General Terms and Conditions (AGB)

General Terms and Conditions (GTC)

AmalCare eG · Fair Recruitment of Nursing Professionals, Nursing Assistants and Trainees from Morocco

AmalCare eG
Janusallee 1, 23714 Bad Malente, Germany

Represented by: Heike Steinbach, Member of the Executive Board

Last updated: August 2026

We, AmalCare eG, are committed to the fair, transparent and sustainable recruitment of nursing professionals, nursing assistants and trainees from Morocco for employment and training in Germany. Our approach is based on the WHO Global Code of Practice on the International Recruitment of Health Personnel, the ILO Core Labour Standards, the ILO General Principles and Operational Guidelines for Fair Recruitment, the United Nations Guiding Principles on Business and Human Rights, international UN human rights conventions, and the criteria of the “Fair Recruitment Healthcare Germany” quality seal (“Faire Anwerbung Pflege Deutschland”).

We have assessed potential human rights risks throughout the service chain in Morocco using the CSR Risk Check. On the basis of our transparent and written agreements, we pay particular attention to the risks of corruption and bribery in administrative processes (high), working conditions, contracts and working hours (medium), and IT and data protection in cross-border data processing (medium).

1. General Provisions

These General Terms and Conditions govern the cooperation between AmalCare eG (hereinafter referred to as the “Recruitment Agency”) and its cooperation partners (hereinafter referred to as the “Employers”). They apply to all recruitment services relating to nursing professionals, nursing assistants and trainees from Morocco and are consistent with the principles of the “Fair Recruitment Healthcare Germany” quality seal and the WHO Global Code of Practice on the International Recruitment of Health Personnel.

The relationship with the individuals being recruited (hereinafter referred to as the “Candidates”) is not governed by these General Terms and Conditions. It is governed exclusively by the recruitment agreement concluded between the Recruitment Agency and the respective Candidate in German and French. Section 6 summarises the key provisions of that agreement for the Employer’s information.

Employer-Pays Principle: Nursing professionals bear no recruitment costs and are expressly exempt from all recruitment fees.

2. Description of Services

The Recruitment Agency provides personnel recruitment services, in particular the placement of international professionals and trainees with companies and organisations in the healthcare sector. It advises both parties and provides support throughout the entire recruitment process and during integration into the German labour market.

At the beginning of the process, the Employer commissions the Recruitment Agency to search for, select and recruit nursing professionals. Following a successful application and interview process coordinated by the Recruitment Agency, the Employer enters into an employment contract with the Candidate, generally initially as a nursing professional undergoing the professional recognition process. The Recruitment Agency does not act as the Candidate’s employer.

Services are offered on a modular basis:

Module 1 – Basic Package: Review of applications, interviews, language and professional competency assessments, support with language training up to B2 level (CEFR) and coordination of language examinations, intercultural training and German language training specific to the nursing profession, application coaching (review of documents for completeness, preparation of a tailored application portfolio and an individual coaching session), organisation of job interviews including interpretation, and coordination of all visa and professional recognition procedures. Optional services include a simulation course on everyday nursing practice and working life in Germany, as well as language tuition until entry into Germany.

Module 2 – Onboarding: Support upon arrival, assistance with finding accommodation, administrative procedures, mobility and continued language development until completion of the probationary period.

Module 3 – Social Integration: Leisure activities, cultural networking, mentoring and legal advice, as well as one free replacement placement in accordance with Section 8.

3. Obligations of the Recruitment Agency

The Recruitment Agency is committed to fair, transparent and sustainable recruitment in accordance with the WHO Global Code of Practice, the ILO Core Labour Standards, the ILO guidelines on fair recruitment, the UN Guiding Principles on Business and Human Rights, and international UN human rights conventions.

It provides transparent information in Arabic, French and German, records all agreements in writing, organises all migration and professional recognition procedures, and maintains a multilingual complaints system.

