The Commissioning foreign Subcontractors in Germany wins increasingly on Relevance - before all in Industries with high Demand for skilled labour.
Whether Subcontractors from Eastern Europe or generally Subcontractors from the Abroad: Company set reinforced on cross-border Co-operations, at Projects efficient and legally compliant realise.
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 are used to set fixed maximum numbers. They are based on the German labour market and the respective demand.
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 upon.
It’s important to differentiate between the lawful employment of workers under a contract for work or a contract for services and the unauthorised supply of labor. Temporary employment occurs when a foreign employee is assigned by their legal employer to a third-party company to carry out work.
What are the key criteria for a successful contract for work?
Before You also one legally binding work contract with one Subcontractors finalise, should You also clear Criteria define, at Your Requirements legally compliant and efficient realise.
You can decide for yourself what the criteria are for the work contract:
- Entrepreneurial freedom of decision making (organization, time planning)
- Business risk (e.g. warranty)
- Work result instead of work performance
- Remuneration for work result
- Autonomy from instructions
When this Points Fulfilled are, create You also the Basis for one reliable and transparent Co-operation on Work contract basis.
When does a work contract exist?
A contract for work under § 631 BGB exists when a subcontractor (contractor) agrees to deliver a specific result or completed work, and is compensated for it by the client (principal) through a work wage. 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 is transferred from the contractor to the customer.
It is important to note that the customer recognises the work as being in accordance with the contract upon acceptance. 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.
How can we advise you? Commissioning foreign subcontractors in Germany
We support you in the deployment of employees from abroad. We have a network of over 100,000 specialists. We have an extensive portfolio of various specialists from the fields of plant construction, mechanical engineering, industrial assembly, automotive, automation technology and much more.
We are particularly specialized in the quick and uncomplicated placement of skilled personnel from Eastern Europe. The employees we place are fluent in German.
Please contact us today.
