3 that are not specified or modified below will continue to apply as set forth.
b. There are mutual agreements between Rekruut and the respective recruiting partner regarding the transfer and processing of data in accordance with the EU-GDPR. Rekruut also contractually obligates its recruiting partners to enter into a EU-GDPR-compliant data protection agreement with you prior to the transfer of the data to the Rekruut platform, which permits such transfer of all user information managed by the partner to Rekruut as well as the processing of the data by Rekruut.
2.1.4 Process for International Candidates
a. After a successful initial interview, Rekruut is free to offer you services during the recruiting process and beyond, including recognition and migration processes, language training and relocation, free of charge. Rekruut reserves the right to conclude a separate contract with the User, which specifies these services and, if necessary, supplements the obligations of both parties. The so-called “Undertaking” and its annexes describe and follow the provisions of the seal of approval “Fair Recruitment Care Germany” (more information can also be found here: https://www.faire-anwerbung-pflege-deutschland.de/), as well as the recruitment process and accompanying requirements.
b. When placing international candidates who do not yet have a recognized professional qualification in Germany with partner institutions, Rekruut verifies that the employment contracts of the jobs it provides as well as the entire context of the employment relationship provided do not contain any provisions on pay-back and commitment and repayment clauses for international nursing staff that conflict with the legal framework for commitment and repayment clauses set forth in labor law.
c. The provision of the above-mentioned services often takes place in cooperation with the respective recruiting partner (if any). In the course of providing the above-mentioned services, we will also share data with these same recruiting partners, such as employment contracts that we receive from your employer arranged by us, notifications from German authorities that we have applied for on your behalf via separate powers of attorney and that are required for the visa appointment in your home country, etc.. Here, the collecting and disclosure of data is limited to the data and documents that are required for the provision of services.
2.1.5 Communication between User and Rekruut
a. One of the key elements of the REKRUUT Services is the communication between User and Rekruut. Without communication and coordination with you, we cannot provide the REKRUUT Services to you. We pay a lot of attention to a simple and effective communication with you.
b. For the communication between you and Rekruut, the contact channels mentioned at the beginning of these GTC are available, such as telephone and e-mail. As far as you have indicated preferred ways of contact, we will of course take them into account when communicating with you.
c. In the privacy statement you will find, in addition to the information in these GTC, further details on the possible ways of being contacted by Rekruut.
d. If you have any questions or concerns regarding the concluded service contract or individual services or performances of Rekruut, you are welcome to contact us at any time via the contact channels mentioned at the beginning of these GTC.
2.2 Completion of your applicant profile
2.2.1 In order to make the best possible use of the REKRUUT services offered by Rekruut, you can complete your profile information on the platform at any time in the provided electronic forms of your account with additional personal information.
2.2.2 A prerequisite for the use of most of our services, in particular the recruitment process (see section 2.3 below), is the provision of an up-to-date CV and the required documents (for example, with regard to professional qualifications) to our platform. This can also be done for you by one of our career advisors or third parties, such as recruiting partners (see section 2.1.3), if you send them the relevant documents via a contact channel of your choice (see section 2.1.5). Your complete profile information, including a current CV and the required certificates, is hereinafter referred to as your “applicant profile”.
2.2.3 In order to ensure timely and efficient provision of the REKRUUT Services, we will contact you after registration (see section 2.1.3 above) for the purpose of completing your Applicant Profile.
2.2.4 You decide yourself whether you upload a picture of yourself on the platform or send it to us via another contact channel.
2.2.5 The data and documents provided in the course of completing the applicant profile are provided by you. Rekruut is therefore not responsible for their up-to-date nature, accuracy and completeness and does not guarantee this.
2.2.6 After your applicant profile has been completely created on our platform, you will receive insight into the current status of the respective application and interview processes (if relevant) via our platform.
2.3 Job Placement
2.3.1 As part of our job placement service, Rekruut offers you a free placement of full- and part-time positions in institutions that have suitable positions available. In doing so, we record your applicant profile in order to present it to suitable institutions and thus help you find a new full-time or part-time position with as little effort as possible.
2.3.2 The requirements for using our job placement service are:
a. The general conditions of use according to section 2.1.1
b. The posting of a CV and the required documents according to section 2.2.
2.3.3 Our career consultants will contact you as necessary to complete your applicant profile (if not already done, see section 2.2), to discuss your wishes or preferences and your search request, as well as the current status of the interview process and its further coordination. For details on the communication between you and Recruut, please refer to section 2.1.5.
