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Audit of contractual partners

Your planned project is likely to be eligible for the conclusion of a contract for work and services or a fee-based contract.
You must now check whether the envisaged contractual partner is suitable.
Please repeat this step for all possible contractual partners if necessary.

Please make a group selection:

  • Contract design must not lead to a higher time commitment than permitted by the guidelines for the employment of SHK/ WHK (max. 19 hours per week)
  • Completion only permitted if the proper course of studies is not jeopardized
  • Note on special student status: University's duty of care > Contract under private law
  • In the case of foreign contract holders outside the EU member states, it must be checked whether the residence permit allows the exercise of self-employment (usually only the exercise of employment, as well as prescribed internships and secondary student activities)

Understood, further

IT IS NOT POSSIBLE TO CONCLUDE A CONTRACT FOR WORK WITH THIS GROUP.

  • According to § 57 LHO NRW analogously:
  • Contracts may only be concluded between members of the public service and their department with the consent of the responsible ministry.
  • Exclusion of the risk of mixing full-time and part-time employment

IT IS NOT POSSIBLE TO CONCLUDE A CONTRACT OF EMPLOYMENT WITH THIS GROUP.

  • Clarify possible options for continued employment with Dec. 4
  • Important: The appearance of a dependent employment relationship with all financial and legal obligations should be avoided.
  • In principle, a contract for work can be concluded with this group of persons.
  • Please note whether the contractual partner may also belong to another group.
  • In the case of foreign contractors outside the EU member states, it must be checked whether the residence permit allows the exercise of self-employment (usually only the exercise of employment, as well as prescribed internships and student part-time work).

Understood, further

  • Lecturers have their own legal relationship under public law.
  • They are self-employed.
  • The appointment does not constitute an employment relationship. (§ 43 sentence 2 HG NRW).
  • A teaching assignment cannot be supplemented or extended by a contract for work and services.

Understood, further

  • Remuneration earned from contracts for work and services is subject to income tax and must be paid by the contractor independently
  • For members of the public service:
    With the approval/notification of the contractor's employer for the performance of secondary employment
  • In the case of foreign contractors outside the EU member states, it must be checked whether the residence permit allows the exercise of self-employment (usually only the exercise of employment, as well as prescribed internships and gradual secondary employment)

Understood, further

  • The requirement to show VAT in accordance with § 19 UStG does not apply
  • VAT may neither be shown on invoices nor must it be paid to the tax office
  • Obligation to submit an invoice that meets the legal requirements
  • Note:
    Sales in the previous year did not exceed € 17,500 and are not expected to exceed € 50,000 in the current year

Understood, continue

IT IS NOT POSSIBLE TO CONCLUDE A CONTRACT FOR WORK AND SERVICES WITH THIS GROUP.

  • Orientation on whether a VAT identification number is available
  • If necessary, submit a procurement request for the required service instead

Contact persons

Sandra Schade

Employee

Contact

sandra.schade@zv.uni-siegen.de
+49 271 740-4403
AR-NA 102
Adolf-Reichwein-Str. 2a

Opening hours

Monday:
7:00-13:00
Tuesday:
7:00-13:00
Wednesday:
7:00-13:00
Thursday:
7:00-13:00
Friday:
7:00-13:00