The awarding of a contract for work or a fee-based contract is subject to a number of preconditions. In order to determine whether a contract for work or a fee-based contract is the appropriate form of contract for your project, you can answer the following questions as part of a non-binding preliminary review. In this way, unnecessary work can be avoided from the outset. The list of questions also contains useful explanations to make the reasons for awarding a contract for work (or excluding it) transparent for you.
Which of the following characteristics are fulfilled?
- Independence from the client (free decision-making power with regard to acceptance of the order), autonomy
- Not bound by instructions - only key points are defined in the contract.
- Free organization of working hours
- No integration into the client's operational organization, i.e. use of the infrastructure (mail, telephone, work equipment)
- No assigned workplace
- Bearing the entrepreneurial risk and the costs of carrying out the work.
- Project-related remuneration (hourly fee), no service > no remuneration
- Example: Preparation of an expert opinion or translation, consulting services and pure services
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- The contractor owes the pure activity regardless of the intended success of the activity
- Obligation to follow instructions regarding place, time and content of the performance of the service
- Obligation to accept the order
- Integration into the company and the company organization: provision of office, work materials and equipment, equal treatment with employees
- Remuneration based on time periods (not dependent on work results)
- Obligation to pay wage tax and social security contributions
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