1.Scope of application
The following General Terms and Conditions (GTC) apply to all contractual relationships (placement contracts, qualification agreements) and services between apm medical GmbH and hospitals, hospital associations, facilities, organisations (hereinafter: clients) as well as nursing staff and business partners. If the client uses its own General Terms and Conditions, the General Terms and Conditions of apm medical GmbH shall take precedence, unless the parties agree otherwise in writing.
2.Conclusion of contract
Carers: After a thorough examination of the application documents submitted by the carer and a comparison with the requirements of clients in Germany, the services and requirements contained in the placement relationship are set out in writing in the form of an individual contract with the carer.
Customers: The prices for services provided by apm medical GmbH are quoted in euros and do not include the applicable statutory VAT. The contract between apm medical GmbH and the customer (clinic / medical facility) is concluded individually and regulates the modalities of the fees incurred. The service requires that the nursing staff placed have language level B1 in accordance with the currently valid legal regulations, which is guaranteed by apm medical GmbH.
3.Fair recruitment of nursing staff
By concluding a contract, we, apm medical GmbH, commit ourselves and our nursing staff, customers and business partners to comply with the following standards:
a) Compliance with the World Health Organisation’s (WHO) Code of Conduct for the International Recruitment of Health Professionals and the ban on recruitment from countries which, according to the WHO, have a shortage of health professionals.
b) Adherence to the ‘employer pays’ principle, according to which all costs associated with the recruitment and immigration of international nursing staff are borne exclusively by the employer in Germany. This includes covering all recruitment costs so as not to impose any economic risk on the carers. The placement and the associated services are free of charge for the carers. Any direct or indirect fees or costs associated with the placement (including for business partners) are borne solely by the employer in Germany. This excludes payments such as deposits, security deposits or contractual penalties.
c) Compliance with the United Nations Guiding Principles on Business and Human Rights.
d) Compliance with the General Principles and Operational Guidelines for Fair Recruitment and Determination of Recruitment Fees and the Core Labour Standards of the International Labour Organization (ILO).
e) apm medical GmbH undertakes not to place nurses in employment contracts that contain commitment and repayment obligations relating to the costs of the placement.
apm medical GmbH reserves the right to verify compliance with these terms and conditions and principles by business partners at any time and as required and to request appropriate evidence if necessary. This also includes the right of cancellation in the event of repeated non-compliance.
apm medical GmbH expressly recommends that all customers establish measures and instruments for operational and social integration, promote language skills in German and provide support during familiarisation. apm medical GmbH offers its support in establishing and implementing these measures.
The corporate principles are linked on the website.
4.Matching
a) The application documents of the nursing specialist are compared with the requirements of our customers in Germany. Based on the preferences and requirements of both parties, an assignment is made to a potential employer.
b) The nurse is free to decline the job without giving reasons.
c) If no matching is achieved, a new matching will be scheduled.
d) All recruitment costs shall be borne by apm medical GmbH.
5.Recognition process
apm medical GmbH accompanies and supports nurses in having their qualifications recognised by the relevant authorities. In the case of partial recognition, an adaptation measure is carried out in accordance with official guidelines or preparations for the knowledge test. Here too, apm medical GmbH is on hand to support the qualified nurse.
6.Change
apm medical GmbH and its clients agree in individual contracts that both the nursing staff placed and the hospital/facility can withdraw from the contract in compliance with legal regulations.
7.Relocation
apm medical GmbH undertakes, together with the nurse’s employer, to provide support in dealing with the authorities, visa matters and the recognition process – so-called relocation.
8.Data protection
a) apm medical GmbH treats personal data confidentially and observes the statutory data protection regulations.
b) The customer agrees to the computerised use of his contractual data insofar as this is necessary for order processing and legally permissible. (see point 7 ‘Data protection declaration’)
9.Term and cancellation
9.1 Unless otherwise agreed, the contract is concluded for an indefinite period and may be terminated by either party with a notice period of four weeks to the end of a calendar quarter.
9.2 The right to extraordinary termination for good cause remains unaffected.
9.3 Amendments or supplements to this contract, including its cancellation or termination by mutual agreement, must be made in writing. The written form requirement shall also apply to any deviation from the written form requirement. There are no verbal collateral agreements.
9.4 Brokerage orders that are being processed at the time a cancellation takes effect shall be processed by the contracting parties in accordance with the provisions of this contract even after the end of the term of this contract, unless the processing of one of the contracting parties is unreasonable for a reason within the sphere of the other contracting party.
10. Final provisions
Should any provision of these GTC be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
