Requirements for Contracts for Services

In order for a work contract to be recognized and approved as part of the secondment, certain requirements must be met.

Differentiation between a contract for work and a temporary employment contract.

The secondment of foreign employees from companies based abroad for employment in the Federal Republic of Germany can only take place on the basis of a contract for work and services. Temporary employment, i.e. the posting of a foreign employee by his employer (lender) to a third party (hirer) to perform work in accordance with the latter's operational requirements, is prohibited.

For this reason, the competent authorities carefully examine what is to be fulfilled with a contract for work. Among other things, the following criteria must be met:

Agreement on the creation of a specific work project
Independent organization by the foreign company
No influence by the client
No integration into the client's business
Performance-related remuneration

In view of the complexity of the matter, it is advisable to have our experienced lawyers review contracts at an early stage before they are concluded. This allows us to clarify how the desired result can be achieved quickly.