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