The employment of Subcontractors from Poland is an attractive option for companies in Germany to flexibly access labour and reduce costs. When working with Polish subcontractors, however, it is important to consider the legal and contractual aspects, particularly with regard to the labour market. Contract for work. In this article, we will shed light on some important questions about contracts for work and labour with subcontractors from Poland and give you tips on how you can best prepare for them.
What is a contract for work?
A contract for work is an agreement between a client and a subcontractor, where the subcontractor performs a specific work or service. In the case of subcontractors from Poland, this can be, for example, the construction of a building, the creation of software or the performance of clearance work.
What questions should be clarified in the contract for work?
Here you can find out which key issues need to be clarified in the contract for work and services in order to create a clear and binding framework for the collaboration and ensure that everything runs smoothly.
- Service description: Clarify exactly what services the subcontractor is to provide. This includes both the scope and the quality of the work.
- Price and terms of payment: Agree a fixed price for the work or service and clearly define the terms of payment, including due dates and any instalments.
- Liability and warranty: Define the subcontractor's liability for defects or damage and regulate the warranty periods for the services provided.
- Secondary obligations: Also consider ancillary obligations such as the provision of materials or tools that the subcontractor needs to carry out the work.
- Cancellation and contractual penalties: Specify the conditions for possible cancellation of the contract and any contractual penalties in the event of breaches of the agreed conditions.
Additional information
When employing subcontractors from Poland, companies should also take cultural and linguistic differences into account. Open and respectful communication is crucial for successful cooperation. In addition, it is advisable to familiarise yourself with the current legal and economic situation. General conditions in Poland to gain a better understanding of the local business environment and working conditions. Companies can benefit from the growing economic opportunities in Poland, as the country has a stable economy and continuous growth. With the right preparation and partnership with experienced service providers such as Temporary Work International companies can ensure that they benefit optimally from the advantages of working with subcontractors from Poland.
Careful preparation is everything
Careful preparation is essential before concluding a work contract with a Polish subcontractor. Make sure that you record all relevant details in writing and clarify any open questions in advance. A clear and transparent agreement forms the basis for successful collaboration.
Employing subcontractors from Poland via a work contract offers numerous opportunities, but also harbours some legal and contractual challenges. By clarifying the above issues in advance and agreeing on a transparent and clear agreement with your subcontractor, you can ensure a successful collaboration. If you need additional support or have further questions, Global Business Recruiting can help you. With our expertise and experience, we are at your side to successfully implement your projects.
Important evidence for Polish subcontractors
In addition to the work contract itself, Polish subcontractors must fulfil further obligations. These include the A1 certificate for posted workers, proof of minimum wage payment as well as business registration from Poland and registration with the German tax office. Find out more: Travelling as a subcontractor in the EU - proof required.
Also make sure that the collaboration is not perceived as Bogus self-employment can be categorised as a "subcontractor" - especially if employees of the Polish subcontractor are integrated into your company or receive instructions from you.
Frequently asked questions about work contracts with Polish subcontractors
In cross-border projects, linguistic and cultural differences are an additional risk for misunderstandings. A clear written contract in German and Polish creates a binding basis and protects both sides in the event of a dispute.
The parties are free to choose the applicable law in the contract. If no law is agreed, the law of the country in which the service is provided - i.e. typically German law - generally applies to EU-related contracts. It is advisable to expressly stipulate this in the contract.
Yes, according to § 13 MiLoG, you as the client are liable as guarantor for ensuring that your Polish subcontractor pays its employees the German minimum wage. You should therefore obtain the relevant evidence.
Yes, a lump sum or fixed price is possible and advisable for a contract for work and labour if the scope of services is clearly defined. This gives both sides planning security and avoids disputes about remuneration later on.
Global Business Recruiting has an extensive network of qualified Polish subcontractors in areas such as construction, welding, electrical engineering and mechanical engineering. We take care of pre-selection, contract drafting and legal protection - so that you can concentrate on your project.
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