Terms Medical Scouting

These terms and conditions regulate the cooperation between the client (employer) and the contractor (Helvetia Med AG) with regard to scouting, recruiting and the placement of doctors, medical staff and nursing staff and are signed as binding between the client (employer) and the contractor (Helvetia Med AG) and agreed. The currently valid version can be found on the homepage of Helvetia Med AG and is also recognized as binding with a signature.

Agreements that deviate from and/or supplement the General Terms and Conditions of Helvetia Med AG require a written agreement or an agreement concluded by e-mail and written or e-mail approval from the management of Helvetia Med AG, regardless of whether the deviating agreement is valid Agreement is of an individual nature or includes the partial or complete adoption of the general terms and conditions of the client.

The General Terms and Conditions of Helvetia Med AG also apply to all future recruitment transactions between the client and the contractor, regardless of whether the General Terms and Conditions are then submitted to the client again.

a) A contractual relationship is established when the contractor sends the client a contact (lead) or introduces a candidate and the client contacts this candidate ( e.g. through the client requesting the candidate’s application documents or through the client contacting the proposed candidate) .

b) If an applicant has demonstrably already applied for the vacancy before Helvetia Med AG has sent the dossier / CV or the contact details to the client, Helvetia Med AG is not entitled to a fee if a contract is concluded.

c) In order to avoid unwanted placement suggestions, the client/employer can provide Helvetia Med AG with a negative list. 

d) The contact or the application for a specific position must only be proven to have been made by Helvetia Med AG.

e) If Helvetia Med AG provides contact details of interested doctors from whom the client has demonstrably received a written message in the three months before or who are demonstrably already in a mediation process with the client, no contractual relationship arises. “Message” in this case means an email, letter or other form of text-based communication. In this case, Helvetia Med AG reserves the right to make the contact details available to third parties.

f) If contact is made earlier, the client can decide whether to use the services of Helvetia Med AG (establishing the ability to switch and onboarding Switzerland). A separate contract must be concluded between the parties (client and contractor) in this regard.

g) The scouting, recruiting or mediation is subject to a fee for the client in the event of success (employment of the candidate).

h) A job is considered “placed” if a contract for an employment relationship is concluded between the employer and the applicant proposed by name by Helvetia Med AG with the participation or co-causation of Helvetia Med AG.

i) Any employment and/or cooperation, as an employee, partner, agent of a company or contractual partner in any form is deemed to be subject to a fee.

The fee entitlement / agency commission is: 25% of the gross annual salary (the basis is the gross annual salary incl. 13th monthly salary, bonuses, profit sharing, commissions and other cash allowances) of the doctor.

In the case of part-time work, the actual gross annual salary is decisive. For the calculation of the fee, the gross annual salary is not extrapolated to 100 percentage points. If a part-time start with a subsequent increase in work performance is agreed in the employment contract, the highest agreed wage that the doctor achieves within 2 years applies to the calculation.

If the employment contract is terminated by one of the parties (employer / doctor) during the probationary period (but no more than 3 months) , the employer will be reimbursed 100 percent of the placement commission.

Terms of payment : 

If the proposed candidate is hired, 50% of the defined amount is due at the time of signing an employment contract, with a payment term of 14 days. 

The remainder will be billed at the time of starting the job, again with a payment term of 14 days. 

All prices quoted do not include the currently applicable statutory value-added tax.

The contractor obtains contact details from doctors – hereinafter referred to as “interested doctors” – who are interested in a new job in Switzerland

and makes this contact data available to the customer in accordance with data protection regulations. The provision takes place in written form – for example by e-mail. The contractor assumes no liability for the correctness of the information transmitted.

Helvetia Med attaches great importance to a careful clarification of the basic legislative requirements (license to practice medicine, specialist title, basics for practicing a profession, work permit) of the professional career, the subject-specific and personality-related qualities and also determines the professional goals and needs of the candidates. The personality traits and social skills of the candidates can also be determined in structured interviews and serve as a comprehensive and differentiated basis for assessment. 

Other possible services :

The certified documents, certificates and contact details will only be sent by Helvetia Med AG upon written request from the employer.

The employer provides Helvetia Med AG with job profiles/job advertisements and nominates one or more contacts for personnel selection. 

The employer is free to seek applicants directly during the placement process or to involve several placement agencies. 

Upon request, the employer undertakes to inform Helvetia Med AG in writing and truthfully about the course of the interview(s) and to submit a copy of this to Helvetia Med AG within 10 days after an employment contract has been concluded. 

If the employer does not comply with the obligation to provide information despite two written requests by Helvetia Med AG, a contractual penalty of twice the amount of the placement commission mentioned under bullet point 3 will be due.

The parties undertake to treat confidentially the information disclosed by the other party as part of the search. This also applies to the names and personal information of the candidates. 

The contractor assures complete confidentiality. However, insofar as this is absolutely necessary for the proper execution of the order, the client releases the contractor from the obligation of confidentiality. Furthermore, the contractor has the right to advertise with the company name of the client as a customer. 

Helvetia Med AG only collects, stores and uses the data received in the course of its mediation to the extent that this is necessary for the performance of its mediation activities in accordance with this contract. The collection, storage, use and processing of the employer’s personal data required in this context takes place with the employer’s consent. The data will only be transmitted to third parties if this is necessary for the purpose of this contract. The employer’s personal data will be deleted by Helvetia Med AG no later than 3 years after the placement activity has ended.

The cooperation begins on the day the terms and conditions are signed and runs for an indefinite period of time.

The mandate can be terminated by either party at any time – without notice periods. The termination must be in writing. Claims that have already been acquired or created will be settled in accordance with the contract, regardless of the termination. 

The entitlement to remuneration from Helvetia Med AG for an employment relationship that came about up to 24 months after the end of the contract for a candidate notified by Helvetia Med AG is not affected by the termination of the cooperation.

The place of jurisdiction for all disputes between the client and the contractor is the city of Zurich (district 1). Substantive Swiss law applies exclusively to all legal relationships between the parties, to the exclusion of private international law.

The General Terms and Conditions apply in the present version from April 1, 2022.

Helvetia Med AG reserves the right to change the terms and conditions at any time and without giving reasons.

Should individual clauses of these General Terms and Conditions be ineffective or lose their effectiveness due to a circumstance that occurs later, the validity of the General Terms and Conditions remains unaffected.