Legal Disclosures

Who we are

This website and its content are provided by a private person without commercial interests.
The responsible party in terms of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

Donald Gisin
Fabrikstrasse 10
CH-4123 Allschwil

E-Mail: donald@gisin-partner.ch

Telephone: +41 79 444 81 25

Copyright

The copyright for all content of this website is held by Gisin & Partner GmbH.

General Terms and Conditions

Version 2004.2 (valid from 01.01.2025)
These General Terms and Conditions form an integral part of the contract for permanent placement and come into force upon conclusion of the contract of employment of the candidate proposed by Gisin & Partner GmbH.

1. Permanent Staff

The hiring of an applicant recommended by Gisin & Partner GmbH triggers the following fee claim:

  • Gross annual salary from CHF 89’999.- 16% of the gross annual salary
  • Gross annual salary from CHF 90'000.- 18% of the gross annual salary
  • Gross annual salary from CHF 110,000.- 20% of the gross annual salary
  • Gross annual salary from CHF 130,000.- 22% of gross annual salary
  • Gross annual salary from CHF 150,000.- 24% of gross annual salary
  • Gross annual salary from CHF 170,000.- 26% of gross annual salary
  • Gross annual salary from CHF 190,000.- 28% of gross annual salary
  • Gross annual salary from CHF 210,000.- 30% of gross annual salary
  • Gross annual salary from CHF 250,000.- 35% of the gross annual salary

The gross annual salary is the annual salary subject to AHV contributions, calculated as follows:
Gross monthly salary x 12, plus 13th month's salary, gratuities, commissions, bonus, and other allowances in accordance with the client's internal company regulations. In the case of performancerelated salary, the target salary is decisive. In the case of part-time contracts (less than 75 % of the full working hours in the client company), 2/3 of the fee of the theoretical gross annual salary based on the full working hours shall be invoiced.

2. Assignments on a mandate basis

The brokerage fee depends on the type and scope of services as well as the degree of difficulty and is agreed individually before the mandate is awarded. A mandate is considered exclusive, i.e. no other consultants are involved. Any candidates proposed by third parties must be included in our selection process. The mandate may be interrupted or terminated by the client at any time. The revocation must be made in writing. Until revocation, the fees and ancillary costs incurred up to that point will be invoiced.

3. Safeguard clause

If a client hires a candidate proposed by Gisin & Partner GmbH before the expiry of twelve months after the presentation of the application documents, Gisin & Partner GmbH is entitled to demand the fee in accordance with clause 1. Gisin & Partner GmbH is entitled to this fee, irrespective of the reasons that led to the conclusion of the contract; in particular also if the candidate proposed by Gisin & Partner GmbH has spontaneously introduced himself to the client or the client has contacted him or his name has been given to the client by a third party. The client is obliged to maintain absolute discretion with regard to the personal and professional circumstances of the candidates presented to him by Gisin & Partner GmbH for reasons of personal protection. Reference information may only be obtained with the express consent of the candidate and by Gisin & Partner GmbH. 

4. Guarantee

If an employee recruited by Gisin & Partner GmbH resigns during the probationary period (3 months), the customer can trigger the guarantee by immediate notification (copy of letter of resignation). The contractually agreed leaving date is decisive. Gisin & Partner GmbH has the right and assumes the obligation, subject to immediate notification, to actively support the customer in reoccupying the position for a period of 6 months. If the customer does not take advantage of the opportunity to fill the vacancy, his entitlement to the guarantee shall lapse. The guarantee also does not apply if the customer or the company dismisses the employee due to a sale, restructuring or changes within the department or if the employee resigns for one of the aforementioned reasons. The search for a replacement candidate is free of charge; the client only has to bear the expenses for new advertisements. 

5. Data Protection

Personnel dossiers sent to the client by Gisin & Partner GmbH remain the property of Gisin & Partner GmbH, with the exception of the dossier of the candidate recruited by the client. All applicant dossiers are to be treated confidentially and returned to Gisin & Partner GmbH if not used or destroyed. Under no circumstances may these documents be made accessible to third parties or used directly or indirectly. 

6. Liability

The recruitment and selection services provided by Gisin & Partner GmbH are in no way a substitute for a thorough examination of the candidate by the client. Once employment has been concluded with a proposed candidate, the client assumes full responsibility for his choice. Gisin & Partner GmbH has no contractual relationship with the candidate and receives no compensation or other remuneration from the candidate. The services provided by Gisin & Partner GmbH are in no way a substitute for a thorough examination of the candidate by the client. Gisin & Partner GmbH declines all responsibility and liability, in particular with regard to a) statements made by the candidate himself, namely concerning health, non-competition, reputation and creditworthiness, b) the execution of work entrusted to the candidate in the course of his work, c) damage of any kind caused by the candidate and d) information from third parties, namely reference and official information.

7. Value Added Tax (VAT)

All service rendered by Gisin & Partner GmbH are subject to the federal ordinance on value added tax. Consequently, the fees and/or costs stipulated in these General Terms and Conditions shall be increased by the currently applicable VAT rate. 

8. Terms of Payment

Invoices from Gisin & Partner GmbH are payable strictly net within 10 days of receipt. In the event of late payment, default interest of 8% will be charged from the due date. Prices are subject to change without notice.

9. Effectiveness of the General Terms and Conditions

These General Terms and Conditions come into force when an order is placed verbally or in writing and are expressly declared to be an integral part of the contract between the client and Gisin & Partner GmbH when the client invites a candidate to an interview(s). Individual agreements, mandates and orders for selection support and additional services shall be recorded in writing. Any invalidity of a provision of these General Terms and Conditions shall not affect the legal validity of the remaining provisions. In this case, the invalid provision shall be replaced by a provision that best corresponds to the economic and legal purpose that it was intended to achieve.

10. Place of jurisdiction and applicable law

The General Terms and Conditions are subject to Swiss law. The place of jurisdiction is Basel-Land.