In Germany, there are government agreements based on work contracts that allow workers to be sent and employed from the following countries:
- Türkiye
- Serbia
- Macedonia
- Bosnia and Herzegovina
There are quotas that set fixed maximum numbers. These are based on the German labor market and the respective needs.
It is necessary that the employment of the employee from a third country takes place on the basis of a work contract. This contract must meet the requirements of Sections 631ff of the German Civil Code. An important criterion of a work contract is that the creation of a specific work result is agreed.
It is important to distinguish between the employment of workers under a work or service contract and the impermissible temporary employment of workers. Temporary employment occurs when a foreign worker is assigned by his or her employer to a third party to perform work.
You can decide for yourself what the criteria are for the work contract:
- Entrepreneurial freedom of decision (organization, time planning)
- Business risk (e.g. warranty)
- Work result instead of work performance
- Remuneration for work result
- Independence from instructions
When does a work contract exist?
A work contract according to § 631 BGB exists when a subcontractor (contractor) undertakes to produce a specific work and is paid for this by the client (orderer) (work wages). It is important to note that the contractor must achieve a specific result and not simply provide a service. It is therefore not enough to simply strive to fulfil the contract. In return, the orderer is obliged to pay the agreed work wages. The contractor acts independently and decides for himself how much time and how many employees will be involved in the work.
Typical applications for work contracts are repairs, maintenance, the development and adaptation of software, construction work, transport services and the preparation of reports or plans.
When the work is completed as agreed, the customer must accept it from the subcontractor. Acceptance is a prerequisite for payment in the work contract. This means that the contractor can only demand payment after acceptance. The contractor is therefore initially obliged to provide advance services. If the contractor wants to be paid in advance, he must agree on interim payments with the customer.
After acceptance, the risk of deterioration or destruction of the work passes from the contractor to the customer.
It is important to note that the customer acknowledges that the work has been accepted as being in accordance with the contract. If defects are discovered after acceptance, the customer must prove that such a defect exists.
If the contractor requests the customer to accept the work and sets a reasonable deadline for doing so, acceptance shall be deemed to have taken place if the customer does not respond.
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We are particularly specialized in the quick and uncomplicated placement of skilled personnel from Eastern Europe. The employees we place are fluent in German.
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