ICAS Schweiz AG
General Terms and Conditions / Contract
1. DEFINITIONS
“Employees”:
All persons that are in an employment relationship with your company and have an employment contract that has not been terminated for longer than 3 months.
“Immediate family members”:
Immediate family members are people who live in the same household with the employee (e.g. spouses, partners, siblings, parents, etc.).
“Services”:
Services are all of the services provided by ICAS AG for your company.
2. SERVICES TO BE PROVIDED BY ICAS
ICAS is obliged to provide the following services for your company:
2.1. Advice services for employees and their Immediate family members:
2.1.1. Telephone services
2.1.2. Face-to-Face Counseling
2.1.3. Introduction
2.1.4. Management Feedback
2.1.1. Telephone services
The Employee Assistance Program EAP from ICAS is available to all employees and their Immediate Family Members. It offers direct, unlimited and confidential access free of charge to telephone advice on emotional topics, around the clock, as well as practical life skills and legal questions, which are researched and answered during office hours. The calls are taken by professional and experienced advisors who carefully clarify the needs of the caller in order to provide the necessary support to the caller.
The ICAS Support Center can be reached 365 days a year, around the clock. Calls are answered in German, French, Italian and English on the corresponding 0800 number (toll-free number*).
Advice calls on mental health topics can be conducted directly with the psychologist who takes the call. Questions about practical life skills and legal questions will be forwarded to our qualified lawyers. Often, counseling discussions arise from simple requests for information.
*Attention: Some mobile phone providers in Germany charge network usage fees for 0800 numbers. With some providers, it is possible that depending upon the subscription contract, no
0800 numbers can be called. ICAS has no influence over these providers or their subscription
contracts. In these cases, ICAS can be reached around the clock on the international number. In order to keep the cost down for the caller, ICAS is happy to call back.
Telephone advising for emotional/mental issues
- If a personal counselling session is desired, this can be conducted directly with the psychologist who takes the call. Thus, there is no delay for the caller. In this way, it is also assured that an employee who is currently in a crisis or needs courage to call need not be transferred before a specialist hears his issue.
- All calls are taken by psychologists with university degrees and life experience. These also have additional knowledge in various topic areas, such as, e.g. handling grief, debt questions, anxieties, stress, performance problems, harassment, burnout, mobbing, family and relationship conflicts, divorce or lack of self-confidence/feeling of self-worth. They help the employees to analyze their issues and develop concrete solutions.
- There are professional and proven procedural protocols in order to guarantee the supervision and active handling of risk situations. Depending on the starting point and the gravity of the case, appropriate readiness systems and measures will be initiated.
- The telephone advisors can also offer the callers face-to-face counselling sessions with a state-recognized psychotherapist, if this is indicated.
Practical life skills and legal issues / Life Management
- The ICAS advisors are lawyers and attorneys that are also versed in obtaining information.
- According to the experience of ICAS, specialized and useful information for the employees that must deal with multi-faceted work-related and personal questions is of inestimable value. Financial problems, legal problems, consumer issues, concerns such as moving, looking for housing, restructuring or personal events such as a death or loss of a job are undoubtedly taken into the workplace and impair the worker’s performance ability and productivity.
- These expert advisors from ICAS are also trained in psychology. They are attentive, empathetic and impartial listeners. They know that behind a factual question there is often a hidden emotional need that the employee would like to address. The free discussion and expression of feelings such as frustration, anger, excitement, pain or loss allows the affected person to become calmer internally and to seek solutions constructively.
- ICAS has data banks, brochures and reference works and can reach out to technical specialists in the fields of law, finance, insurance and medical issues.
- Information can be obtained on the following topics, among others:
| Law | Housing | Insurance |
| Wills/Inheritance | Finances | Family questions |
| Taxes | Debt | Education |
| Social security | Personal issues | Consumer rights |
Support for managers / HR / Staff association (Managerial Consultancy)
The Employee Assistance Plan EAP also serves the supervisors and human resources staff as a sparring partner in complicated management situations, organizational changes, conflicts or in the handling of difficult events such as sexual harassment, mobbing, violence, serious accidents, crises, disaster.
Although the employee as a rule turns to ICAS on his own initiative, it is possible that supervisors, HR managers or team leaders refer an employee to ICAS – as an effective and well-meaning measure to reinstate the performance ability of an employee.
There are three different types of referral:
- Self-referral – the most common.
- Informal referral by a supervisor or HR – these encourage employees to use the ICAS EAP, but the performance of the employee, however, is not in question.
- Formal referral – Supervisors recommend the ICAS EAP in cases where work performance is affected.
The decision to make contact with ICAS ultimately remains with the employee, however. The decision is always voluntary. In a formal referral, where performance is the problem, the party making the referral only receives as feedback the information whether the employee has contacted ICAS or not.
