March 5, 2022

Consulting Agreement Germany

General Terms and Conditions of Sale (GTC) Preamble Paul D. Reinsdorf, Rechtsanwalt (hereinafter referred to as “Rechtsanwalt”) provides articles and model contracts (hereinafter referred to as “files”) in digital form on the Internet portal www.reinsdorf.net, which can be requested and downloaded by anyone against payment. In view of this, the following General Terms and Conditions (collectively, the “Terms”) govern the purchase/use of the Files: 1. Order and Delivery The User requests the Files electronically and the Lawyer makes them available electronically immediately upon receipt of payment. The user ensures that his computer has the technical capabilities to receive and use the files. The purchase/delivery of files does not create a lawyer/client relationship. 2. Price The purchase price of the files will be displayed on the online order form, which will be integrated and integrated into these conditions. All prices include VAT. 3. Cancellation/Return The user is aware that there is no right to cancel or return downloaded files for a fee or files transmitted electronically for a fee. 4.

The liability lawyer took great care in the preparation of the files. However, Rechtsanwalt assumes no responsibility for incorrect, incomplete or outdated information. The files are for information purposes only and do not in any way replace competent legal advice. The user should check the completeness of the files and, if necessary, obtain competent legal advice before using the files. 5. Copyright The user has the right to use the requested files for his own use. Any further use is not allowed. In particular, commercial reproduction and resale of files is prohibited. All copyrights, rights of use and other proprietary rights in the files remain the property of the attorney. Attorney`s copyright notices may be removed from files used by buyer for personal use. 6.

Final Provisions If any provision of these terms and conditions is or becomes invalid, the remaining provisions shall not be affected. All disagreements concerning this Regulation are subject to the law of the Federal Republic of Germany. The place of performance and jurisdiction is Frankfurt, provided that the user is a merchant. As of April 2019 When assessing a person`s status, the deciding factor is the actual nature of the relationship and not just the written terms of the contract. Therefore, it is not enough to enter into an agreement in which the wording or title of the contract indicates that it is a contractor`s contract, but the performance of the contract suggests that the relationship is in fact a dependent employment (for example.B. because the person is integrated into the company itself and works according to the instructions of the company). The very nature of the relationship takes precedence over the legal terms of the agreed contract. Nevertheless, contractual provisions remain very relevant in practice, as e.B. in an audit (e.B.

tax audit), the auditor usually only sees the contract, but will usually not be able to understand the actual nature of the contract. In principle, the landlord is obliged to grant his employees (temporary workers) the same basic conditions of employment as apply to comparable permanent employees in the tenant`s home. This basic principle of German and EU DER LEGISLATION can be derogated from if the owner applies a collective agreement for his employees. In the vast majority of cases, such collective agreements apply. Finally, it should be noted that the way in which the parties determine their contractual relationship is irrelevant. In particular, it is not important to know how the parties have structured their contractual relationship in the contractual documents, but how the contractual relationship is exercised in day-to-day business. Thus, even if both parties are convinced that their contractual relationship is a service contract, it can still be evaluated by the German courts or authorities as an employment relationship and vice versa. Hiring an entrepreneur is often an attractive and fairly simple way for foreign customers to set up their business in Germany without having their own employees there. But this approach carries significant risks if it is not done well. German legal practice has developed various criteria for determining whether a contractual relationship should be regarded as an independent contractual relationship or as an employment relationship.

Accordingly, the underlying agreement must be carefully formulated and manipulated in such a way as to meet the criteria that indicate an independent employment relationship and to avoid the characteristics of an employment relationship. Otherwise, misclassification problems can arise with serious, costly and personal consequences. If it turns out that an alleged entrepreneur is in fact an employee, the employer will face a number of risks related to protection against dismissal, social security, tax matters and even possible criminal charges. A service contract is a legal contract between an employer and a person or company that has been engaged in a specific task. Depending on the type of contract and the task to be performed, this contract can also be called consulting contract, contract contract, freelance contract, supply contract, management contract, service details, service plan, etc., although it is essentially the same document. The main purpose of a service contract is to document all the details of a business relationship so that the expectations of both parties are clear and there are no misunderstandings between them. A well-written service contract is a good starting point for a productive and hassle-free business deal, as it forces both parties to consider where they stand on a range of current and future issues. Under German law, both contracts with independent contractors and contracts with employees are essentially service contracts.

Therefore, both types of contracts have the same roots and are similar. Both are subject to German civil law, which is essentially enshrined in the Civil Code. This agreement is a form of employment contract used to engage a person or company with a specific and defined task for the employer and includes details such as the type of work, the duration of employment, the rate of pay and any confidential obligations that may exist. .