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

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

1. Permanent Staff

The employment of a candidate recommended by Gisin & Partner GmbH triggers the following fee entitlement:

  • Gross annual salary up to CHF 90,000 - 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 agency fee depends on the type and scope of the service as well as the degree of difficulty and is agreed individually before the assignment is placed. A mandate is considered exclusive, i.e., no other consultants are involved. Any candidate 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 incidental costs incurred up to that point shall be invoiced.

3. Safeguard clause

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

4. Guarantee

If an employee recruited by Gisin & Partner GmbH leaves the company during the probationary period (3 months), the customer can trigger the guarantee by notifying Gisin & Partner GmbH immediately. Gisin & Partner GmbH has the right and assumes the obligation, under the condition of immediate notification, to actively support the customer in filling the position for 6 months. If the customer does not take advantage of the possibility of filling the position, his claim to the guarantee shall lapse. Furthermore, the guarantee does not apply if the client or the company dismisses the employee due to a sale, restructuring or changes within the department or if the employee - for one of the aforementioned reasons - resigns. The search for a replacement candidate is free of charge, the client only has to pay the expenses for renewed 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. Gisin & Partner GmbH therefore declines all responsibility, both with regard to the statements made by the candidate and with regard to the execution of work entrusted to him in the new employment relationship.

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 net within 10 days of receipt.

9. Jurisdiction and Applicable law

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