2.1.2. Personal counseling sessions (Face-to-face Counseling)
By more complex emotional problems, the callers have the possibility to arrange for personal counseling sessions in the form of a clarifying, solution seeking, crisis counseling and/or shortterm therapy (up to a maximum of 8 sessions). These take place with federally licensed psychotherapists nearby the workplace. If desired, these sessions can also be conducted on the telephone.
Qualifications of the ICAS Advisor Network
- ICAS has available in Switzerland its own network of psychologists who meet strict selection criteria. The qualifications include a recognized degree in psychology and psychotherapy, many years of experience in practice as well as membership in a Swiss specialist association. They have the right, according to the Swiss Federal Law on the Psychology Professions (PsyG) of April 1, 2013, to treat mental disorders.
- The ICAS advisors have experience in different disciplines and can provide help with issues in areas such as relationships, alcohol or drug addiction, grief, debts or trauma.
- All advisors must organize their own supervision pursuant to the requirements of the professional associations and must have liability insurance. They work in their own practice rooms, which are inspected by ICAS before they are accepted into the network.
- To the extent possible, in distributing the advisors, ICAS takes into account the preferences of the employee, e.g. with regard to age, gender, cultural background, experience and availability.
- In line with the ICAS guidelines, these advisors are available near each of the employer’s business locations. For that reason, IICAS invests a substantial amount of time and expense in building out and caring for this professional advisor network.
2.1.3. Introduction
It is the experience of ICAS that the introduction and the communication to the employees are among the most important elements of the Employee Assistance Program EAP. They determine the extent of acceptance and enthusiasm of the employees about the service. ICAS does all it can to make the introduction successful for the business.
Based on many years of experience, ICAS recommends that the introduction be undertaken with the following measures:
- Sending of an informational letter/e-mail to the employees (template can be made available by ICAS).
- Hanging ICAS EAP posters in breakrooms, dressing rooms or on bulletin boards – the posters with changing themes are sent 5x per year to the person responsible for EAP in your business.
- Posting of the EAP introductory film on your intranet page – the film is available in English, French, Italian and English and will be made available to you at no charge.
- Introductory presentation by ICAS on site for the employees (the presentation, including the question and answer period usually lasts about 30 minutes). The introductory presentation is not included in the EAP Pure online service package, but it can be purchased separately.
- Distribution of four-color information brochures to all employees. Printed EAP flyers are not included in the EAP Pure service package (only digital flyers), but they can be purchased separately.
2.1.4. Usage statistics and reports
The ICAS database, in which each case is entered anonymized, enables effective administration and confidential treatment of case data. This information is crucial for both ICAS and your company to analyze upcoming trends and take appropriate measures.
ICAS periodically makes the following information available to your business:
- The number of employees and Immediate Family Members that have contacted ICAS
- Influence of the reported situation on performance, call times, language, etc.
- the topics of the enquiries, divided into private and work-related topics, and the corresponding services
3. DUTIES ICAS
ICAS provides its services to its best knowledge and belief a representative of your company and in so doing applies the necessary care. ICAS thereby safeguards the legitimate interests of your company in good faith.
4. DUTIES OF YOUR COMPANY
4.1. Your company is obliged to provide compensation pursuant to No. 5 below.
4.2. Your company is further obliged to make available to ICAS all of the information and documents that are necessary for ICAS to fulfill its contractual duties (compare No.2.2.3 above).
5. COMPENSATION
For the consulting services to be provided by ICAS to the employees and their immediate family members in accordance with section 2.1., your company pays an annual amount that depends on the number of employees and the selected product (EAP Pure All or EAP Pure Budget).
| Number of employees | 1-49 (Costs per employee/year in CHF, plus VAT) | 50 – 99 (Costs per employee/year in CHF, plus VAT) | 100 – 249 (Costs per employee/year in CHF, plus VAT) | 250 – 499 (Costs per employee/year in CHF, plus VAT) |
|---|---|---|---|---|
| EAP Pure All (including counseling for practical life skills and legal questions) | CHF 96 | CHF 78 | CHF 61 | CHF 55 |
| EAP Pure Budget (without counseling for practical life skills and legal issues) | CHF 70 | CHF 52 | CHF 33 | CHF 27 |
| Introductory presentation for your employees via Skype | CHF 350 | CHF 350 | CHF 350 | CHF 350 |
|---|---|---|---|---|
| On site introductory presentation for your employees (Costs for ½ day, plus traveling expenses) | CHF 750 | CHF 750 | CHF 750 | CHF 750 |
| Printed flyersyou’re your employees (Cost per flyer) | CHF 3 | CHF 3 | CHF 3 | CHF 3 |
6. PAYMENT TERMS
6.1. The payment for the Employee Assistance Services by your company pursuant to No. 2.1. is made directly in the online shop via Paypal or, if the payment method chosen is “advance payment”, within ten days of receipt of invoice. The contract commences on the 1st of the month following receipt of payment.
6.2. Any change in the number of employees shall be communicated to ICAS by your company one month before the end of the annual invoicing period.