Once admitted to the programme, Candidates are not charged any placement fees or other recruitment fees. All paid recruitment services are borne exclusively by the Employer. No fees are charged for access to application or job interview processes, including after completion of B1 or B2. No deductions are made from future remuneration.

Following successful placement, costs paid in advance are reimbursed in full upon presentation of the relevant receipts. Nursing professionals are reimbursed for A1–B2 language course fees incurred during a period of up to 12 months prior to conclusion of the employment contract, as well as telc examination fees. All target groups are reimbursed for the costs of certified translations and copies, as well as for voluntarily booked practical German language modules. Trainees and nursing assistants bear their own language course and examination fees; the language school provides assistance with examination registration. If no placement is successfully completed, there is no entitlement to reimbursement; this does not give rise to any repayment obligation.

All relevant information, including the job profile, remuneration, working hours, probationary period and professional recognition pathway, is provided clearly and in good time, at least seven days before the contract is signed, in the relevant languages (German/French/Arabic).

Prohibited practices, including contractual penalties and discrimination, are strictly prohibited. The dignity and rights of Candidates must be respected. The Recruitment Agency does not place Candidates in employment contracts containing training-related repayment clauses relating to recruitment costs.

The Recruitment Agency evaluates its processes and results every six months, including Candidate satisfaction and professional recognition rates, and identifies measures for improvement. The results are presented to the cooperative and incorporated into the ongoing development of the recruitment process.

4. Obligations of the Employer

The Employer undertakes to provide a legally compliant employment contract, organise accommodation and workplace onboarding in accordance with a standardised workplace integration management concept, promote social integration, finance and organise continued language development, and participate in the feedback and evaluation system.

The Employer bears the costs of the Recruitment Agency in accordance with the selected service module. Prices depend on the Candidate’s qualifications and on whether the Candidate has completed language training from A1 level at the AmalCare language school or entered the process as an externally qualified Candidate with B1 or B2 language proficiency.

Course fees charged by the AmalCare SARL language school are educational fees, are borne by the participants and do not form part of the remuneration payable under these General Terms and Conditions.

5. Obligations of Service Providers

The Recruitment Agency bears overall responsibility towards Employers for the entire service chain. The provisions of Section 4 therefore also apply to all service providers acting on behalf of the Recruitment Agency. All service providers agree to comply with the requirements of the “Fair Recruitment” quality seal.

The Recruitment Agency is entitled and obliged to conduct audits of service partners to verify compliance with these criteria without requiring a specific cause and, in the event of repeated violations, to terminate the cooperation agreement with the respective service provider.

6. Relationship with Candidates (Information)

Admission requirement under the recruitment agreement: Candidates must have attained German language proficiency at B1 level (CEFR), and the AmalCare language school must approve their admission to the recruitment process based on learning progress, attendance and active participation. Attaining B1 level does not automatically confer a right to admission. Proof of German language proficiency at B2 level (CEFR) is required for placement and departure for Germany.

The following information summarises the key provisions of the recruitment agreement for the Employer’s information; only the recruitment agreement itself is legally binding.

Following successful placement, costs paid in advance are reimbursed in full upon presentation of the relevant receipts. Nursing professionals are reimbursed for A1–B2 language course fees incurred during a period of up to 12 months prior to conclusion of the employment contract, as well as telc examination fees. All target groups are reimbursed for the costs of certified translations and copies, as well as for voluntarily booked practical German language modules. Trainees and nursing assistants bear their own language course and examination fees; the language school provides assistance with examination registration. If no placement is successfully completed, there is no entitlement to reimbursement; this does not give rise to any repayment obligation.

Candidates are not charged any fees. All paid services are invoiced exclusively to Employers in accordance with the Employer-Pays Principle.

The Recruitment Agency protects Candidates against exploitative practices and discrimination. Violations may be reported through the complaints procedure. Candidates must not suffer any adverse consequences as a result of submitting a complaint.

