Any exclusive mandates, temporary staff supply contracts or payrolling services are not covered by these GTC and shall be governed by separate agreements.
These General Terms and Conditions apply exclusively to recruitment processes relating to Lombardi SA’s offices located in Switzerland. For recruitment intended for offices located in other countries, Lombardi SA reserves the right to apply different conditions or specific agreements.
By submitting a candidate, the Agency confirms that it has read and accepted these General Terms and Conditions. Any general terms and conditions of the Agency shall not apply, even if they have not been expressly contested by Lombardi SA. Acceptance of these GTC shall also apply where the Agency declares that it applies its own general terms and conditions.
These GTC do not grant the Agency any exclusivity rights.
Lombardi SA remains free to search for candidates for the same positions directly or through other recruitment agencies, without this giving rise to any entitlement to compensation, indemnity or reimbursement for the Agency.
The Agency must hold a valid operating licence issued by the cantonal labour office in accordance with the Swiss Federal Act on Employment Services and the relevant ordinance (OC, RS 823.111).
Foreign Agencies must hold a valid authorisation in their country of origin, as well as the SECO authorisation for cross-border recruitment.
At Lombardi SA’s request, the Agency must present the above-mentioned authorisations for inspection at any time and immediately notify Lombardi SA of any revocation thereof.
If the Agency does not hold valid authorisations, Lombardi SA shall be entitled to revoke the recruitment mandate with immediate effect and without any financial consequences for Lombardi SA. If a placement has been made in the absence of a valid operating licence, the Agency shall forfeit its right to compensation or, if compensation has already been paid, shall refund it to Lombardi SA within 30 days. Any claims for damages by Lombardi SA remain expressly reserved.
The Agency shall:
If a candidate is submitted by more than one agency, only the first complete submission received by Lombardi SA shall be considered valid.
Furthermore, if a candidate is already present in Lombardi SA’s database prior to submission by the Agency, no commission or compensation shall be due to the Agency.
Applications submitted by email shall not be considered.
The Agency shall be entitled to compensation only in the event that an employment contract is signed between Lombardi SA and the proposed candidate.
Indicative fee scale (based on the annual gross salary at 100%, including the 13th salary):
In the event that the employee is hired on a part-time basis, the compensation shall be calculated on a pro-rata basis.
The compensation includes all expenses and activities of the Agency (advertising, interviews, travel, etc.).
The Agency shall issue an invoice after the employment contract has been signed.
Payment shall be made within 30 days of receipt of a valid invoice.
Bonuses, incentives, benefits, stock options and similar items are excluded.
Any receivables that the Agency may have against Lombardi SA under these GTC may not be assigned, transferred or pledged, in whole or in part, without Lombardi SA’s prior written consent.
Any assignment made in breach of this clause shall be null and void and shall have no effect vis-à-vis Lombardi SA.
The Agency undertakes to guarantee the accuracy of the selection.
In the event of termination of the employment relationship during the warranty period, the Agency undertakes to refund Lombardi SA as follows:
As an alternative to a refund, Lombardi SA may accept the free submission of a replacement candidate within 30 days. For such candidate, the same right to refund or replacement shall apply in the event of termination of the employment relationship during the warranty period, and so on.
Both parties undertake to comply with the Swiss Federal Act on Data Protection (FADP).
Candidate data shall be processed exclusively for recruitment purposes and deleted upon completion of the selection process, unless otherwise required by law.
The Agency may not contact or propose employees working for Lombardi SA to other companies for the entire duration of their employment relationship with Lombardi SA.
In the event of a breach, a contractual penalty equal to 20% of the annual salary of the employee concerned shall be due.
Payment of the penalty shall not release the Agency from compliance with these GTC nor preclude claims for further damages.
The Agency shall be liable for any damage caused to Lombardi SA as a result of negligence, omissions or conduct contrary to the law or to these GTC.
These GTC shall be valid, binding and effective from the moment they are accepted by the Agency and shall replace any prior agreements or understandings, whether written or oral, entered into between the Parties prior to the acceptance of these GTC.
These GTC are concluded for an indefinite term.
Should one or more provisions of these GTC be or become null, invalid or unenforceable, in whole or in part, this shall not affect the validity of the remaining provisions.
The invalid provision shall be replaced by a valid provision that comes as close as possible, from an economic and legal perspective to the purpose of the original provision.
These GTC shall be governed by Swiss law.
The exclusive place of jurisdiction for any disputes arising out of or in connection with these GTC and the contractual relationship between the parties shall be the Court of Bellinzona (Switzerland).