Terms and Conditions for Participation in the Ferienjob Program
Organizer: SHB Personalservice GmbH.
1. PURPOSE OF AGREEMENT AND GENERAL TERM
WHEREAS, SHB is engaged in the business of providing overseas employment consultation, particularly in facilitating Ferienjob programs in Germany;
WHEREAS, Student is an active student on their semester break that participate of Ferienjob in Germany;
WHEREAS, SHB and Student recognizing this agreement specifically pertains to Ferienjob programs and is distinct from any Internship programs;
WHEREAS, Students acknowledge understanding Ferienjob is a seasonal job for active students who are on semester break and are exempted from studying during the program;
WHEREAS, Students understand that the work provided relies on physical and labor strength.
2. CONTRACT TERM AND TERMINATION
2.1 Duration of Contract:
The agreement between the student and SHB Personalservice GmbH spans a total of nine months.
This period is divided into two phases:
• Six months allocated for processing and preparation.
• Three months designated for work in Germany as part of the Ferienjob program.
2.2 Automatic Termination:
Upon the student’s departure from Germany at the conclusion of the program, the agreement is automatically terminated.
2.3 Termination Due to Violation:
In the event of a breach of contract by the student, such as failure to adhere to program guidelines or violations of German laws, SHB Personalservice GmbH reserves the right to terminate the agreement prematurely.
3. ACCURACY OF DOCUMENTS
3.1 Accuracy of Documents:
The student acknowledges and accepts full responsibility for ensuring the accuracy and authenticity of all documents required for participation in the Ferienjob program facilitated by SHB Personalservice GmbH. Any inaccuracies, errors, incompleteness or discrepancies in the provided documents, including but not limited to passports, visas, work permits, insurance and completeness of documents as stipulated by the Republic of Indonesia are the sole responsibility of the student.
3.2 Consequences of Document Inaccuracy:
In the event of inaccuracies or errors in the student’s documents, including but not limited to visa rejections or work permit denials, resulting in the student’s inability to participate in the program, SHB Personalservice GmbH bears no responsibility or liability. The student agrees to bear any financial, legal, or administrative consequences arising from such inaccuracies, including but not limited to reapplication fees, travel expenses, or legal penalties.
4. COMPLIANCE WITH MAXIMUM LENGTH OF STAY
4.1 Visa Requirements:
The student acknowledges the importance of complying with the maximum length of stay permitted under their visa or any other relevant travel documents issued by the German authorities. It is the student’s responsibility to carefully review and adhere to the duration specified on their visa.
4.2 Adherence to Visa Regulations:
The student agrees to abide by all visa regulations and conditions imposed by the German authorities regarding their stay in the country. Failure to comply with these regulations may result in legal consequences, including deportation and entry bans, for which SHB Personalservice GmbH bears no responsibility.
4.3 Notification of Exceeded Stay:
In the event that the student anticipates exceeding the maximum length of stay permitted by their visa, they must promptly inform SHB Personalservice GmbH to explore potential solutions. However, the ultimate responsibility for adhering to visa requirements lies with the student.
5. SUPPORT FOR LEGAL VIOLATIONS
5.1 Compliance with Legal Requirements:
The student agrees to comply with all applicable laws and regulations of Germany, including immigration laws, labor laws, and any other legal requirements relevant to their participation in the Ferienjob program. Any violations of German law committed by the student during their stay in Germany, including but not limited to illegal employment, misconduct, or criminal activities, are the sole responsibility of the student.
5.2 Accommodation Responsibilities:
Accommodation is provided by the employer and Student are required to pay a rental fee for the duration of the placement. Student are responsible for their accommodation arrangements during their stay in Germany. SHB Personalservice GmbH is not responsible for any damage, loss or liability arising from the student accommodation or any issues related to the accommodation arrangements. Any damage caused by the student to the accommodation facilities or property is the sole responsibility of the student.
5.3 Legal Support Limitations:
While SHB Personalservice GmbH is committed to assisting students to the best of our capabilities, we do not provide legal representation or support for students involved in legal disputes or violations of German law during their participation in the Ferienjob program. The student acknowledges that while we strive to offer guidance and assistance, SHB Personalservice GmbH is not liable for any legal consequences resulting from their actions or behaviors while in Germany. It is the student’s responsibility to seek legal advice and representation independently, if necessary, at their own expense.
6. PAYMENT OF COMMISSION
6.1. Commission Payment Obligation:
The student agrees to remunerate SHB Personalservice GmbH and the designated partner company for the services rendered in facilitating the Ferienjob program. This includes the payment of an agreed commission of €450 to SHB Personalservice GmbH.
6.1.1 Cost Coverage: The agreed-upon cost covers a spectrum of services, including but not limited to student recruitment, administrative support, work permit processing, coordination with authorities, and pre-departure preparations.
6.1.2 Additional Costs: Any additional costs incurred during the employment process, such as visa fees, insurance, travel expenses, or any other incidental costs associated with the Ferienjob program will be the responsibility of the student and are not included in the aforementioned service cost.