7. CONFIDENTIALITY
7.1. ICAS provides its services with the reservation that all contacts by the employees and Immediate Family Members with ICAS are completely confidential and are to be handled in accordance with professional ethics and rules. Information that could identify a specific individual will only be provided to your company or a third party with the prior express written consent of the person or in a situation of acute danger for your company with regard to its workforce. If there is a situation of acute danger, ICAS is obliged to provide only the information that is absolutely necessary. The decision whether information that is absolutely necessary will be provided shall be made by ICAS upon the recommendation of a “Senior Clinician” pursuant to clear clinical procedural rules that have been communicated to the affected person in advance.
7.2. Both parties are mutually obliged, both during and after the end of the contract, to maintain confidentiality about all business secrets, confidential information and data that they have perceived during the duration of the contract.
8. INSURANCE
8.1. ICAS is obliged at its own expense to obtain liability insurance coverage in the amount of CHF 10,000,000.- to cover any damages that ICAS could cause your company in exercising its duties under this contract.
9. LIABILITY
9.1. ICAS is liable for the trustworthy and careful exercise of the services assigned to it. ICAS expressly refuses, however, to make any guarantee of the success of a service with regard to workforce turnover, illness and absences, productivity and other organizational issues.
9.2. ICAS is liable for damages that are incurred to your company in the course of providing the services. Indirect damages and consequential damages are excluded.
10. INTANGIBLE PROPERTY RIGHTS
10.1. Copyright and other intangible property rights as well as all know-how in connection with the design or materials from ICAS are owned by ICAS.
10.2. Your company is exclusively limited to the internal use of the trademark “ICAS” or other materials from ICAS. Your company is obliged to protect the trademark rights of ICAS and to obtain prior written consent before public usage of the trademark “ICAS”. Use of the trademark or also just the name of your company as a reference for other marketing purposes is only allowed for ICAS if the use is approved in advance by your company.
This duty exists both during the contractual term as well as after the contract ends.
11. DATA PROTECTION AND INFORMATION SECURITY
Both parties are mutually obliged to acknowledge and comply with the provisions of the General Data Protection Regulation GDPR as of May 25, 2018. Details regarding the technical and organizational measures regarding data protections are listed in Appendix 1.
12. FORCE MAJEURE
12.1. All cases of force majeure suspend the duties under this contract for both parties for the duration and to the extent of the disturbance.
12.2. The affected party shall notify the other party immediately that because of a force majeure, the notifying party is prevented from providing its services and the approximate time when it is expected that the services again will be possible.
12.3. If the force majeure situation lasts more than 30 days, each of the parties has the right to terminate the agreement upon the giving of two weeks‘ notice.
13. START AND END OF THE CONTRACT
13.1. The contract comes into force on the 1st of the month following the receipt of payment. It is entered into for an indeterminate term, the invoice is issued annually. The contract can be terminated by giving 6 months’ notice, but no earlier than 12 months after the start of the contract.
If the contract is not continued, your company is obliged to inform its employees about the end of the service and to require them not to make any more calls.
If employees or Immediate Family Members call anyway, the support calls will be refused by ICAS. After the end of the contract, ICAS will do no more advising. If there are repeated calls by employees or Immediate Family Members after the end of the contract, ICAS reserves the right to invoice for its expenses (time, telephone tolls).
13.2. Each party is entitled to immediate written termination of the contract if:
13.2.1. One of the parties is responsible for a material breach of the contract, and the breach is not cured within 30 days after receipt of a written demand from the other party that the contractual breach be cured.
13.2.2. A party files for bankruptcy or is liquidated.
13.2.3. Continuance of the contractual relationship has become objectively unreasonable.
13.3. If the contract is ended, ICAS shall finish all advice sessions with an employee that were started before termination of the contract, including the necessary number of face to face counseling sessions.
14. SEVERABILITY CLAUSE
If part of the foregoing contract should become ineffective, the validity of the remaining provisions shall not be affected thereby. The parties shall make an effort to replace the ineffective provision with a valid provision that corresponds to the recognizable will of the parties.
15. CHANGES
This contract includes all agreements between the parties. Any earlier oral or written agreements between the parties are hereby moot. Changes and additions to the foregoing contract must be in writing to be valid.
16. ADDRESS CHANGES
Each party shall notify the other immediately, and in any case within 48 hours, in writing of any change of address or telephone number.
17. VALIDITY AFTER CONTRACT END
Nos. 7, 10 and 11 continue to apply after the contract ends.
18. WAIVER OF ASSERTION OF A RIGHT
The waiver of a party to assert a right under this contract does not constitute a waiver of the right to assert other rights under this contract.
19. ASSIGNMENT
Rights under this contract may be assigned to a third party only with the prior written consent of the other contracting party. ICAS has the right, however, to bring in subcontractors in order to fulfill its contractual services. The liability of ICAS for those subcontractors shall be the same as its liability for ICAS itself.
20. APPLICABLE LAW AND JURISDICTION
The contract is subject exclusively to German law. Place of jurisdiction is Frankfurt am Main.
