In Posting, subcontractors

This makes the contract legally secure

Subcontractors play a crucial role in many industries. Especially in the construction industry, German companies like to use subcontractors. There are many reasons for this, but no matter why, we will show you 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 contract important?

The liability of the main contractor is extensive and does not only apply to defects or damage caused by the subcontractor. According to the Posted Workers Act, the main contractor is also liable for ensuring that the subcontractor complies with the minimum collective agreement conditions and meets its contractual obligations as an employer. 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 works independently. He also has legal obligations as an employer. This must of course be ensured and therefore appropriate proof should be requested from official bodies. This includes, among other things, a trade license, business liability insurance, a membership certificate from the Chamber of Commerce and Industry or the Chamber of Crafts, as well as certificates of compliance with taxes and social security contributions.

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 contract should contain all the essential points that regulate the rights and obligations of both contracting parties. These include, among other things, the subject matter of the contract, the exact services and obligations of the subcontractor, 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 should be recorded in writing and signed by both parties to ensure legal certainty and avoid possible disputes.

We as a partner on your side

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 attach 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.

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Checklist – Use of EU subcontractors in Germany

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