Specific Terms of Employment related to the Payroll management

1.-General conditions

The provision of the “Payroll Management” SERVICE will be regulated by these SPECIFIC CONDITIONS.

2. Definitions

In addition to any other terms defined in these conditions, the following terms shall have the following meanings:

“Payroll”: The payroll is a document that indicates the amount of money the CLIENT pays to each of its employees, along with the applicable withholdings and deductions.

“Employee”: A natural person who maintains a labor or statutory relationship with the CLIENT.

3. Object

These general conditions regulate the payroll preparation services provided by SESAME HR to the CLIENT.

SESAME HR reserves the right to modify any term of these SPECIFIC CONDITIONS, in accordance with what is established in the GTC regarding modifications.

The services included in the provision of the service are:

a) Monthly preparation of the payroll for the CLIENT’s employees.

b) Resolution of questions and issues with our payroll experts through the platform.

The service will be provided under a service lease agreement. Unless otherwise agreed between SESAME HR and the CLIENT, the CLIENT agrees to respect the exclusivity of the engagement with SESAME HR and to diligently provide any relevant information and documentation, or that may become relevant, for the proper execution of the services. If the CLIENT fails to provide the necessary information in a timely and accurate manner, SESAME HR will not assume any responsibility for any direct or indirect damage that may occur to the CLIENT HR in the provision of the service.

SESAME HR reserves the exclusive right to subcontract all or part of the services provided at any time, as well as to allocate the material and human resources it deems necessary for the provision of the service. The duration of the ‘Payroll Management’ SERVICE shall be subject to the duration of the SAAS license. In the event that the CLIENT wishes to terminate the provision of the service, and provided that there is no agreement to the contrary, the CLIENT must give notice at least 60 days prior to the date of issue of the next invoice.

4.- Pricing

The CLIENT undertakes to pay the price agreed and/or accepted by the CLIENT in the manner established or agreed within the established deadlines.

The interest rate expressly provided for in Spanish Law 3/2004 of 29 December establishing measures to combat late payment in commercial transactions shall accrue as from the first day that the CLIENT exceeds the deadline established for payment of the amounts relating to the service.

The total or partial non-payment of the established price by the CLIENT shall entitle SESAME HR to terminate the contract and suspend the service immediately, and may even retain possession of the deliverables and/or documents that, by virtue of the provision of the aforementioned service, it has undertaken to make and/or deliver, including the payroll.

The amounts may be updated by SESAME at any time, subject to prior notice to the CLIENT at least 60 days prior to the date of their effective application.

 SINGLE ADDENDUM SERVICE SPECIFICATION

Employee Registrations and Hiring

Employee registrations.

Editing contracts.

Registration of the employee with the General Treasury of the Social Security (TGSS) / RED System.

Registration of the employee with the National Employment Institute (SEPE) / Contrat@.

Management of Form 145 and calculation of withholdings.

Filing of the documents generated.

Termination of Employees and Severance Payments

Severance payments calculation and validation of the results.

Notification of the employee’s termination at the TGSS.

Preparation of the severance payment receipt, company certificate and settlement letter.

Notification of the employee’s termination of employment to the SEPE.

In the case of dismissal, the calculation of the severance pay is also included.

Archiving of all documents generated.

Contract Extensions and Contract Transformations

Preparation of extensions and/or contracts.

Notification to the SEPE

Communication to the TGSS

Archive of the contracts generated

Management of Temporary Incapacity and Work Accidents

Management and processing of common illness, non-occupational accident, occupational illness and occupational accident

Communication of sick leave, confirmation, and discharge reports through the Red/Delta system.

Control of waiting periods and the duration of the contingency.

Preparation of Direct Payment Request for Temporary Incapacity for Temporary Disability TD

Preparation of certificates and applications for maternity/paternity/pregnancy risk/early retirement benefits

Calculation of ordinary and extraordinary payrolls

Definition of a payroll cycle indicating the dates of:

Sending variable elements

Payroll for all employees

Sending the payroll summary for calculation approval

Sending the transfer file and Accounting file

Sending of all Personnel Administration and Payroll reports

Sending of the payroll receipts of the employees

All calculation processes will be previously validated and squared.

In addition to the monthly payroll cycles, payrolls can be run outside of the predefined or ‘on demand’ cycle according to the needs of the company.

Until the 15th of the month the customer may introduce new incidences or modifications with regard to the previous month’s payroll that involve the production of supplementary settlements concerning social insurances

Recalculation of IRPF (Personal Income Tax)

Monthly calculation of the IRPF (Personal Income Tax) for all employees inhibiting the recalculation for the employees expressly indicated by the CLIENT

The calculation contemplated corresponds to the calculation of National and Foral Personal Income Tax.

Technical and functional validation of the correct calculation and compliance with current tax legislation.

Monthly and Annual Taxes

Calculation, validation and presentation of:

Monthly and quarterly Form 111

Form 190

Social Security and CRA File

Validation and generation of Social Security and sending through the Siltra System.

Inclusion of TGSS bonuses derived from FUNDAE funds.

Internal control lists for verification

Payroll cost lists for calculation verification

Monthly checklist with the processes to be checked

Comparison of IRPF (Personal Income Tax) month vs IRPF (Personal Income Tax) previous month

Calculation and verification of the calculation of absences

Management of Collective Labour Agreement

Monitoring and updating the Collective Labour Agreement tool

Updating of wage tables

Calculation of arrears for the update of the Collective Labour Agreement

Interlocution with Mutual Worker’s Mutual Societies

Direct dialogue with the different Mutual Labour Associations.

Management and resolution of possible incidences in relation to payment benefits

delegate

Report of due dates

Generation of due date control lists (probation period, end of contract)

Follow-up of the generated due date control lists