2.3.4 In order to ensure that your applicant profile fits a position at an institution, your applicant profile can be presented to an institution anonymously, i.e. without any possibility of inference to your person, and discussed by us with the institution.
2.3.5 In order to introduce you to the respective institution after successful review of your applicant profile by our career consultants and to arrange an interview and, if necessary, a job shadowing appointment, our career consultants will make your complete applicant profile available to the respective institution in consultation with you. Your applicant profile will only ever be passed on with your consent. Our career advisors will therefore contact you before each disclosure in order to coordinate it with you.
2.3.6 As long as you are using the REKRUUT Services and have not informed us that you do not wish to receive new recruitments at this time, Rekruut will contact you to a reasonable extent and present you with new jobs that match your search request and your stated preferences.
2.3.7 Rekruut makes no representation whatsoever about the suitability, availability or quality of any proposed jobs. None of the information we provide about the proposed jobs constitutes a binding commitment.
2.3.8 Rekruut does not owe any placement success, especially not with regard to the conclusion of an employment contract. Whether or not an employment contract is concluded between you and the respective institution where we introduce you after an introduction is at the discretion of the respective institution. REKRUUT does not guarantee the conclusion of an employment contract.
2.3.9 Rekruut does not provide any consulting services regarding an employment contract to be concluded between you and an institution.
Rekruut does not assume any liability for the effectiveness of the employment contract concluded between you and an institution to which we have introduced you. We are also not liable for the risk that applications are rejected, not processed or delayed, nor for the accuracy of any documents or information provided to you by the Institution to which we have introduced you.
2.3.10 Any information about the institutions to which we have introduced you or about specific job positions is not an advisory service to you, but is intended solely to facilitate your independent decision in your choice of job, over which we have no control.
2.4 End of use of individual services
2.4.1 You may notify us at any time via a contact channel of your choice (pursuant to Section 2.1.5) that you no longer wish to use individual services, such as job placement or the provision of career development advice.
2.4.2 The end of the use of individual services in accordance with section 2.3.1 above does not affect the status of the service contract as such.
2.5 Opinion research to improve our offer
2.5.1 In order to continuously improve our REKRUUT services, we occasionally conduct surveys; e.g. to get direct feedback on our service quality after successful or unsuccessful placement/application, or to generate better job suggestions.
2.5.2 You will receive an invitation from us for each of these surveys (for contact channels, see section 2.1.5). Participation in the surveys is voluntary.
2.6 Obligations of Rekruut and availability
2.6.1 Upon conclusion of this Service Agreement, Rekruut grants you a non-exclusive, non-transferable and non-sublicensable right to use the platform in its current version for the duration of the term of this Service Agreement. This right of use is limited to use via your account.
2.6.2 A continuous accessibility of the platform is neither owed nor guaranteed. We reserve the right to restrict access to the platform, in particular for maintenance, security or capacity reasons.
2.6.3 We reserve the right to restrict or complement the services offered free of charge within the framework of the REKRUUT Services. If the services described in these GTC are to be restricted to a considerable extent, we will obtain your consent in advance.
2.6.4 Rekruut will continuously update, expand or modify the software of the platform, in particular to respond to changing user interests, to correct technical errors and to introduce new functions. There is no right to maintain the software in the condition existing at the time of the conclusion of the contract or at a later point in time. Rekruut reserves the right to offer the Software or the REKRUUT Services only for certain operating systems or only for certain versions of operating systems.
2.7 Duties of Cooperation of the User
2.7.1 The User is obligated to provide his data truthfully and completely during registration.
2.7.2 For the proper execution of the service contract it is necessary that the User notifies Rekruut immediately of any relevant changes to his data, in particular his registration data such as name, address and other contact data. The User may notify Rekruut of such changes by updating the relevant data in his account on the platform. If this is not possible, the User(s) may notify Rekruut of such changes via a contact channel of his/her choice (pursuant to Section 2.1.5).
2.7.3 Users are prohibited:
a. to use the software of the platform and the REKRUUT Services without the express permission of Rekruut for purposes other than their own personal, professional purposes, in particular not for other commercial purposes,
b. to enter non-user accounts on the platform without the express permission of the respective third party,
c. to smuggle or attempt to smuggle viruses, Trojans, worms or other malicious code onto the platform,
d. hack, manipulate or attempt to hack, manipulate or attempt to manipulate the software of the platform,
e. Use scripts and other automatable or partially automatable procedures to use the platform,
f. circumvent or attempt to circumvent any security features of the platform or REKRUUT.
