In Posting, subcontractors

How does the collaboration work?

There are now many industries in which more and more subcontractors are being used. In industry, construction and commerce in particular, there is a fairly serious shortage of skilled workers, which is becoming apparent through the use of foreign employees.

There are of course some aspects to consider that you can safely forget about when it comes to German staff. Whether it's licenses or certificates, there's a lot to do. Today we'll focus on the basic things you should consider so that your collaboration with foreign subcontractors can be successful.

What is the relationship between the client, the main contractor and the subcontractor?

The relationship between these three parties is crucial. You, as the client, usually negotiate with the support of site managers, project managers and buyers about costs, conditions, legal framework and the quality and qualifications of the subcontractor.

It is particularly important here that there are very clear agreements that everyone can follow. Transparent communication helps to avoid misunderstandings and subsequent problems.

Are you allowed to employ a subcontractor without a contract?

In principle, it is possible to use a subcontractor without a contract. However, there are various legal aspects that you should take into account. This is why we advise against it. However, if you or the subcontractor do agree to work together without a contract, you should put all agreements in writing so that there are no disputes later.

What about liability claims and documentation obligations?

The first thing you should know is that you, as the client, have no direct liability claim against your subcontractor. Under German law, there is no direct legal relationship between them. You, as the main contractor, are liable for the services that your subcontractor carries out on your behalf.

However, you also have the option of making claims against the subcontractor, particularly in the event of damage or defects in the work. It is therefore important that you put all agreements and the services ordered in writing beforehand.

What do invoicing and service descriptions look like for subcontractors?

As the main contractor or client, you can relax because your subcontractor will issue you an invoice. The service description will be clarified in detail between the two parties beforehand. Make sure to describe the services precisely. This way you can avoid any disagreements or misunderstandings on both sides.

The description protects both of you. The subcontractor knows exactly what he has to do and you know what you are paying for.

What are the advantages and disadvantages of subcontracting without a contract?

As with everything, there are advantages and disadvantages. Of course, you are more flexible without a contract and can perhaps process your clients' orders more quickly. But especially when you think about issues such as legal protection, liability and quality assurance, it is definitely advisable to sign a contract.

Zeitarbeit International – your reliable partner for subcontractor placement

We have been active in the field of recruiting German-speaking workers from abroad for over 25 years. We have specialized in workers from Eastern Europe.

The advantages you enjoy with us are:

  • You will receive German-speaking staff
  • We arrange quick and uncomplicated
  • Our foreign subcontractors have all the important certificates with impeccable references
  • All contracts are legal and secure
  • You don't have to worry about anything: from the organization and contracts to on-site support and catering, we take care of the entire process

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