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 web service “webŠtudent” or the high school or university student uses personal web service “e-office”, they also accept the instructions and conditions which are included in an individual web service (either “e-office” or “e-office webŠtudent”).

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 acquire 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 referral to ŠS d.o.o. at the latest within 30 days from the date of its issuance;

- that the member who is a part-time 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 he/she has compulsory health insurance 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;

- 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;

- to explicitly agree that personal data submitted to ŠS d.o.o. is forwarded to business partner, by whom the temporary or part-time work is performed, on his written request, but only for the reason of performing temporary or part-time work of high-school and university students or enforcement of potential claims for temporary or part-time work of high-school and university students;

- 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.

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. and thereby ŠS d.o.o. isauthorised to acquire the declaration of status from the institution, attended by the member, or from eVŠ, for the educational period of the member. 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 and implementation of activities of recovery of payments for performing temporary and part-time work of high school and university students from the third party, as with providing data to ŠS d.o.o. the member explicitly and irrevocably agrees that for the needs of recovery of payments for performing temporary and part-time work of high school and university students personal data is forwarded to the third party, who in the name of and in the account of the member performs debt recovery (judicial and non-judicial settlement). 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. The member can prohib­it the usage of the submitted personal data for the intention of direct marketing at any time for the needs of recovery of payments for performing temporary and part-time work of high school and university students. The member can make such a request to the e-mail [email protected] With his/her membership and at each operating activity with ŠS d.o.o. the member confirms that s/he is familiar with the valid General Business Conditions, which s/he accepts in their entirety. 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.:

- due to the amendments to legislation and the passing of the Act Amending the Fiscal Balance Act (Official Journal RS No. 95, ZUJF-C) they solemnly agree and undertake that all the receipts for the performed temporary or part-time work of students that will be issued before 1. 2. 2015 and will not be paid on 1. 2. 2015, and at the same time students will not be paid for them until 1. 2. 2015, will settle the additional debit note or receipt for the additional contributions for the business partner for the pension and disability insurance, the contribution for health insurance, and the insurance for occupational injury and occupational disease);

- 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 the referral of ŠS d.o.o. for the work or­dered at ŠS d.o.o.;

- to validate and deliver one copy of the referral to the member at the beginning of the work;

- to validate and deliver one copy of the referral to ŠS d.o.o. at the be­ginning of the work;


- to deliver to ŠS d.o.o. the correctly completed and executed certifi­cates No.1 and No.2 or the invoice for payment 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 use last version of valid forms of the certificates No.1 and No.2 or the invoice that are available on the internet page www.studentski-ser­vis.com or in every office of ŠS d.o.o. In case the business partner uses invalid forms or invoices, ŠS d.o.o. will reject them;

- to settle all the accounts by the latest version of General Business Conditions and by the invoice of ŠS d.o.o. within 8 days after the issu­ance or value date of the invoice, in case of delayed payment together with the default statutory interest which will be accounted on the in­voice for performed high school or university student work. In case of delayed payment of the invoice the business partner is, besides paying the default statutory interest, also obliged to pay the costs of reminders and the cost of recovery;

- due to the amendment to legislation and the passing of the Act Amending the Fiscal Balance Act (Official Journal RS No. 95, ZUJF-C) they solemnly agree and undertake that all payments of the overdue receipts for performed temporary or part-time work of students carried out after 30. 1. 2015 the additional debit note or receipt for the additional contributions and taxes according to ZUJF-C will be settled;


-  they denounce any kind of objections against the additionally issued debit note or receipt for the additional contributions and taxes according to ZUJF-C,
- 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 permanent re­ferrals 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 with return receipt (AR Advice of Receipt). 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 pay a lump sum contribution for the pension and disability insur - ance for all the members;

- to take over the agency role for every business partner against payment of lump sum contribution, for the services of applying procedure for high school and university students in the insurance for injuries at work and occupational diseases, except when the business partner declines this with a written statement or in another suitable way. On behalf of the business partner ŠS d.o.o. completes the application for the insurance of a certain number of high school and university students and executes the contribution to the authorised agency within legally defined time. ŠS d.o.o. charges the business partner the lump sum contribution for the services of applying procedure for high school and university students in the insurance, and the paid contribution for insurance, for every individual member of ŠS d.o.o within the invoice for the work performed by the member;

- to issue an invoice to the business partner based on the correctly completed, sealed and executed valid certificates No. 1 and No. 2 or correctly completed, sealed and executed invoice for payment of student work;


- to publish valid forms of the certificates No. 1 and No. 2 or invoices on the internet page www.studentski-servis.com because the old forms expire when the new ones are published;


- 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 offer, in accordance with the business policy and under the conditions of valid General Business Conditions, to the members and to the business partners also other advantages and other additional services, among them personal web service “e-office”, web service “webŠtudent”, SMS communication, diferent discounts, training courses, applying procedure for high school and university students for the insurance for injuries at work and occupational diseases for an individual business partner, services of advertising inquiries of business partners for temporary and part-time work of high school and university students, human resource management counselling, etc;

- to forward personal data of member who performs temporary or part-time work of high-school and university students in their organization to the business partner on their explicit written request for the reason 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 universitystudents;

- 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.

 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, Work Abroad, Human Resource Management Services:

 - post of the advertisement for work/work abroad  on www.studentski-servis.com; free of charge for the business partners, 150 EUR/advertisement ;

- priority post of the advertisement for work; short term, very visible exposure of the advertisement on www.studentski-servis.com, 20 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;

6.3. Course For Safety At Work And Fire Protection:

- enrolment to the course; 3 hours of lectures, theoretical part, exam 12 EUR/person.

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 web service “webŠtudent” 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. In case of changing General Business Conditions, ŠS d.o.o. has to send notice (letter sent via post, or as notice on the issued invoice, or in case the client uses web service “webŠtudent” or web service “e-office” with the notice via web service/application or via e-mail) to the high school student, university student or business partner (hereinafter also stated as: “client”) about the changes of General Business Conditions that influence the rights and obligations of clients at least 30 days before they become valid. The notice includes the notice that about the change of General Business Conditions and the notice about where the client can get acquainted with the changes. The changes will be published on the internet pages of ŠS d.o.o. or they will be accessible in every office Of ŠS d.o.o. Within the given time the client can withdraw in writing from the contract made under these General Business Conditions without sanctions, but the client has to meet the liabilities and settle any unpaid invoices to ŠS d.o.o. In case the client does not withdraw from the contract in writing, it is considered that client agrees with the changes.

      Valid General Business Conditions are published on the internet page of ŠS d.o.o. and in every office of ŠS d.o.o.

      These General Business Conditions are valid from 1. 2. 2015.

       

      ŠS d.o.o.

      Sebastjan Česnik

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