2.7.4 When using the platform and/or the REKRUUT Services, you shall comply with all laws and regulations applicable to you.
2.7.5 You are prohibited from lending or otherwise commercially exploiting, sublicensing or otherwise making your account available to third parties, or from disclosing the login data to third parties, unless this has been expressly permitted by Rekruut.
2.7.6 You are obligated to keep your account data and password secret and protected from access by unauthorized third parties. You agree to take the necessary measures to ensure the confidentiality of your account data and password, for example by using a secure password consisting of numbers, letters and special characters and by changing your password regularly. If you lose your password or if you discover or suspect that your access data is being used by a third party, you must notify us immediately and – if possible – change your password without delay.
2.7.7 In the event of a breach of the obligations to cooperate set forth in section 2.7, Rekruut is entitled to block your account. The same applies if there is a suspicion of such a violation until this suspicion is clarified. If this suspicion turns out to be unfounded, we will immediately unblock your account.
2.8.1 The use of the REKRUUT services described in these GTC is free of charge for users. We reserve the right to extend the REKRUUT Services with additional free or optional paid functions.
2.8.2 When using the REKRUUT Services, connection and transmission fees may be incurred, which are charged by the respective Internet provider or mobile phone provider of the User and are to be borne by the User.
3.1 Procedure for international recruitment
3.1.1 Within the framework of personnel placement, Rekruut shall undertake the search for international employees in the health care sector for the customer in accordance with an order (“job order”) issued in writing by the customer (in the individual case). The job order must contain information on the position to be filled, the number of specialists required, the basic monthly salary and the terms of the contract. Acceptance of the job order shall be confirmed by the customer (“order confirmation”).
3.1.2 According to the common understanding of the contracting parties, the recruitment process shall proceed as follows: The client shall submit a recruitment order to Rekruut Ltd. by sending a job order (see clause 3.1.1). The client creates a requirements profile for the specialists to be placed by Rekruut. Rekruut then selects professionals who meet the specifications of the requirements profile to the greatest possible extent and could therefore be considered for the client. For these skilled candidates, Rekruut shall send the client the corresponding applicant profiles and, if the skilled candidate agrees, the complete application documents.
3.1.3 If the client also considers the proposed skilled professional to be suitable, Rekruut will organize an interview in the form of a video call between the client and the skilled professional. Any further services shall result from the recruitment contract.
3.1.4 The organization of candidates of the applicant pool who do not yet know their future employer at the beginning of the language training due to organizational constraints is carried out under the following conditions of the quality seal “Fair Recruitment Care Germany”:
a. The candidate is informed transparently about the specifics of recruiting candidates from the applicant pool (e.g., that at the start of the language training there is not yet a “match” with an employer).
b. The preferences of the candidate from the applicant pool are requested for the “matching” and the preferences are used for the planned recruitment with the future employer or it is ensured that the future employer takes these preferences into account in his candidate selection.
c. It is confirmed to the candidate from the applicant pool that he/she will not have any expenses in regard to the language training if a “matching” should not occur in the planned recruitment round with the concrete employer. As long as no employer has been found for the candidate from the applicant pool, the agency will cover any costs incurred that are part of the placement process.
d. Rekruut commits itself with respect to the candidate that it is assured to find an employer suitable for the candidate (according to his “matching criteria”).
3.1.5 In order to guarantee transparency in the individual recruitment process and the documentation of the process steps matching, exit/entry, language acquisition and occupational licensing vis-à-vis its clients, Rekruut uses the sample template provided by the Kuratorium Deutsche Altershilfe via the website https://www.faire-anwerbung-pflege-deutschland.de/ until further notice, which is made accessible to candidates via the company’s own Sharepoint. A Customer Relations Management (CRM) technology is currently being established.
3.1.6 The placement contract is fulfilled as soon as an employment contract has been concluded between the client and a specialist placed by the contractor. Co-causality for the establishment of the employment relationship is sufficient. It is irrelevant at what point in time the employment relationship begins.
3.1.7 If the candidate discontinues the language training or preparation for employment in Germany, if the candidate does not take up employment or if the employment relationship between the client and the candidate ends within six months after the start of employment for professional reasons, Rekruut shall propose to the client within twelve weeks a suitable substitute and thereby restart the procedure according to section 3.1 without incurring an additional placement fee according to § 3.2.
