GENERAL TERMS AND CONDITIONS OF PERMANENT PLACEMENT IN SWITZERLAND – 2023
1. General
CareToMatch GmbH (hereinafter referred to as CareToMatch) offers a complete service in the recruitment and selection of specialists and executives on a search mandate and on a contingency basis and relieves you as the employer (hereinafter referred to as the client) of many of the tasks required for filling a new position.
2. Our placement model
CareToMatch works on a contingency basis. You do not take any risk; until a contract is concluded between the client and an employee proposed by CareToMatch (hereinafter referred to as the candidate), we work free of charge. In the case of success, after the legally valid signing of an employment contract, the fee rates listed under 3. will be invoiced. The invoice will be issued immediately on the day of the start.
3. Fee
The following services are included in the fee: Clarification of requirements, creation of requirement profiles, selection of candidates, creation of personnel dossiers of the applicants, arrangement of interviews, reference checks, applicant interviews. The fee is due to CareToMatch after the candidate has been hired by the client. It is calculated as follows:
- Gross annual income up to CHF 80’000.– 10% fee, minimum CHF 6’000.
- Gross annual income up to CHF 100’000.– 13% fee
- Gross annual income up to CHF 120’000.– 16% fee
- Gross annual income from CHF 150’000.– 20% fee
In the case of part-time employment, the percentage part-time income is converted to an annual salary for full employment.
The annual gross salary subject to AHV contributions is calculated as follows:
Gross monthly salary x 12, plus 13th month salary, gratuities, commissions, bonus and other allowances.
If an employment contract is concluded within 12 months of the candidate dossier being sent, CareToMatch is entitled to a success fee. Subcontracting of a dossier to a third party is considered to be subject to a fee and must be reported to us immediately. Failure to do so can be charged at any time.
4. Guarantee
If a contract is terminated by the client due to lack of suitability of the candidate or if the candidate terminates the employment relationship, we will refund the fee charged as follows: At the end of the contractual relationship within 30 days from the beginning of the contract 70% of the fee, within 60 days 50% of the fee and within 90 days 30% of the fee.
In case of termination of the contract due to changes at the client (termination of the job, termination due to changed market conditions, termination as a result of mergers, business takeovers, etc.), no guarantee refund will be made. Likewise, no guarantee repayment will be made if the candidate is employed in any form by the client or a company legally or actually affiliated with the client (group company, partner company of a consortium, etc.) after the termination of the employment relationship.
5 Additional services / expert opinions
Additional services, tests and expert opinions will be invoiced to the customer according to time and actual costs as per the offer.
6. Data protection / discretion
The parties undertake to comply with the currently applicable regulations on data protection at all times. Candidate dossiers are to be treated confidentially. If they are not used, they must be returned to CareToMatch immediately or deleted. The deletion must be confirmed to CareToMatch. Under no circumstances may they be forwarded to affiliated companies or third parties. In case of forwarding, the cost consequences of section 3 apply.
7. VAT
All services provided by CareToMatch are subject to VAT. Accordingly, the fixed fees will be increased by the VAT amount.
8. Payment term
The payment term is 30 days. If the payment is not made within 30 days, the customer is in default from that moment without reminder and interest on arrears will be charged at the rate of 5% per month .
9. Suitability of candidates and responsibility in the selection process
CareToMatch endeavors to ensure the suitability of the candidates proposed to the Customer as much as possible by clarifying, establishing or collecting the following:
- The identity of the candidate and his/her admission to the Swiss labor market ;
- The candidate’s education, experience and required qualifications that CareToMatch considers necessary for employment with the Client. However, it is the client’s responsibility to verify that the candidate’s education, experience and required qualifications are in accordance with the law and the client’s own expectations before hiring the candidate;
- That the candidate is willing to work in the position for which the client wishes to hire the candidate.
As an additional service, CareToMatch provides comprehensive assistance to foreign candidates in the expatriation process. However, candidates are ultimately responsible for finding their own housing, recognizing diplomas, and obtaining work permits.
The client is responsible for obtaining all necessary authorization for the candidate to work, arranging medical examinations and/or verifying the candidate’s medical history. The Client is solely responsible for ensuring that the Candidate meets all conditions required by the laws of the country in which the Candidate is to perform the work (necessary education, training, certificates, etc.).
In order to enable CareToMatch to provide its services in the best possible way, the Customer shall provide CareToMatch with information about vacant positions, including:
- the type of work to be performed by the Applicant;
- the work location and hours;
- the scheduled start date of the work;
- Education, experience, qualifications and any competencies required of the Candidate by the Client, the law or a professional association in order to be employed in the position in question;
- Health or safety risks of the position in question and the measures taken by the client to avoid or control such risks;
- The duration or anticipated duration of the employment;
- The anticipated salary, expenses and any other benefits;
- the notice period .
10. Liability
CareToMatch has the sole discretion to submit candidate dossiers to the Customer. There is no corresponding contractual obligation.
CareToMatch cannot be held liable for the recruitment and selection process of the Customer, the selection or employment of a candidate or the non-employment of a candidate by the Customer. The Customer bears full responsibility for its choice.
The recruitment and selection services provided by CareToMatch are in no way a substitute for the thorough examination of the candidates by the Customer. CareToMatch therefore declines any responsibility, both with regard to the statements made by candidates and with regard to the execution of work entrusted to candidates in the employment relationship.
CareToMatch shall in no event be liable for any damages (including loss of profit) suffered by the Client in any way, directly or indirectly, as a result of the employment of a Candidate or the acts or omissions of a Candidate.
11. Applicable law and place of jurisdiction
The contractual relationship between CareToMatch and the Customer shall be governed exclusively by Swiss law, to the exclusion of the Vienna Sales Convention and the conflict of laws rules. The exclusive place of jurisdiction is Zurich.
If it is agreed contractually or by e-mail to deviate from the General Terms and Conditions on certain points, this deviating agreement shall apply; on the remaining points, the General Terms and Conditions shall apply.