Under the recruitment agreement, Candidates undertake to provide truthful information, attend appointments punctually, participate actively in courses and scheduled appointments, take part in video conferences with potential Employers, and notify the Recruitment Agency promptly of any material changes, such as changes to contact details or availability.

In Germany, nursing professionals are initially employed as nursing professionals undergoing the professional recognition process and, until full recognition is obtained, participate either in an adaptation programme or take a knowledge examination. The Employer and Candidate jointly decide which route is pursued. Nursing assistants are employed in accordance with their qualifications, while trainees are employed on the basis of a vocational training agreement.

7. Costs and Payment Terms

The Recruitment Agency’s services are structured on a modular basis in accordance with the service and pricing schedule: Module 1 – Basic Package, Module 2 – Onboarding and Module 3 – Social Integration. Modules 2 and 3 are offered only in selected regions where a dedicated local contact person is available.

The Employer undertakes to pay the fees specified in the service and pricing schedule (“AmalCare eG · Service and Pricing Overview 2026”); the version attached to the cooperation agreement shall be authoritative.

If the Employer or an affiliated company enters into an employment or vocational training agreement with a person recommended by the Recruitment Agency within twelve (12) months of the recommendation without the placement being processed through the Recruitment Agency, the Recruitment Agency shall be entitled to a placement fee amounting to 75% of the price of Module 1. This entitlement shall also apply if the cooperation agreement has already been terminated at that time and shall constitute the final remuneration for such cases; the same placement shall not be charged twice.

Until entry into Germany, all communication between proposed Candidates and the Employer shall take place exclusively through AmalCare eG. The entitlement to remuneration arises upon conclusion of the employment or vocational training agreement.

The first instalment for Module 1 becomes due upon signature of the job offer pursuant to Section 299 SGB III as an advance payment. If, for reasons beyond the Employer’s control, no subsequent contract is concluded, this payment will be refunded promptly and in full. Agreed remuneration is subject to the applicable statutory VAT.

Payment Schedule:

The invoiced placement fee is subject to the applicable statutory VAT. Amounts invoiced must be transferred in full to the AmalCare eG account within ten (10) days of the invoice date. Invoices are sent electronically by email to the Employer’s registered email address; the Employer consents to receiving invoices electronically. Invoicing takes place following conclusion of the contract; further details are governed by the cooperation agreement. Refinancing options may be available through public funding programmes or care-rate negotiations.

8. Liability and Replacement Placement

AmalCare eG is responsible for the diligent selection and organisation of the recruitment process. If a placement ends within the first six months for reasons not attributable to AmalCare eG, one free replacement placement will be offered, provided Modules 1, 2 and 3 have been booked; the replacement placement forms part of the services included in Module 3. Further details are governed by the cooperation agreement.

AmalCare eG accepts no liability for external factors such as visa delays or personal decisions. Likewise, no liability is accepted if the recruited individual does not commence employment for reasons beyond AmalCare eG’s control.

9. Complaints and Conflict Management

AmalCare eG maintains an internal complaints office in accordance with Section 13 of the German General Equal Treatment Act (AGG). Complaints may be submitted at any time in writing or by email to beschwerden(at)amal-care.de.

All complaints are treated confidentially, acknowledged within five working days and processed within three weeks. The complaints office documents the process, informs the parties involved of the outcome and, where necessary, takes measures to resolve the conflict. Anonymous complaints are also accepted.

Person responsible for complaints:

Carl-Heinrich Feddersen – Tax Advisor, Certified Mediator (University of Applied Sciences), Business Mediator (BStBK)

IHR KANZLEIHAUS
Norstedter Straße 1, 25884 Viöl, Germany
Tel.: +49 4843 2085021
Fax: +49 4843 2085020

10. Data Protection

Personal data is processed in accordance with the General Data Protection Regulation (GDPR). Data is stored solely for the relevant specified purpose and only for a limited period.

