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GENERAL TERMS AND CONDITIONS OF BUSINESS

General Terms and Conditions (GTC) of LMT Personal GmbH

as amended on 06 February 2026

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1. Authorization for Temporary Employment

LMT Personal GmbH (hereinafter also referred to as the “Lessor”) holds an unlimited license for the provision of temporary employment as well as for personnel recruitment and personnel consulting.

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2. Contractual Relationships and Termination

Contractual relationships exist exclusively between LMT Personal GmbH and the client (hereinafter also referred to as the “Hirer”). Prior to each provision of temporary staff, a written contractual basis must be established which complies with the requirements of the Austrian Temporary Employment Act (AÜG). Offers made by LMT Personal GmbH are non-binding.

A contract is concluded either by the client’s signing of the offer, by written order confirmation issued by LMT Personal GmbH – without signature – or by the commencement of work by the assigned employees. The minimum assignment duration is in any case one full working day. If employees are ordered for shorter assignments, the full working day will nevertheless be charged.

Unless otherwise agreed, a notice period of two months to the end of the calendar month applies to both parties for termination of the temporary employment contract. Notice of termination may be given in text form (email, fax); oral notice must be confirmed in writing without delay.

Irrespective thereof, individual assigned employees may be returned with a notice period of two weeks to the end of the working week. The nature and scope of the work as well as work scheduling of the assigned employees shall be agreed exclusively with LMT Personal GmbH. The client may deploy employees only within the scope of the agreed temporary employment contract. The right to issue instructions and supervision lies with the client.

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3. Premature Termination of the Contract

LMT Personal GmbH is entitled to terminate the contract prematurely without observing notice periods or dates if there is good cause. Good cause shall exist in particular if:

  • the client is in payment default for eight calendar days;

  • the opening of restructuring or insolvency proceedings regarding the client’s assets is rejected due to lack of assets;

  • services of LMT Personal GmbH cannot be rendered due to force majeure, illness, or accident of one or more employees;

  • the client, despite reminder and a grace period of five working days, fails to comply with occupational safety or duty-of-care obligations toward the assigned employees.

4. Recall and Postponement

LMT Personal GmbH may recall assigned employees at any time, provided that replacement is made by equally qualified employees. Extraordinary circumstances entitle LMT Personal GmbH to postpone orders in time or to withdraw from them in whole or in part. Claims for damages are excluded.

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5. Information Obligations of the Client

The client is obliged to inform LMT Personal GmbH prior to the commencement of the assignment of all circumstances essential for the provision of staff, in particular the required qualifications of the assigned employee, the related collective bargaining classification applicable at the hirer for comparable employees performing comparable work, as well as the essential working and employment conditions applicable at the hirer which are laid down in binding provisions of a general nature (e.g. works agreements) and relate to remuneration, working hours, and leave.

The client must inform LMT Personal GmbH of the performance of heavy night work pursuant to the Night Heavy Work Act or the Heavy Work Ordinance as well as piecework and bonus-based work. If LMT Personal GmbH incurs expenses or damages due to incorrect or incomplete information provided by the client and resulting subsequent claims by the assigned employee, the client shall be liable for the remuneration differences to be paid retroactively to the employee, plus administrative costs and any damages incurred by LMT Personal GmbH as well as any administrative penalties.

The client guarantees the accuracy and completeness of all information regarding the assignment site, activities of the assigned employees, working conditions, minimum wages, works agreements, collective agreements, and notifications to chambers. Any changes during the assignment period must be communicated to LMT Personal GmbH without delay. Incorrect or incomplete information entitles LMT Personal GmbH to adjust the temporary employment contract, including the hourly rates. Legal or collective bargaining changes oblige the parties to make timely contractual adjustments. If a required notification is omitted, the hirer shall be liable to the lessor for all resulting disadvantages.

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6. Pregnancy of an Assigned Employee

The hirer is obliged to inform LMT Personal GmbH immediately upon becoming aware of the pregnancy of an employee assigned to its operation. From the time the hirer becomes aware of such pregnancy until the commencement of the statutory employment prohibition for the expectant mother (§ 3 MSchG), the hirer is not permitted to terminate the assignment due to pregnancy or to return the pregnant employee to the lessor, unless statutory employment prohibitions prevent continued employment.

