Refund Policy

This Refund Policy applies to recruitment fees payable to work2be by business clients for personnel recruitment services. It explains when a fee remains due, when a partial refund may be granted, and when a replacement candidate may be offered instead of a refund.

Candidates do not owe work2be any fee. This policy does not create a consumer right of withdrawal. The General Terms and Conditions (GTC) govern the recruitment relationship; if anything in this policy differs from the GTC, the GTC prevail.

If a concluded main contract is cancelled or terminated before the candidate starts work by the client, or for a reason within the client’s sphere of responsibility (for example elimination or modification of the position, or restructuring), the full recruitment fee remains payable. No refund is granted in that case.

If the candidate does not start work for reasons outside the client’s sphere of responsibility, the recruitment fee still remains payable. Upon request, work2be will search for a replacement candidate under the conditions in section 5.

If the client withdraws an offer made to the candidate before a main contract has been concluded, the client owes work2be a flat fee equal to one-third (1/3) of the recruitment fee that would have been payable if the main contract had been concluded under the offered terms.

The client may provide evidence that the services actually performed were worth substantially less.

A partial refund may apply if an employment relationship with a recommended candidate is terminated within eight (8) weeks after the actual start of employment by:

• the candidate’s resignation, or
• termination by the client for reasons relating to the candidate’s person or conduct.

In that case, work2be refunds 12.5% of the paid recruitment fee for each complete week of the eight-week period that had not yet begun when the termination was received.

Instead of the refund described in section 4, work2be may offer, within three (3) months, a free replacement candidate for the same position.

If the client accepts the replacement, the refund is excluded. The recruitment fee is then recalculated based on the annual target compensation of the replacement candidate. Any reduction in the fee will not be refunded.

A refund under section 4 is only due if all of the following are met:

• The client informs work2be in text form within seven (7) days after receiving or issuing the termination notice, stating the reasons.
• The client has paid all due work2be invoices completely and on time.
• The termination is not based on operational or business reasons, a termination agreement initiated by the client, a significant change to the position, duties, workplace or compensation, a breach of contract by the client, insolvency or closure of the client’s business, or a transfer of business.

The refund is limited to the recruitment fee actually paid for the affected candidate.

No refund and no replacement candidate is owed for other types of main contracts, in particular freelance work, interim management, executive or official positions, or corporate participation.