Contractor Compliance

I advise in particular on the use of solo self-employed contractors, freelancers, external service and works contractors, subcontractors, and labour leasing (Arbeitnehmerüberlassung).

Deploying external staff safely requires that the chosen contract and engagement models meet the statutory requirements both on paper and in practice. With works and service contracts in particular, there is a risk that day-to-day practice deviates from what the contracts say.

This can lead to a finding of false self-employment (Scheinselbstständigkeit) or to an employment relationship with the deploying company. In three-party arrangements it can also result in unauthorised labour leasing, with serious consequences under liability, employment, social security and criminal law.

Effective contractor compliance identifies, assesses and minimises these risks early. Based on an individual risk analysis, I develop a compliance system tailored to your organisation, built in particular around contract management and case management.

Contract management covers the legal review and drafting of employment contracts as well as works, service and subcontractor agreements. The goal is clear contractual terms that reflect current legislation and case law.

Case management checks whether the actual cooperation matches the contractual arrangements. Suitable controls and monitoring detect deviations early and so avoid the risks of false self-employment or unauthorised labour leasing.

Since legislation and case law keep evolving, the compliance system should be reviewed regularly and adapted to new legal requirements.