General business conditions
General business conditions
1. Preliminary Provisions
Based on a concession agreement entered into the Ministry of Labour, Family and Social Affairs, ŠS d.o.o is an employment agency, also for temporary and part-time work of high school and university students. The activity of mediating temporary and part-time work is regulated by Rules on Conditions for Performing Activities of Employment Agencies (hereinafter: “Regulations”).
2. The Subject of General Business Conditions
These General Business Conditions of ŠS d.o.o. (hereinafter “General Business Conditions”) set the rights and obligations in mediating temporary and part-time work of high-school and university students and other compensations and costs of ŠS d.o.o.
If the business partner uses e-office for companies or the high school or university student uses personal e-office, they also accept the instructions and conditions which are included in an individual web service (either “e-office” or “e-office for companies”).
3. High School and University Student
High school and university student is entitled to perform temporary and part-time work when s/he acquires status of a high school or university student and by fulfilment of all other conditions for performing temporary and part-time work stated in current legislation.
By completing and submitting the “enrolment declaration” (hereinafter: “membership”) to ŠS d.o.o. and under the condition the high school or university student has attained the age of 15 and s/he has a valid certificate of enrolment the high-school or university student becomes a member of ŠS d.o.o. (hereinafter: “member”).
In the performance of temporary and part-time work the member assumes the following rights and obligations:
- to order an adequate referral before beginning of the work;
- to carry out the work ensured by ŠS d.o.o. on the basis of a ŠS d.o.o. referral form;
- to respect the guidelines on safety at work and the guidelines of the employer’s expert departments;
- to perform his/her work conscientiously and assiduously;
- in case s/he does not start the work, to return the blank paper referral to ŠS d.o.o. at the latest within 30 days from the date of its issuance;
- that the member who is a student is not in regular employment (not employed) and is not registered with the Employment Service of Slovenia as an unemployed person and he/she has compulsory health insurance. The member takes on full criminal, civil and other responsibility, which may result from transmission of false and incomplete information;
- that the member, who is a participant in adult education (so-called “izredni dijak”) is not in regular employment (not employed) and is not registered with the Employment Service of Slovenia as an unemployed person and is acquainted with the fact that by current laws he/she can work up to the age of 26. The member takes on full criminal, civil and other responsibility, which may result from transmission of false and incomplete information;
- that a member has an adequate compulsory health insurance in accordance with the legislation of the Republic of Slovenia and EU provisions, since otherwise treatment costs related to any work injuries may be incurred;
- to inform ŠS d.o.o. immediately about any changes of data or facts which could in any way influence satisfying the conditions and requirements for his/her performance of temporary and part-time work;
- in the event of agreement with the proposed cancellation or correction of the hourly rate by the business partner, he/she is obliged to give a written consent;
- and state that they are aware of the amendments to legislation and the passing of the Act Amending the Fiscal Balance Act (Official Journal RS No. 95, ZUJF-C), according to which the member receives the net amount for the performed temporary or part-time work, since their gross profit will be deducted for the contribution for pension and disability insurance in the amount of 15,50 %;
- and state that they are aware with the fact that in case of part-time and temporary work of high-school and university students in another country all the laws and regulations of the country, where the work will be performed, are followed in their entirety and that the right legal basis that is stipulated by the legislation of the country is used;
- is stating that he/she is acquainted with GDPR and new legislation on the field of personal data protection and accordingly gives all the permissions.
With membership the member permits ŠS d.o.o. to use the personal data from enrolment declaration as well as any other data submitted to ŠS d.o.o. ŠS d.o.o. keeps and processes the personal data in accordance with the valid legislation for personal data protection. The intention of acquiring, using and processing the personal data is the implementation of activities of ŠS d.o.o. and the implementation of promotional actions.
By signing or filling out this declaration of accession the undersigned guarantees that all the data is valid and that data thereunder are exclusively of this member. In case of invalid data the member takes all criminal and material responsibility. If ŠS d.o.o.suffers any damages due to the invalid or inaccurate data, the member explicitly and irrevocably agrees that ŠS d.o.o. settlesany debts which may arise from the occasional or temporary work from the earnings up to the amount of the arisen damages, and the rest is transferred to the account of the member.
Usage, scope and purpose for storage and processing
Members' data will be used exclusively for the information purposes that are related to our business and they will not be accessible to the public. The collected personal data will be protected in accordance with the EU General Data Protection Regulation and with the valid legislation of the Republic of Slovenia from the field of personal data protection (the Personal Data Protection Act ZVOP-2 with amendments and supplements is under preparation).
The member can change his consent to be notified (important notices, vacant job notices, notices of benefits and trainings) from ŠS d.o.o. at any time in the personal e-office, which is accessible with the username and password.
