Legal
Terms Part A – Recruitment & Placement
Private employment and personnel placement and recruiting
Preliminary note
These Special Terms and Conditions (“Part A”) supplement the Master Terms of Asghar Consultants e.K. for personnel placement and recruiting services. They apply only to the extent that they have been validly incorporated into the respective contract. Individual agreements in the respective contract, offer or order may contain supplementary or deviating provisions.
A.1 Scope
These Special Terms and Conditions apply to services of Asghar Consultants e.K. in the field of private employment and personnel placement and recruiting. They cover in particular the identification, approach, pre-selection, qualification check, presentation and support of candidates, as well as support in national and international recruiting processes. The specific scope of services is determined by the respective contract, offer, order or requirements profile.
A.2 Scope of services
AsgCon provides the placement and recruiting services agreed in each case. These may include in particular analysis of staffing needs and requirements, candidate search and approach, pre-selection, plausibility checks of information and documents, interview coordination, presentation of suitable candidates, and support of the selection and placement process. For international projects, agreed preparatory or organisational steps may be added. The specific scope is determined individually. Statutory form requirements, in particular the requirements of Section 296 SGB III applicable to private employment placement, take precedence over general rules on the conclusion of contracts by electronic means.
A.3 Candidate proposal
A candidate proposal exists when AsgCon names or makes available to the Client a specific person as a potentially suitable candidate for a specific staffing need. This may be done in writing, electronically, via a recruiting system, by e-mail or in any other traceable form. A candidate proposal does not constitute a guarantee of professional, personal or legal suitability. The final selection decision rests with the Client, unless expressly agreed otherwise.
A.4 Remuneration
The remuneration is governed by the respective contract, offer or individual remuneration agreement. Where a success-based placement fee has been agreed, it generally becomes due only once the successful placement defined in the contract has occurred, insofar as legally permissible. The mandatory statutory requirements apply to private employment placement, in particular Sections 296 et seq. SGB III. When placing apprenticeship or other training positions, the statutory restrictions are observed; in particular, where Section 296a SGB III applies, a fee for placing a training position may be agreed and demanded only from the employer. Remuneration, payment milestones and due dates may be specified individually.
A.5 Successful placement
A successful placement is exclusively the event defined in the respective contract, for example the conclusion of an employment contract or another expressly agreed event. The mere transmission of a candidate profile, the holding of an interview or the start of a selection process does not constitute a successful placement, unless expressly agreed otherwise. Statutory provisions on remuneration and its due date remain unaffected.
A.6 Candidate protection and placement protection
Where agreed, placement or candidate protection for a specific period may be agreed for a candidate demonstrably presented by AsgCon. It serves to attribute the candidate introduced by AsgCon to the specific placement process and to secure an agreed remuneration. It does not establish any general exclusivity of the Client. A protection period may in particular be up to twelve months, provided this has been expressly agreed. The Client may prove that the candidate concerned was already, before being introduced by AsgCon, the subject of a specific, traceable selection or placement process aimed directly at employment.
A.7 Candidates already known
If a person proposed by AsgCon was already specifically known to the Client before the proposal and a demonstrable, specific selection or placement process already existed, the Client must inform AsgCon of this without undue delay and, on request, substantiate it in a traceable manner. Mere general knowledge of the person or an earlier, concluded contact without a current, specific placement process is generally not sufficient. Individual agreements remain unaffected.
A.8 International personnel placement
Cross-border personnel placement may be subject to additional statutory and regulatory requirements. AsgCon informs Clients and – where provided by law – candidates of the respective required framework conditions in the form and language required by law, in particular the information required under Section 299 SGB III. Visa, residence, recognition, professional or work permit procedures are supported only to the extent expressly agreed. Decisions are made by the competent authorities or bodies. No particular visa, residence or employment outcome is guaranteed.
