This makes the contract legally secure
Subcontractors play a decisive role in many industries. Especially in the construction industry subcontractors are often used by German companies. There are many reasons for this, but no matter why, we will show you here what the subcontractor contract is and why it is important.
What is a subcontracting agreement?
A subcontracting contract is a contractual agreement between a main contractor (GC) and a subcontractor. This contract sets out the conditions under which the subcontractor will provide certain services within the scope of the contract. It is the contractual relationship between both parties, without direct involvement of the developer or client. The main contractor is responsible for the subcontractor's services and is also liable in the event of problems or defects.
Why is a legally secure subcontractor agreement essential for risk-free collaboration?
The liability of the main contractor is extensive and does not only apply to defects or damage caused by the subcontractor. According to the German Posted Workers Act (AEntG), the main contractor is jointly liable for ensuring that the subcontractor adheres to the minimum wage, working conditions, and collective agreement obligations, and fulfills all employer responsibilities under German labor law. If the subcontractor does not meet its obligations, the main contractor can be held liable for damages or costs.
Subcontractor contract according to VOB or BGB?
Subcontractor contracts can be concluded either according to the regulations of the Construction Contract Procedures (VOB) or according to the German Civil Code (BGB). The VOB contracts are designed specifically for the construction sector and are only binding if they are listed as part of the construction contract. However, most subcontractor contracts are based on the German Civil Code and are designed as work contracts according to Section 631 of the German Civil Code. In such a work contract, the subcontractor undertakes to produce or complete a predetermined work for a certain fee.
What documents must a subcontractor submit?
A subcontractor operates independently and assumes full legal responsibility as an employer. To ensure legal compliance and avoid liability risks, companies should request proper documentation from official authorities. This includes a valid trade license, business liability insurance, a certificate of registration with the Chamber of Industry and Commerce or Chamber of Crafts, as well as up-to-date tax clearance and social security contribution certificates.
How does cooperation with foreign subcontractors work?
Within the European Union, there is freedom to provide services. This allows German companies to work with subcontractors from EU countries. Special regulations and requirements apply here, particularly with regard to tax and social security aspects. In addition to the usual evidence, appropriate documents from the subcontractor's home country should therefore also be requested to ensure that all legal requirements are met.
What are the contents of a subcontractor agreement?
A subcontractor agreement must contain all essential points that regulate the rights and obligations of both contracting parties. This includes the subject matter of the contract, the subcontractor's exact services and obligations, the time frame of the contract, agreements on the use of materials and the provision of work equipment, as well as regulations on remuneration, liability and insurance.
All agreements must be recorded in writing and signed by both parties to ensure legal certainty and avoid potential disputes.
We support you as an experienced partner in every phase of your project
A huge advantage that you enjoy as our customer is that we at Zeitarbeit International have been active in the field of personnel placement and temporary employment throughout Europe for over 30 years. We have specialized in workers from Poland and Eastern Europe.
We give great importance to tested temporary workers and subcontractors. They all speak German, can be deployed flexibly and are extremely reliable. They are also quickly available. To round off the package for you, we take care of everything: work permits, approvals, accommodation, meals and travel.