The member can demand review, correction, complete deletion, ending of processing and storage, or cancellation of consents for processing and storage at any time, without effect on legality of the processing that was performed based on his previous consent until his cancellation. The member can make such a request to the e-mail [email protected]. We will process and edit the request for ending the processing and storage of data or data deletion within 7 business days. Personal data, for the purpose specified in the preceding paragraph, shall be kept until the member is 27 years old, except in the in the case of open financial obligations, until the procedure is officially finished.
Members, who are not citizens of the Republic of Slovenia, are at the enrolment to ŠS d.o.o. acquainted with the legislation and other information concerning the status of (non)residence in the Republic of Slovenia, as well as with the provisions of the Tax Procedure Act which governs benefits arising from international double taxation avoidance treaties. ŠS d.o.o. is going to deduct non-resident member’s prepayment of income taxes in accordance with the valid legislation. If Slovenia has a concluded agreement to avoid double taxation with the non-resident’s country, the member deals with the possible refund of prepaid income taxes by the competent tax authority. If the member submits a filled-in claim for an exemption from tax or a reduction of tax to ŠS d.o.o., ŠS d.o.o. will submit this claim to the competent tax authority. Nevertheless, the income will be transferred when ŠS d.o.o. receives a validated claim from the tax authority.
4. Business Partner
The business partner assumes the following rights and obligations in the business relations with ŠS d.o.o.:
- to acquaint the member before the beginning of temporary and part-time work with the regulations and measures of safety at work and to hand him/her out the necessary safety equipment;
- to respect the Employment Relationship Act regulating¸ZDR-1 the work of children younger than 15 years, apprentices, high school and university students;
- that they are aware with the fact that in case of part-time and temporary work of high-school and university students in another country all the laws and regulations of the country, where the work will be performed, are followed in their entirety and that the right legal basis that is stipulated by the legislation of the country is used;
- to meet and respect all other obligations defined by the regulations of the Republic of Slovenia in the area of employment;
- to accept, fill-in and return a paper referral of ŠS d.o.o. for the work ordered at ŠS d.o.o.;
- to validate and deliver one copy of a paper referral to the member at the beginning of the work;
- to validate and deliver one copy of a paper referral to ŠS d.o.o. at the beginning of the work;
- to comply with the Rules on conditions for performing activities of employment agencies and the applicable legislation of the Republic of Slovenia regarding electronic referrals. An electronic referral has the same legal effect as a paper referral;
- to deliver to ŠS d.o.o. the calculation of hours of student work at the latest within 8 days after the work is finished or until the 8th day of the month for the previous month, in which the actual hours of work are stated, which in total equal to the hours registered daily by a business partner;
- to settle all its obligations under the applicable General Terms and Conditions and according to the invoice of ŠS d.o.o. within 8 days of the issue or the due date if the deadline is extended due to a good credit rating and the timely payment of invoices. In case of delay, the company shall settle its obligations together with the statutory default interest, which will be charged on the invoice for completed student work;
- to settle the amount on the invoice increased in accordance with the ZUJF-C for: contribution for pension and disability insurance in the amount of 8.85%, contribution for health insurance in the amount of 6.36%, contribution for injury at work and occupational diseases in the amount of 0.53 %, a concession fee in the amount of 16.00% and an additional concession fee in the amount of 2.00%;
- to vouch for the authenticy of the data submitted to ŠS d.o.o., while allowing ŠS d.o.o. to inform him/her of any changes and novelties relating to employment and execution of the surveys and researches connected to employment;
- to commit himself/herself to use the acquired personal data of members, who perform temporary or part-time work of high-school and university students in their organization, and which he acquired on the basis of written request from ŠS d.o.o., only for the need of performing temporary or part-time work of high-school and university students or for enforcement of potential claims for temporary or part-time work of (high-school and university) students;
- to inform ŠS d.o.o on any amendments or completions influencing the manner and conditions of business within 8 days of their occurrence;
- to operate with a bank account, opened in the Republic of Slovenia, which is evident from the publicly available records. In case the bank account isn’t available in the public records, the company is obliged to provide the information on bank account to ŠS d.o.o.
- that in case of settling the accounts via bank account open out of the EU, the business partner will also pay for the costs of bank commission/fee that occurs at payment abroad and pay the costs of the bank commission/fee in Slovenia;
- in case the company provides the information on personal bank account, it is a subject to provisions of the 7th article of ZVOP-1 (Personal Data Protection Act);
- the business partner commits to, in case of a breach of the terms of General Business Conditions or the legislation on temporary or part-time work of high-school or university students in case of any claims or fines, which derive from the breach by the business partner and which are presented to ŠS d.o.o. by a third party or a state authority, they will cover these claims or fines together with the newly arisen expenses directly to ŠS d.o.o. or the third party or the state authority;
- the business partner commits to enter any judicial, tax, administration or out-of-court procedures connected with the temporary or part-time work of high-school or university students, which would be conducted against ŠS d.o.o. and arisen by the breach by the business partner, they will enter as a third party intervener on behalf of ŠS d.o.o. In the opposite case, the business party commits to pay ŠS d.o.o. or directly to the third party or the state authority, the final amount decided by court or the final agreed amount of the third party or authority, together with the allotted litigation or arisen expenses of the third party or the authority.
