GENERAL TERMS AND CONDITIONS
of Contract for Employment-related Mediator Services
1 MEDIATOR ACTIVITY[1]: is to help jobseekers and employers offering jobs to conclude a contract of employment. The Mediator provides mediator services to job-seekers on applications by employers to conclude contracts in accordance with the provisions of the Labor Code and other labor legislations as well as under the terms and conditions laid down in an international contract for the exchange of workforce , to which the Republic of Bulgaria is a party.[2]
2 MEDIATOR SERVICES [3]: Include one or more of the following:
Providing information and/or consulting services to employers and individuals looking for work;
Psychological support to the individuals looking for work;
Guidance towards adult education;
Guidance and assistance related to acquiring employment and entering into an employment contract within The Republic of Bulgaria.
Mediator services are free of charge - without collecting directly or indirectly, in whole or in part, any fees or other payments from the job seeker or the employee.4]
3 ASSIGNOR: Jobseeker / person seeking a job
4 MEDIATOR: Astrea Recruitment EOOD, with its headquarters located in Sofia, Vazrazhdane District, Sveta Troitsa Residential Area, Tsaribrodska street, number 70, 2nd floor, office 3, Registered at the MLSP with № 1809, EIK: BG203088121, represented by Maya Zdravkova - CEO
I. Contract Subject:
Article 1, Paragraph 1: The Assignor agrees to assign and The Mediator accepts to perform the mediator services described in §2 of this Contract, free of charge and in the manner specified in Art. 1, para. 4.
Article 1, Paragraph 2: The Assignor willingly provides personal data to The Mediator, after having been informed of its intended usage. The personal information includes: full name, date of birth, citizenship, contact information, education and qualification degrees, work experience, preferred professional development, autobiography, etc., which in turn will be processed and forwarded by The Mediator to potential employers, in order to present The Assignor's candidacy.
Article 1, Paragraph 3: The contract is considered valid after a conversation between The Mediator and Assignor has been carried out, regarding the following processing of his or her application, which has been submitted through The Mediator's website or through The Mediator's partner websites listing job offers.
Article 1, Paragraph 4: The contract is deemed to have been concluded on the submission of an application by the ASSIGNOR on a job advert of the MEDIATOR through the web site of the MEDIATOR or through job posting sites with which the MEDIATOR has partnered.
Article 1, Paragraph 5: This Agreement shall be concluded for an indefinite term. The contract is considered valid as of the date of signing.
Article 1, Paragraph 6: The contract is registered and administed in the information portal of the Employment Agency and is stored together with The Assignor's autobiography for a period of 5 years, which is a legal obligation for The Mediator. The contract's number is provided by The Mediator to The Assignor, which is legal grounds for The Assignor to receive the services described in Article 1 of this contract, as well as exercise his or her legal rights related to EU Regulation 2016/679. EU Regulation 2016/679 pertains to the protection of individuals, relating to processing of personal data and the free movement of such data, and will hereafter be referred to as GDPR Regulation.
II. Rights and Obligations of The Assignor
Article 2: The Assignor is hereby obliged to:
Provide to The Mediator all necessary documents and information related to the execution of this contract
To inform The Mediator in a timely manner of any changes made to the information specified in the previous point.
Article 3: The Assignor has the right to:
At any given time receive information pertaining to The Mediator's activities related to the execution of the contract;
To exercise his or her legal rights related to the GDPR Regulation, specified in The Mediator's Policy for management and confidentiality of personal data, which is published on The Mediator's website www.astrea-bg.com;
Refuse to enter into a contract, which The Mediator has negotiated.
III. Rights and Obligations of The Mediator
Article 4: The Mediator is hereby obliged to:
Carry out her obligations related to this contract with care for the good business;
To survey the market in relation to Article 1, Paragraph 1 of the current contract;
To identify eligible counterparties and put them in touch with The Assignor;
To conduct preliminary negotiations with the eligible counterparties, by informing them of the usual terms and conditions of the employment contract;
To organize negotiations related to entering into a specific contract;
Not distribute confidential information regarding The Assignor's activities, including after the termination of the current contract's execution;
Not to use personal data provided by The Assignor for any purposes other than those related to employment selection purposes;
If it is necessary to provide The Assignor's personal data for purposes outside of the ones specified in Article 4, Point 8, The Mediator will request The Assignor's consent and will fully defer to The Assignor's wishes;
Preserve the confidentiality and wholeness of The Assignor's personal data, as well as carry out all actions required by the GDPR Regulation within the specified time frame, as per Articles 15 through 22 and Article 34 of the GDPR Regulation.
Article 5: The Mediator has the right to receive documentation by The Assignor, necessary for the execution of the current contract.
Article 6: The Mediator does not have the right to take the following actions without The Assignor's authorization:
Sign any contracts on The Assignor's behalf or account;
Accept or make payments;
Perform any legal or factual actions outside of normal mediation services.
Article 7: In the event of breach of contract between The Assignor and a counterparty, which was entered through The Mediator's services, The Mediator will not be held liable.
IV. Remuneration of The Mediator
Article 8: The Assignor does not owe monetary remuneration to The Mediator for services rendered according to Article 1, Paragraph 1.
V. Contract termination, liability and sanctions:
Article 9: Each of the parties can unilaterally terminate the contract with a one month's written notice.
Article 10: The Agreement may be terminated by mutual written agreement of the Parties.
Article 11: In the event of breach of the current contract, the non-breaching party has the right to prematurely terminate the mediatory relationship between the parties.
VI. Other terms and conditions
Article 12: Upon entering into a contract with a counterparty, secured by The Mediator, The Assignor is not required to seek out The Mediator's support.
Article 13: All communication relating to this contract will be carried out between the parties in written form. It is considered that written form is also upheld when the communication is carried out via e-mail or other technical means, which excludes the possibility of incorrect reproduction of the information.
VII. Conclusion
Article 14: All disputes caused by this contract or relating to it and/or other additional related contracts, including disputes related to interpretation, invalidity, breach of contract or termination will be settled by mutual agreement. In the event that mutual agreement cannot be reached, the disputes will be settled in court, according to Bulgarian law.
Article 15: All changes and additions to this contract will be made solely through written agreement between the parties.
Article 16: If any of the parties changes the business (domestic) addresses and/or phone numbers listed in this contract, without notifying the other party, the latter will not be held liable for undelivered messages, legal writs, etc.
[1] according to Art. 2, para. 2 of the Ordinance on the terms and conditions for carrying out intermediary activity on recruitment, Prom. SG. No. 49 of 27 May 2003, last amended. and dop. SG. No. 78 of September 29, 2017
[2] according to Art. 27 of the Ordinance on the terms and conditions for carrying out intermediary activity on recruitment, Prom. SG. No. 49 of 27 May 2003, last amended. and dop. SG. No. 78 of September 29, 2017
[3] according to Art. 2, para. 1 of the Ordinance on the terms and conditions for carrying out intermediary activity on recruitment, Prom. SG. No. 49 of 27 May 2003, last amended. and dop. SG. No. 78 of September 29, 2017
[4] according to Art. 4 of the Ordinance on the terms and conditions for carrying out intermediary activity on recruitment, Prom. SG. No. 49 of 27 May 2003, last amended. and dop. SG. No. 78 of September 29, 2017
