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Corporate Principles

  1. Commitment to fair and ethically justifiable mediation practice

 

Fair placement practice:

The „Landleben Ambulanter Pflegedienst GbR“ commits to compliance with the legal framework, especially the requirements of the German labour, residence and social law. The company furthermore undertakes to ensure that only such employment contract agreements are concluded with nurses that meet the requirements of German labour law (individual and collective labour law).

 

Additionally the „Landleben Ambulanter Pflegedienst GbR“ aims to good working conditions according to German standards and a non-discriminatory future working environment for the nurses. For the „Landleben Ambulanter Pflegedienst GbR“, a fair placement practice also focuses on the fact that the nurses can start a self-determined and freedom-oriented life in Germany. This applies in particular to the exercise of their freedom of belief and association and the realisation of their right of personality.

 

Fair is only a placement practice that does not charge the nurses unduly and does not push them into life situations that result in the waiver or loss of their rights and legal positions.

 

Ethically justifiable placement:

The new Highly Qualified Persons Directive adopted by the EU Parliament and the Council of the EU in autumn 2021 makes it clear that concerning (developing) countries there should be no active recruitment policy in areas where there is a local labour shortage.

The creation of the so-called 'brain drain' through recruitment or placement from such countries and in such professions is seen as unethical (see also recital 41 in the preamble to the Directive). [1]

 

The "Landleben Ambulanter Pflegedienst GbR" therefore undertakes not to carry out any placement from third countries in which there is a shortage of workers in the field of health care, so that a placement of their nurses in Germany would increase the local labour shortage.

Furthermore, the "Landleben Ambulanter Pflegedienst GbR" will not carry out or advocate any placement that is detrimental to the rights and legal positions of nurses. For this purpose, the "Landleben Ambulanter Pflegedienst GbR" will establish suitable testing processes, in particular with regard to the cooperation with cooperation partners abroad, with regard to the behaviour and appearance of employers towards nurses and with regard to the selection of their own clients

 

It is extremely important to the "Landleben Ambulanter Pflegedienst GbR" to maintain a dignified and respectful relationship within the framework of the placement activities of nurses from third countries – a relationship that also takes into account the responsibility for the common good.

 

  1. Commitment to the so-called WHO Code of Conduct for the International Recruitment of Health Professionals ("WHO Code") [2]

 

The "Landleben Ambulanter Pflegedienst GbR" sees itself as an actor within the meaning of No. 2.1 of the WHO Code, who is responsible for the implementation of the WHO Code and is committed to its contents. This applies in particular to:

  • the placement and recruitment of nurses in accordance with the principles of transparency, fairness and promotion of the sustainability of health systems in developing countries (No. 3.5 of the WHO Code).

  • the transparent treatment of nurses with regard to the contractual obligations of the professionals arising from any existing employment contracts in their country of origin (No. 4.2 of the WHO Code).

  • the consideration of the principles and responsibilities of the Code in all mediated employment relationships, regardless of the duration of the respective employment relationship (No. 4.7 of the WHO Code).

 

  1. Commitment to cost-free mediation according to the Employer Pays principle and restriction of commitment clauses

 

Commitment to cost-free mediation

In the opinion of the "Landleben Ambulanter Pflegedienst GbR", a fair mediation is one that does not burden the nursing staff from third countries financially beyond undue and does not push for the disclosure of their own rights and legal positions.

The "Landleben Ambulanter Pflegedienst GbR" therefore commits itself to cost-free mediation services to the nurse. Through the contractual agreements, it ensures that only the future employer takes over the remuneration of the placement.

 

Employer Pays Principle (EPP):

The "Landleben Ambulanter Pflegedienst GbR" expressly commits itself to the "Employer Pays Principle (EPP)" and will ensure through contractual agreements with its clients, that this principle is implemented.

 

The "Employer pays Principle" applies to fees, charges, costs, assessments or other financial obligations (collectively: "costs") in connection with the placement process which are levied on the nurse regardless of the manner or time of their due date.

 

Principally no fees are charged, in particular for the following services:

  • organisation of job interviews

  • application for residence and/or labour law permits (including visas) as well as the application for (exit) travel permits

  • any documentation services, including notarial certification and translation

  • obtaining of medical opinions and fees for background, reference and security checks

  • transport and stay for the journey from the third country to Germany, including the means of transport or accommodation used until taking a flat in Germany

  • examination of linguistic and content-related skills or abilities before or after arrival and the training of the same

 

Restriction of the use of so-called commitment clauses:

In the event of termination of the nurse’s work with the respective employers the "Landleben Ambulanter Pflegedienst GbR" will contractually agree the following with the respective clients:

So-called "commitment clauses" for the reimbursement of costs for the migration of the nurse to Germany (including the placement costs) and of the costs of the training and further education in Germany may only be made to an extent that is permissible according to the principles of German labour law.

 

The same applies to the contractual relationships of "Landleben Ambulanter Pflegedienst GbR" with cooperation partners abroad, particularly language schools or third-party companies, with whom the respective nurse agrees to carry out language training.

The "Landleben Ambulanter Pflegedienst GbR" will establish suitable examination processes and include corresponding contractual clauses in contracts with cooperation partners in third countries to ensure this.

 

  1. Rights and legal positions of the nurses to be placed

The "Landleben Ambulanter Pflegedienst GbR" has developed its own corporate principles based on international agreements and guidelines. The declared objective of these corporate principles is the protection of the rights and legal positions of nurses in the context of international mediation.

 

These include international human rights conventions such as the International Covenant on Civil and Political Rights [3] and the International Covenant on Economic, Social and Cultural Rights [4] of 16th of December 1966.

 

The Declaration of the International Labour Organization (ILO) on Fundamental Principles and Rights at Work of June 1998 [5] as well as the General Principles and Operational Guidelines for Fair Recruitment, which the ILO has defined, are also important for the "Landleben Ambulanter Pflegedienst GbR. [6]

Furthermore, the "Landleben Ambulanter Pflegedienst GbR" refers to the so-called Fair Recruitment Initiative (FRI) of the ILO, [7].

 

Finally, the "Landleben Ambulanter Pflegedienst GbR" is guided by the so-called International Recruitment Integrity System (IRIS) – Standards of the International Organization for Migration (IOM) and its practical proposals [8] – under which conditions and with what objectives the international recruitment of skilled workers should take place.

 

  1. Topicality of the corporate principles

The "Landleben Ambulanter Pflegedienst GbR" will review its corporate principles quarterly, starting from 1 April 2022, with regard to the topicality of the factual and legal status as well as taking into account the audit processes for compliance with its voluntary commitment and adapt them if necessary.

 

  1. Language versions

The "Landleben Ambulanter Pflegedienst GbR" provides its corporate principles not only in German but also in the lingua franca English.

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