ŠS d.o.o. reserves the right to shorten the duration of referral for the companies with bad claims (unpaid invoices) as defined in the internal act.
The procedure of shortening the duration of referrals is precisely defined in the internal act of ŠS d.o.o. When shortening the duration of referrals ŠS d.o.o. informs both, the employer and the member, in writing with the document sent via post. At the same time ŠS d.o.o. sets a reasonable deadline (30 days) to the employer to ensure work elsewhere, via other referral.
5. Student Service (Employment Agency)
ŠS d.o.o. undertakes:
- to issue an invoice to the business partner for payment of student work;
- to transfer in advance the net amount for the performed temporary and part-time work to the personal account or any other valid account of the member, in accordance with the financial policy of ŠS d.o.o., provided that the business partner complies with the conditions to be classified into adequate credit rating class. In case of the realization of in-advance transfer of net amount for the performed temporary and part time work to the high school or university student, ŠS d.o.o. has the right to charge lump sum contribution to the business partner for the procedure of verifying credit rating class of the business partner and for the costs of services necessary for in-advance transfer. The member, who received the transfer of money for his/her temporary or part-time work in advance by ŠS d.o.o, authorizes ŠS d.o.o. to take suitable actions and make applications for protection and realization of his/her rights in accordance with the internal acts. In other cases ŠS d.o.o. undertakes to transfer the net amount to the member at the latest on the next working day after the payment of the whole invoice by the business partner;
- to account for contributions and benefits in accordance with existing legislation;
- to protect and use the personal data of the members and the repre - sentatives of business partners in accordance with the Personal Data Protection Act;
- that we protect and use personal data of members and business partners representatives in accordance with European legislation (GDPR) and laws of Republic of Slovenia;
- reserves the right to shorten an extended payment period to the general payment period (8 days) in case of a poor credit rating on the part of the business partner or the late payment of obligations under the issued invoices;
- in case of a delay or poor credit rating of the business partner, the business partner may be restricted from being issued referrals for temporary and occasional work. Any changes will be notified to the business partner in advance and will take effect from the date of the notification.
6. Additional Services
ŠS d.o.o. among others provides the following additional services for its business partners in accordance with the prices stated below:
6.1. Advertising Work, Human Resource Management Services:
- post of the advertisement for work on www.studentski-servis.com; free of charge for the business partners, 295 EUR/advertisement;
- priority post of the advertisement for work; short term, very visible exposure of the advertisement on www.studentski-servis.com, 50 EUR/advertisement;
- search for candidates, narrowing the selection, presentation of suitable candidates in writing; free of charge for permanent business partners, 120 EUR/advertisement;
- search of deficitary candidates; direct post, targeting in the bases, etc. free of charge for permanent business partners, 200 EUR/advertisement;
- human resource management counselling in the field of temporary and part-time work; free of charge for permanent business partners, 25 EUR/h;
6.2. Reminders For Payment Delays Of The Business Partners:
- the costs of reminders;
in case of delays of payments after the due date 3 EUR/reminder;
Default statutory interest is not charged in the stated prices. ŠS d.o.o. reserves the right to also charge the following additional services; the cost of all services necessary for in-advance transfer, in - cluding the procedure of verifying credit rating class of the business partner, monthly compensation for using e-office for companies, in accordance with the valid General Business Conditions. The prices stated in this article of the General Business Conditions are in use from 1st September 2012 on.
7. Liability for Damages
ŠS d.o.o. is not liable for damages or material damage for work of its members via the referral. In his/her work based on the referral the member has material and criminal responsibility towards the business partner and ŠS d.o.o.
8. Violation of General Business Conditions Provisions and Dispute Settlement
Due to the violation of the provisions of General Business Conditions ŠS d.o.o. can suspend the co-operation with the business partner or the member. All disputes between ŠS d.o.o., business partner and member are to be solved in mutual agreement. If an amicable solution is not possible, disputes shall be settled by the court of jurisdiction over the subject matter.
9. Validity of General Conditions
ŠS d.o.o. can exclusively change the General Business Conditions in accordance with the business policy and valid legislation.
If ŠS d.o.o. amends the General Terms and Conditions, it is to inform the high school or university student or business partner about the amendments to the General Terms and Conditions that affect the client's rights and obligations at least 7 days before their introduction, to display a notice in the web application or to clearly inform the client that an amendment to the General Terms and Conditions has been adopted.
Valid General Business Conditions are published on the internet page of ŠS d.o.o.
These General Business Conditions are valid from 1. 8. 2019.
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