11. Policy Statement

The following principles of fair recruitment additionally apply:

1. Employer-Pays Principle – No Recruitment Fees for Candidates: Candidates are not charged any placement fees or other recruitment fees once they have been admitted to the programme. All paid recruitment services are borne exclusively by the Employer. No fees are charged for access to application or job interview processes, including after completion of B1 or B2. No deductions are made from future remuneration.

2. Limiting the Financial Risk for Nursing Professionals: German language instruction is provided by the AmalCare SARL language school in Rabat. Its course fees are educational fees, not recruitment fees; they are borne by the participants and set out in a published price list. The language school does not act as a recruitment agency: it does not enter into recruitment agreements, charge recruitment fees or receive any commission for successful placements.

Following successful placement, costs paid in advance are reimbursed in full upon presentation of the relevant receipts. Nursing professionals are reimbursed for A1–B2 language course fees incurred during a period of up to 12 months prior to conclusion of the employment contract, as well as telc examination fees. All target groups are reimbursed for the costs of certified translations and copies, as well as for voluntarily booked practical German language modules. Trainees and nursing assistants bear their own language course and examination fees; the language school provides assistance with examination registration. If no placement is successfully completed, there is no entitlement to reimbursement; this does not give rise to any repayment obligation.

A repayment obligation applies exclusively where a nursing professional withdraws without good cause prior to successful placement. In such cases, repayment is limited to the actual, proportionate and documented administrative costs incurred in connection with the visa procedure and the assessment of equivalence, insofar as these costs were borne by AmalCare eG. Costs borne or paid in advance by the nursing professional do not give rise to any repayment obligation; only the entitlement to reimbursement ceases to apply. No interest, lump-sum charges or contractual penalties are imposed. No repayment obligation applies following successful placement, in the event of withdrawal during the first 50 teaching units, for health reasons or due to pregnancy, in cases of force majeure or the loss of a close family member, or in the event of a demonstrable breach by the Recruitment Agency of the criteria of the quality seal. Rights of withdrawal and termination apply in accordance with Sections 346 et seq. and Section 314 of the German Civil Code (BGB).

3. Transparency – Structures, Services and Costs: All information is provided clearly and in good time, at least seven days before the contract is signed, in the relevant languages (German/French/Arabic). A written recruitment agreement is concluded with Candidates in German and French. Language school course fees and Employer prices are stated separately. Frequently asked questions are available in the FAQ section of the website.

4. Protection Against Exploitation and Discrimination: Prohibited practices, including contractual penalties and discrimination, are strictly prohibited, including for any service providers involved. The dignity and rights of Candidates must be respected. Candidates are not placed in employment contracts containing training-related repayment clauses relating to recruitment costs.

5. Complaints Procedure: Complaints may be submitted to beschwerden(at)amal-care.de. They are handled confidentially and independently by the authorised representative, Carl-Heinrich Feddersen.

6. Monitoring, Quality, Sustainability and Participation: Processes and outcomes are evaluated every six months, and improvements are incorporated into the ongoing development of the programme. The aim is to provide nursing professionals with a positive integration experience and support their long-term retention in Germany.

7. Written Form: All agreements relating to the recruitment partnership are made in writing.

8. Scope – Overall Responsibility for the Service Chain: These principles apply to all business partners throughout the service chain. The Policy Statement is published and updated regularly.

12. Final Provisions

The place of performance for all obligations shall be Bad Malente, Germany; the exclusive place of jurisdiction shall be Lübeck, Germany.

Should any provision of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic purpose pursued by the contracting parties through the invalid or unenforceable provision. The same shall apply to any omissions in these General Terms and Conditions.

Note on Workplace Integration Management: The integration concept includes, at a minimum: a fair and transparent recruitment process; preparation following recruitment; arrival and the first days in Germany; relocation management; integration management; buddy programmes and mentoring; the professional recognition process; language development; induction and onboarding; team building; skills development; conflict management; family perspectives; participation in society; and procedures for dealing with termination and employee poaching.

Provisions in the Event of Dissolution, Sale or Merger