The issues surrounding the use of outside personnel, be this in the form of employee leasing or on the basis of contracts for work and services, are a pre-eminent aspect of our advisory services. We advise and represent German and international businesses, from local and highly specialized agencies and outsourcing service providers to multinational corporations that also request and deploy outside personnel.
Our practice area encompasses all conceivable legal and strategic issues from advice on business models and the drafting of contracts to preventive strategies for the avoidance of liability (contractor compliance) and also speaking in and out of court in relation with government agencies and other involved parties where a problem seems insurmountable. Our focus includes:
- Strategic advice on possible models for using outside personnel (employee leasing, contracts for work and services, etc.)
- Contract modeling and negotiations for employee leasing contracts, contracts for work and services
- Implementation of strategies for the avoidance of liability and integration into existing CMS systems (contractor compliance)
- Representation of businesses in and out of court in all litigation related to employee leasing
- Representation in and out of the labor and social courts in cases of misclassification (misclassification proceedings against German Social Security, status actions of a possibly misclassified contractor, etc.)
- Liability proceedings in the civil law courts between involved businesses, acting for both the lessor/contractor and the lessee/client
- Cross-border employee leasing and cross-border contracts for work and services
- Employment law advice during transactions, particularly for target entities with a focus on external personnel models (leasing companies, IT service providers, etc.)
Our specialists for questions related to contractor compliance are Dr. Thilo Mahnhold and Dr. Daniel Klösel, who have not only written their doctoral theses in the area, but have also written numerous publications on compliance. These topics have been discussed regularly in our Client Newsletters as well as in our Breakfast Club.