 

7. Occupational Safety and Duty of Care

The client bears responsibility for occupational safety, accident prevention, and the provision of necessary protective equipment. Occupational medical measures and first-aid measures must be ensured by the client. Work-related accidents must be reported immediately in writing to the competent authority; a copy must be forwarded to LMT Personal GmbH.

During the assignment, the client must grant the assigned employees access to company welfare facilities and measures under the same conditions as its own employees and must inform them of vacant positions within the company through general announcements. The client must observe equal treatment provisions and anti-discrimination rules during selection, throughout the assignment period, and upon termination of the assignment.

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8. Access and Supervision

The specialists responsible for occupational safety and occupational medicine at the client’s premises shall supervise the assigned employees within the scope of their duties. Copies of reports must be made available to LMT Personal GmbH. The client grants the competent specialists and representatives of LMT Personal GmbH access to the workplaces of the assigned employees.

 

9. Working Time and Rest Periods

The provisions of the Working Time Act must be complied with. For assignments requiring notification to or approval by the Labour Inspectorate or another authority, the hirer must provide the required information or obtain approval. If, due to Sunday work and thus failure to achieve the legally required minimum weekend rest period, the employee is entitled to paid compensatory rest, such rest must be confirmed as paid time off on the time sheets. Such compensatory rest periods shall be charged at the normal hourly rate.

 

10. Activity Records and Invoicing

Assigned employees shall keep written records of hours worked and services rendered. The client shall review and sign the activity records of the assigned employees and shall name in writing the persons authorized to review and sign such records. If the client fails to do so, every employee of the client shall be deemed authorized vis-à-vis LMT Personal GmbH.

If the client fails to sign the records despite one written reminder, these records shall form the basis for invoicing and payroll even without the client’s signature. Time records must be submitted in writing to LMT Personal GmbH no later than the 5th day of the following month. Invoices are issued monthly in arrears and are due within 30 days of receipt without deduction. Default interest is charged in accordance with statutory provisions.

If the type or scope of the work of the assigned employee has been recorded incorrectly in the time records to the detriment of LMT Personal GmbH, for whatever reason, LMT Personal GmbH is entitled to issue a subsequent invoice based on the work actually performed for remuneration differences payable to the employee plus administrative costs. If remuneration or social security provisions applicable to assigned employees change after order placement due to legal or collective bargaining adjustments, LMT Personal GmbH is entitled to increase the rates by the same percentages as such adjustments.

If an employee is absent for any reason or fails to appear at the agreed place of assignment, the client must inform LMT Personal GmbH immediately; otherwise, LMT Personal GmbH’s entitlement to remuneration for such absence periods remains in effect within the client’s working time model. In the event of default, LMT Personal GmbH is entitled to charge default interest in the amount of the cost of credit procurement, but at least 10% per annum. Furthermore, the client undertakes to bear all reminder, collection, legal, and information costs associated with the recovery of outstanding receivables.

In the event of default, LMT Personal GmbH is entitled to suspend service provision and withdraw assigned employees without notice. The client is not entitled to offset claims against LMT Personal GmbH against the remuneration for the provision of employees. There is no right of retention with respect to remuneration owed for temporary employment.

 

11. Industrial Action / Strike

In the event of a strike or industrial action, assigned employees have the right to refuse performance. If the employee does not exercise the right to strike, the client must deploy the employee. If the employee is not deployed, downtime hours must be remunerated by the client. The notice periods agreed in the temporary employment contract remain unaffected by strike or industrial action.

 

12. Liability / Warranty

The liability of LMT Personal GmbH is limited to fault in selection. In terms of amount, liability is limited to the respective order value for the affected assigned employee during the relevant assignment period or to the coverage amount of the public liability insurance, insofar as coverage exists. LMT Personal GmbH is only liable for formal qualifications if the agreed qualification can be verified by inspection of certificates.

Any further liability exists only in cases of intent or injury to life, body, or health. LMT Personal GmbH is not liable for work results or damages caused by assigned employees. Compensation for consequential damages, pure financial losses, loss of profit, production downtime, and damages arising from third-party claims (e.g. contractual penalties owed by the client to its customers) is excluded.