A.9 Duties to cooperate
The Client provides the information required for performance in a timely, complete and accurate manner. This includes in particular current job and requirements profiles, the nature of the work, place of work and working conditions, required qualifications and language skills, remuneration and essential terms of employment, contact persons and prompt feedback. Delays or additional effort caused by late, incomplete or incorrect cooperation may lead to an adjustment of the schedule and – where agreed and legally permissible – to additional costs.
A.10 Communication and conduct
The Client undertakes to communicate with candidates and with AsgCon in a factual, respectful and non-discriminatory manner. Selection decisions and feedback should be provided within reasonable time limits. Changes to staffing needs, job requirements, remuneration or essential framework conditions must be communicated to AsgCon without undue delay.
A.11 Data protection and candidate documents
Personal data and candidate documents are processed within the framework of applicable data protection law and used only for permissible purposes. The special statutory requirements on the handling of placement data and documents apply to employment and personnel placement. In particular, the mandatory requirements of Section 298 SGB III take precedence over the general provisions of these terms and conditions. Candidate documents may be transmitted only to the extent necessary and only to authorised bodies intended for the respective process. Once the purpose of the placement has been fulfilled, documents and data must be returned, deleted or otherwise properly handled in accordance with statutory obligations, contractual agreements and data protection requirements. Further details are set out in AsgCon’s privacy policy and, where applicable, separate data protection agreements.
A.12 No guarantee
Unless expressly agreed otherwise, AsgCon owes the agreed placement and recruiting services, but not the achievement of any particular result. In particular, no guarantee is given for the actual hiring of a candidate, the conclusion or continuation of an employment contract, the issuance of a visa or residence permit, the recognition of foreign qualifications, decisions by authorities, passing an examination, any particular duration of the employment relationship, or actual suitability for all of the Client’s requirements. The final selection and hiring decision rests with the Client, unless mandatory statutory or individual contractual provisions provide otherwise.
A.13 Termination of the process, withdrawal and special cases
A placement or recruiting process may be terminated early for objective reasons, in particular if the position is no longer available, requirements are materially changed, the candidate ends the process, or continuing the process is objectively no longer sensible. Termination by the candidate does not automatically give rise to an obligation of the Client to pay remuneration if the agreed successful placement has not occurred. This does not apply only where an effective individual agreement for a particular special case provides for a legally permissible remuneration or cost arrangement. For international projects, additional provisions on individual procedural steps, costs, refunds or replacement candidates may be agreed.
A.14 Replacement placement
A replacement placement is owed only if this has been expressly agreed in the respective contract or offer. Where a replacement placement has been agreed, the contract and its conditions determine in particular the time limits, grounds for exclusion and extent of the replacement service. A replacement placement does not automatically replace a statutory or contractual claim to remuneration or refund.
A.15 Special agreements
Individual agreements may in particular specify concrete positions or occupational groups, candidate profiles, remuneration and payment milestones, placement protection, time limits, replacement placement, refund or credit, international process steps, and special documentation, cooperation, compliance or data protection requirements. Such agreements must be validly concluded and incorporated into the respective contract.
A.16 Relationship to the Master Terms
These Special Terms and Conditions supplement the Master Terms of Asghar Consultants e.K. The following order of precedence applies to the respective placement or recruiting assignment: 1. mandatory statutory law, 2. individually negotiated agreements, 3. individual contract, order or project order, 4. expressly incorporated Special Terms and Conditions Part A, 5. Master Terms. Where the Master Terms contain no special provision for the specific assignment, they continue to apply in addition. Statutory provisions on form, information, data protection or consumer protection take precedence over conflicting contractual provisions.
Legal incorporation
Part A forms part of the modular AsgCon terms and conditions system and does not replace any individual information required by law, any privacy policy, or any individual project or placement contracts. In special statutory situations, the mandatory statutory requirements apply.
Version 1.0 · Last updated: 28 September 2026
This English version is provided for convenience; the German version (AGB Teil A – Personalvermittlung & Recruiting) is authoritative.