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For businesses
Contract for Work (Werkvertrag): Common Mistakes and How to Avoid Them
A contract for work sounds simple but is legally demanding. Knowing the typical mistakes saves you back payments and disputes with authorities.
Mistake 1: the result is not clearly described
A contract for work owes a result, not working hours. Without a concrete description of the service and an acceptance step, much points to hidden temporary agency work.
Mistake 2: instructions to the subcontractor’s staff
If you as the client give staff direct instructions, you risk being classed as temporary agency work. Instructions go through the subcontractor’s responsible person.
Mistake 3: missing proofs
- minimum wage: proof of wage payment (€13.90 since 2026);
- social insurance: clearance certificate;
- in construction: exemption certificate under §48b EStG, otherwise 15 percent withholding tax;
- working time records within 7 days.
Mistake 4: underestimating liability
As client you are liable for the subcontractor’s minimum wage (§13 MiLoG with §14 AEntG) and in construction for social contributions (§28e SGB IV). Trust does not replace checking.
Mistake 5: mixing workplaces
Shared shift plans, shared tools and integration into your business are warning signs.
Conclusion
Clear service, clear responsibility, complete proofs. If you need temporary agency work, choose that form deliberately and check the licence.
FAQ
What is the difference between a contract for work and temporary agency work?
A contract for work owes a result; with agency work the staff work on your instructions in your business.
How long should I keep proofs?
Working time records at least 2 years; tax documents longer under the usual deadlines.
Who checks this?
Customs (FKS), pension insurance and tax authorities.