3.2 Placement fee
3.2.1 In the event of the conclusion of a contract with a specialist mediated by the contractor, a fee plus the statutory VAT shall be due.
3.2.2 The fee shall cover all other expenses incurred by the contractor for the placement of the skilled professional, unless these expenses result from additional agreements with the client and are not already covered by the expenses specified in the staff placement contract.
3.2.3 All other costs and expenses shall be payable as incurred.
3.2.4 The term of payment is 14 days after receiving the invoice by the client. Payment shall be made cashless to a specified bank account of the contractor in Euro.
3.3 Integration and conflict management
3.3.1 Business partners ensure a welcome culture that enables the best possible integration of foreign employees, both in the work environment and in private life. Employers implement a corporate integration management plan that also includes measures for dealing with conflicts. The employer provides the candidate to be recruited with the corporate integration management concept in the official language or at least one lingua franca of the respective country of origin.
3.3.2 Rekruut offers the foreign professionals close support and service (via e-mail, online chat and telephone) throughout the entire recruitment and placement process, including assistance with individual process steps, complaint management and mediation in conflict situations, if required. Customers are encouraged to report incidents and complaints in the working context to email@example.com.
3.3.3 If conflict situations cannot be resolved despite integration management by the employer and complaint management by Rekruut, the agency will offer the employee to change to a different position without any fees being charged for this.
4.1 Rekruut shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
4.2 In other cases, unless otherwise provided for in Section 4.3, we shall only be liable in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as a User may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in section 4.3.
4.3 Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
4.4 In the event of data loss, liability for the recovery of your data shall be limited to the amount of the costs necessary to recover the data that would have been lost even if regular and reasonable data backup measures had been taken or that can otherwise be reconstructed from machine-readable data material with reasonable effort even if regular and reasonable data backup measures had not been taken.
4.5 These limitations or exclusions of liability shall also apply to the liability of Rekruut’s employees, workers, collaborators, representatives and subcontractors, in particular they shall apply in favor of the personal liability of shareholders, collaborators, representatives, organs and their members.
4.6 A change of the burden of proof to your disadvantage is not connected with the regulations above.
5.1 These GTC may be amended and adapted to the new circumstances at any time if there is a legitimate interest on the part of Rekruut. A legitimate interest exists in particular in the event of a change in the legal situation or supreme court rulings, the market conditions, in order to adapt to new technical developments, to close regulatory gaps or to expand the service spectrum of the platform.
5.2 All contractual partners shall be expressly notified of any amendment by e-mail six (6) weeks before the amendment takes effect.
5.3 If the contractual partner objects to the change of the GTC in text form (e.g. letter, fax, e-mail) within six (6) weeks, beginning with the day following the announcement of the change, the contractual relationship will continue under the previous conditions. In this case, Rekruut is entitled to terminate the contractual relationship without notice, with the consequence that the associated user account will be deleted. Until the termination of the contract, the original terms and conditions shall continue to apply. Agreements concluded between the skilled professional and the recruiting partners (or other third parties) shall continue to exist regardless of this.
5.4 At the beginning of the notice period, Rekruut undertakes to specifically inform the contractual partner of the necessity of active consent as well as of his right to object and the consequences of further use of the REKRUUT Services in the notification of the change of the GTC.
5.5 With the consent of the contractual partner, an amendment of these GTC is possible at any time.
Should any clause of these GTC be invalid, the remaining clauses shall remain unaffected. The invalid clause shall be deemed to be replaced by a clause that comes as close as possible in economic terms to the meaning and purpose of the invalid clause in a legally effective manner. The same shall apply to any regulatory gaps.
7.1 The business relationship between the contractual partner and Rekruut shall be governed by German law to the exclusion of the reference norms of international private law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
7.2 If the other party does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of Rekruut.
7.3 The GTC, recruitment conditions and other agreements as well as the complaint procedure shall be provided in the official language or at least in the lingua franca spoken in the country from which the respective professional is recruited.
7.4 For reasons of legal certainty in the designation of contracting parties as well as for better reading, the simultaneous use of the language forms male, female and diverse (m/f/d) has been dispensed with in this document. All personal designations apply equally to all genders. Legally binding documents are prepared and continuously revised by us in accordance with the recommendations in the Handbook of Legal Form (published by the Federal Ministry of Justice).
These GTC are valid as of: January 2023 – Version 2.2.