Contracts for work in concrete factories

The slow death of a flexibility model

Two years ago, I reported at this congress on the difficulties involved in establishing an “indisputable” contract for work. The problems highlighted at that time are still existing. Contracts for works often fail due to the fact that the external contractors are integrated in the internal workflows or due to the fact that the work contractor does not bear any real entrepreneurial risk at all. The legal consequences of a sham contracting agreement are very unpleasant: There are uncertain topics like illegitimate contract staffing, withholding of social security contributions and the evasion of...

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Issue 02/2013 Current labor law

Self-employed collaboration on the basis of contracts for work – The easy way to achieve flexibility?

The award of works or services on the basis of contracts for work can be an option to achieve a greater degree of flexibility within the business. Issues such as the continued payment of wages and...

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Issue 02/2016 How the supplier of concrete components stands up to VOB ­regulations

From sales contract to contract for work?

The contract for manufacturing and supplying of precast components is a so-called contract for work and materials in the sense of § 651 BGB (of the German Civil Code). On the other hand, contracts...

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Issue 02/2015 Violation of the manufacturer’s specifications - a defect?

Clauses in sub-contractor contracts / sale of goods law

Clauses in sub-contractor contracts In the chain of performances under a contract for work and services, contracts between client and general contractor and contracts between general contractor and...

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Issue 02/2014 How to pass them on to sub-contractors

Handling liquidated damages –

If the principal asserts a claim against the general contractor on the grounds of delayed completion of the construction work due to a culpable breach of contractual duty by a sub-contractor, the...

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Issue 02/2017 New regulations for temporary work and the contract for work

Good things come to those who wait?

The topic “deployment of external staff” does not come to peace. After the confusion caused by the German Minimum Wage Law introduced in 2015, employers will have to struggle with changes to legal...

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