Sepaco Portotalent LDA – Digital Staffing Agency
Porto, Portugal
Effective Date: March 31, 2025
- Definitions
1.1 Portotalent Staffing – The digital staffing service provided by Sepaco Portotalent LDA in Portugal.
1.2 Client – Any natural or legal person to whom Portotalent submits an offer, assigns employees, or enters into an agreement for staffing services.
1.3 Assignment – A written or verbal agreement between the Client and Portotalent, in which Portotalent commits to selecting and supplying a suitable candidate for digital or physical secondment.
1.4 Employee – A person employed under contract by Portotalent.
1.5 Candidate – Any individual introduced to the Client by Portotalent for potential employment or secondment.
1.6 Secondment – The provision of Portotalent employees who will work under the supervision and responsibility of the Client.
1.7 Assignment Confirmation – The formal written agreement outlining the terms and conditions between Portotalent and the Client regarding the secondment of an employee.
1.8 Secondment Agreement – A written or verbal agreement under which the employee is seconded to the Client through Portotalent.
1.9 Equal Pay Principle – The legally required compensation for a seconded employee equal to that of a permanent employee in the same or equivalent role at the Client’s company.
- Applicability
2.1 These General Terms & Conditions apply to all agreements, offers, and contracts related to staffing between Sepaco Portotalent LDA and the Client.
2.2 Deviations from these terms are only valid if explicitly agreed in writing.
2.3 The Client’s own terms and conditions shall not apply unless expressly accepted by Portotalent in writing.
2.4 If any provision of these Terms & Conditions is found invalid, the remaining provisions shall remain fully enforceable.
- Secondment Services
3.1 The Client must provide accurate job descriptions before the start of an assignment, including required skills, work hours, location, and expected duration.
3.2 Portotalent will propose candidates based on the provided job specifications and available talent pool.
3.3 The Client has the right to reject a proposed candidate before the assignment begins.
3.4 If a candidate is accepted and seconded, the Client shall pay the agreed-upon fees as outlined in the Assignment Confirmation.
3.5 If the Client hires a candidate introduced by Portotalent within 12 months of the introduction, the Client must notify Portotalent and pay a placement fee.
3.6 The Client and its affiliates are prohibited from hiring a seconded employee directly within 12 months after the end of the assignment without Portotalent’s prior written consent.
3.7 Any violation of 3.5 or 3.6 will result in an immediate fine of €25,000 per breach, in addition to full compensation for damages.
- Assignment Confirmation
4.1 Every secondment contract must be confirmed in writing, including:
4.1.1 Job description and assignment number
4.1.2 Agreed rates (excluding VAT) for a 40-hour workweek in Europe
4.1.3 Start and expected end date
4.1.4 Estimated working hours per week
4.1.5 The name of the assigned employee
4.1.6 Travel and expense policies (if applicable)
4.1.7 Notice period and probation terms (if agreed)
4.1.8 Any other agreed conditions
4.2 Unless the Client objects within 5 days, the Assignment Confirmation shall be deemed accepted.
4.3 Any modifications to the agreement are only valid if confirmed in writing by Portotalent.
- Performance of Work
5.1 The Client shall treat Portotalent employees the same as their own employees regarding supervision and working conditions.
5.2 The Client must ensure a safe and compliant work environment for the Portotalent employee.
5.3 The Client must inform the employee and Portotalent of any relevant company policies, workplace risks, and safety procedures before the work begins.
5.4 Work hours, breaks, and conditions must comply with local applicable labor laws.
- Work Conditions & Liability
6.1 The Client is considered legally responsible for the health and safety of seconded employees under local labor laws.
6.2 If a seconded employee suffers a workplace accident or occupational illness, the Client must:
6.2.1 Report the incident to the relevant authorities (if required by law). Provide Portotalent with a written accident report.
6.2.2 Fully compensate any damages incurred due to the Client’s negligence.
6.3 The Client must maintain adequate insurance coverage for workplace injuries.
- Fees & Payment Terms
7.1 Invoices are issued weekly based on hours worked.
7.2 Late payments will incur a 4.5% late fee per month, plus 15% collection costs.
- Termination & Early Cancellation
8.1 Early Termination Policy: Either party may terminate the assignment with one month’s notice.
8.2 If the Client terminates without respecting the notice period, they must pay 100% of the agreed fees for the remaining assignment duration.
8.3 If the Client fails to pay, Portotalent reserves the right to suspend or terminate the contract immediately.
- Confidentiality
9.1 Both Portotalent and the Client shall treat all exchanged business information as strictly confidential.
9.2Portotalent employees are bound by a confidentiality agreement.
9.3 The Client may impose additional confidentiality agreements on employees.
- Governing Law & Dispute Resolution
10.1 These General Terms & Conditions are governed by Portuguese law.
10.2 Any disputes shall first be resolved through negotiation.
10.3 If unresolved, disputes will be submitted to arbitration in Porto, Portugal.
10.4 If arbitration fails, disputes shall be referred to the Portuguese courts in Porto.
Effective Date: March 31, 2025
Sepaco Portotalent LDA