6.2. Refund Policy Clarification:
The student acknowledges that the commission fees are non-refundable, The student acknowledges that commission fees are non-refundable, except in cases where an error has been made by the agent in the provision of legal documents. Refunds will be provided solely at the discretion of SHB Personalservice GmbH and the partner company, subject to verification of the circumstances leading to the cancellation.
7. STUDENT REQUIREMENTS AND RESPONSIBILITY
7.1 Student Requirements (as outlined in Standard of Procedure point 4):
7.1.1 The Student must be currently enrolled as an active student at a University.
7.1.2 Proficiency in either English (minimum B1 level) or German (minimum A2 level) is required, as outlined in Standard of Procedure point 4.
7.1.3 The Student must be between 18 and 35 years old throughout the program duration.
7.1.4 The Student must be on academic semester break to participate.
7.1.5 The Student must be enrolled in the Indonesian labor protection program as required by Indonesian law.
7.2 Accommodation and Transportation Costs:
7.2.1 The employer provides the accommodation, and Students are required to pay approximately 20 euros per day/student as rent paid monthly, the payment will be deducted directly from the student’s salary by the employer.
7.2.2 Students are not permitted to find their own accommodation without coordination with SHB Personalservice GmbH during the program period.
7.2.3 Damage incurred during the stay will be the responsibility of the students/ group occupying the accommodation (as described in Standard Procedure point 4.2).
7.2.4 Students are responsible for transportation costs and other unforeseen personal expenses.
7.3 Compliance with Laws and Regulations: Students must adhere to all laws and regulations of Indonesia & Germany during their participation in the Ferienjob program. Students are responsible for covering any expenses incurred due to their actions, such as flight expenses in case of early termination or penalties for violating program rules or German laws.
7.4 Coordination of Travel Plans:
7.4.1 Students must coordinate their travel plans with SHB Personalservice GmbH and Universities, ensuring that their arrival in Germany aligns with the schedule confirmed by SHB and Universities. Any arrival outside of the confirmed schedule is not the responsibility of SHB Personalservice GmbH or Universities.
7.4.2 The student acknowledges and understands the use of public transport to get to the residence provided and can follow the directions of the employer, including but not limited to arrival, placement and return.
7.4.3 SHB Personalservice GmbH and Universities do not bear any responsibility for individual travel arrangements made by students. Any consequences resulting from such arrangements will be the sole responsibility of the student.
8. PLACEMENT AND WAGES
8.1 Placement: Students and employers have a direct relationship so that the calculation of working hours, overtime, shifts and work schedules does not involve SHB Personalservice GmbH, both parties have a mutual understanding in determining the management of working hours and job placement.
8.2 Wages: Students will receive a monthly wage of 13.50 euros per hour with 35 hours of work per week. Wages will be paid by the employer to the student’s account directly within 15-21 business days of the company’s closing of the books.
8.3 Loan: The employer is willing to help students who need financial assistance for students in need by providing a weekly pocket money loan of 125 euros with direct payment through payroll deduction.
8.4 Deductions: The student and the employer will discuss any deductions that may arise in the future.
8.5 Termination of Employment: If the student gets unilateral termination of employment due to negligence or fault of the student, the negligence is fully the responsibility of the student, the consequences arising in the future are fully the responsibility of the student himself.
8.6 Employment Contract: Students will receive a contract from the employer which they must understand and accept. Signing the contract creates a contractual obligation between the employer and the student which remains in force for the entire duration of the project thereafter the responsibility becomes both parties.
8.7 Engagement: The responsibilities and joint decisions that have been agreed upon by students and employers described above, both students and employers have agreed to communicate together without involving the approval of SHB Personalservice GmbH.
9. GOVERNING LAW AND DISPUTE RESOLUTION
9.1. Legal Jurisdiction: This Agreement is governed by the laws of the country of Germany. Any disputes or claims arising from or related to the use of SHB Personalservice GmbH Services will be subject to the legal jurisdiction of Germany.
9.2. Dispute Resolution: Any dispute or claim arising from the use of SHB Personalservice GmbH Services will be resolved through alternative dispute resolution efforts, such as mediation or arbitration, in accordance with German law.
9.3. Company Domicile Determination: Despite the student possibly being located outside Germany, users agree that the determination of SHB Personalservice GmbH company domicile in Germany will remain the basis for legal jurisdiction and dispute resolution.
9.4 Force Majuere:
9.4.1 Neither party shall be liable for any failure or delay in performance under this Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, acts of government, war, terrorism, civil unrest, labor strikes or disputes, pandemic, epidemic, or any other unforeseeable event (hereinafter referred to as “Force Majeure Event”).
9.4.2 Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other party in writing, providing details of the event and its anticipated impact on the performance of this Agreement.
9.4.3 The obligations of the affected party shall be suspended during the continuance of the Force Majeure Event to the extent and for the duration that such event prevents or delays the affected party’s performance under this Agreement.
10. CHANGES AND AMENDMENTS
Any updates or revisions to these terms will be communicated promptly and clearly to the student, in accordance with the established procedures outlined in the General Terms of Service for SHB Personalservices GmbH.
By agreeing to these Terms and Conditions, the Student acknowledges understanding and acceptance of all responsibilities and requirements as outlined.