The client bears the burden of proof for gross negligence. Claims for damages by the client must be asserted within six months of becoming aware of the damage, failing which they are forfeited. The client indemnifies LMT Personal GmbH against third-party claims for damages.

Complaints regarding professional qualifications must be raised immediately, at the latest within 48 hours. For defects that could not be detected during immediate inspection at the commencement of work, the warranty period is six months from the start of work. Such defects must be reported in writing within 48 hours of detectability, failing which warranty, damage claims, and/or contestation due to error are excluded. Failure to notify within the deadline excludes all related claims.

 

13. Handling of Valuables and Payments

Assigned employees may not be entrusted with money, valuables, or non-agreed work unless expressly agreed in individual cases or clearly inherent to the assigned activity. Payments or advances to assigned employees are prohibited.

 

14. Surcharges for Special Working Hours

Additional work, overtime, night work, shift work, weekend and public holiday work shall be remunerated as follows:

  • 50% for exceeding normal working hours and for assignments on Saturdays;

  • 100% for working hours exceeding 10 hours per day and for assignments on Sundays and public holidays.

In the event of overlapping surcharges, only the higher surcharge shall apply.

 

15. Special Services

Special services are services rendered at the client’s request as well as additional expenses caused by the client, unless otherwise expressly regulated in the respective offer and/or signed order confirmation. These include, but are not limited to:

  • settlement of expenses;

  • settlement of travel and transport costs;

  • reprocessing, recalculations, and other client-induced activities;

  • preparation of evaluations and reports;

  • special selection and recruitment procedures;

  • aptitude and qualification tests;

  • issuance, administration, and return of client-owned materials (e.g. stamps, access cards, locker keys, work clothing);

  • performance of safety-related basic instructions by the hirer;

  • provision of workplace-related personal protective equipment;

  • provision of work equipment such as tools;

  • non-refundable occupational medical examinations (AUVA), even if carried out prior to assignment at the client’s request;

  • non-reimbursable costs for training and further education measures plus administrative costs;

  • administrative costs related to reimbursable training and further education measures.

Special services are invoiced based on actual costs incurred plus administrative costs and charged accordingly to the client. Administrative costs are calculated based on actual time spent and charged at the applicable hourly rate for administrative staff of EUR 100 plus VAT, billed per commenced quarter-hour.

 

16. Placement Fee

The takeover of assigned employees must be notified in writing to LMT Personal GmbH at least three weeks prior to the planned permanent employment, including the start date. The client owes a placement fee if a formerly assigned temporary worker is hired by the hirer within six months from the start of assignment. For skilled workers, a placement fee applies if the takeover occurs within nine months from the start of assignment.

For each commenced month within this period prior to expiry of the six- or nine-month period, the placement fee amounts to EUR 1,000 net plus VAT. For direct personnel placement without prior assignment, a placement fee of three gross monthly salaries plus VAT applies. If the client hires candidates proposed by LMT Personal GmbH for assignments without coordination with LMT Personal GmbH or deploys them via other temporary employment agencies, the placement fee is likewise due. The fee becomes payable upon commencement of employment. Special costs such as job portal advertisements, interviews, or tests are invoiced separately.

 

17. Data Protection and Confidentiality

The client processes personal data exclusively in compliance with data protection law (GDPR, DSG). The confidentiality obligation continues after termination of the contract. Information on data processing by LMT Personal GmbH is available at www.lmt-personal.at.

 

18. Final Provisions

No tacit or oral ancillary agreements have been made. Amendments or supplements to the contract are only effective if agreed in writing. This also applies to amendments to this written-form clause. Where written form is required under this contract, this requirement is satisfied by letter or email in simple text form (even without signature).

Austrian substantive law shall apply exclusively, excluding conflict-of-law provisions, in particular those of international private law referring to foreign law, as well as the UN Convention on Contracts for the International Sale of Goods (CISG). This also applies to questions regarding the conclusion and interpretation of the contract.

For all disputes arising out of or in connection with this contract, the court having subject-matter jurisdiction at the registered office of LMT Personal GmbH is agreed as the place of jurisdiction. Should one or more provisions of this contract be or become wholly or partially invalid, this shall not affect the remaining provisions. The parties undertake to replace the invalid provision with a regulation that comes closest to the economic purpose of the invalid provision.

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