Billing hosts and hostesses via a trade licence? Is that possible?
\nFor many companies, it is still unclear how promotional staff, hosts & hostesses or external trade fair staff should be billed.
\nFor this reason, we have summarised all the key legal aspects for you in this article.<\/p>\n
The most important thing to note in advance: The billing of trade fair and event personnel via a trade licence is (and was) prohibited by law as part of so-called \"bogus self-employment\".
\nSelf-employed within the meaning of the law is anyone who is \"essentially free to organise their work and determine their working hours\". This first and most elementary distinction between employee and self-employed person already makes it clear that promoters and hostesses cannot be self-employed, as their working hours, location and activities are prescribed within a narrow framework.
\nEmployment in the context of \"bogus self-employment\" is assessed by customs as evasion of social security contributions and is punishable by draconian fines and even imprisonment.
\nThis is not new. It's just that it's been very tightly controlled recently...<\/p>\n
Consequently, only the employment of trade fair staff as employees subject to social security contributions is legal!<\/p>\n
Since it is unrealistic and unrealistic for every advertising or trade fair organiser to employ their own hostesses as employees, there are two options for having \"external employees\" work for them.
\nThe employee leasing agreement (A\u00dcV) (optimal) and the order (emergency solution)<\/p>\n
In the case of employee leasing, the employee of one company is leased to another company.
\nFor this, the company that hires out the employer (the hirer) requires an official licence - which we naturally have. There are no special requirements for the company that hires out the employee (the hirer).
\nIn order for the loan (hiring out) to be legal, the lender and hirer must conclude a written contract in advance.<\/p>\n
If you hire out employees as part of an A\u00dcV, the right to issue instructions is transferred to you. This means that you can issue work instructions to the employee as you would to your own employees.
\nOtherwise, the employee working for you remains employed by the hirer. All reporting and (social security and tax) obligations therefore remain with the hirer.<\/p>\n
In 2009, the legislator also addressed the problem of undeclared work and introduced a regulatory immediate registration obligation. This means that certain industries and trades are obliged to register for social security before an employee starts work, but no later than the first day of employment. The legally compliant employment of temporary workers by reputable companies with a licence to supply their workers therefore offers numerous advantages:<\/p>\n In large companies in particular, the co-determination rights of the works council or any collective agreements can make the use of temporary workers difficult or impossible. In this case, it is by no means necessary to employ tradespeople and make yourself liable to prosecution. As an emergency solution, an order can be placed here.<\/p>\n In the case of an order, the end customer (client), who employs the employee, and the agency (contractor), which employs the employee, conclude a contract for work. This contract for work does not require any special form. In our case, it is the offer signed by you that we send you in response to your enquiry. This sets out all the key points of the work. By signing it, you agree to the details and conditions of the contract. Everything that is not explicitly regulated is then primarily subject to the contractor's right to issue instructions.<\/p>\n The employee deployed is in an exclusive employment relationship (service contract) with the contractor and works for you in the name and sphere of authority of the contractor.<\/p>\n This means that you have no right to issue technical instructions to the employee. All work instructions (no matter how minor) must be requested from the agency and instructed to the employee by the agency. This is comparable to a craftsman building a house. In addition to the inconvenience, there is a great risk in this case (especially at trade fairs and public events with a high customs presence) that a request made by the client to the staff will be understood or interpreted as a work instruction. Placing an order therefore has numerous disadvantages:<\/strong><\/p>\n Probably the most popular misconception is that ae Self-employed<\/em>r (trader) as hostess or promoter<\/em>in only has to have several clients in order not to be bogus self-employed. Other criteria such as the treatment of comparable employees, the designation by the contracting parties, the continued payment of remuneration in the event of absence or even the payment of social security contributions are only used to assess the employment relationship if the first three criteria do not allow a reliable conclusion to be drawn. It is often assumed that the short-term assignment of an employee is legal. However, the fact is that even the assignment of an employee for a so-called \"logical second\" requires official authorisation. An employee is deemed to have been assigned if he or she carries out a work instruction received from a person who falls within the sphere of control of another company. If there is no authorisation or if no A\u00dcV has been concluded, all of the above-mentioned legal consequences may apply.<\/p>\n Please contact us if you have any further questions or if you would like advice on a suitable contract model for you!<\/p>","protected":false},"excerpt":{"rendered":" Billing hosts and hostesses via a trade licence? Is that possible? 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\nThis also included employers of hosteat and promoter<\/em>inside
\nWe are also happy to take on this task for you.<\/p>\n\n
Interesting facts about the emergency solution: Order<\/h2>\n
\nThis solution is as cumbersome as it sounds. The implementation of instructions is very slow due to the long communication channels. The long communication path can be shortened by having a project manager from the agency on site, who receives the client's requests and implements them on his own initiative. However, this naturally incurs additional costs for the intermediary project manager (the so-called \"bridgehead model\"). To ensure clear differentiation, it is also advisable not to integrate the project manager into the workflow of the personnel.
\nAs the client, you are not authorised to issue technical instructions to this project manager either.<\/p>\n
\nYou can tell the roofer which tiles you want and how the roof should look. However, which employees he uses and how he carries out the work is not, within certain limits, subject to the homeowner's right to issue instructions.<\/p>\n
\nThis can have serious and expensive consequences.<\/p>\n\n
Popular misconceptions<\/h2>\n
Several clients:<\/h3>\n
\nIn fact, the distinction between the self-employed\/employee groups is based on 3 criteria, according to relevance:
\nThe starting point is Section 84 (1) sentence 2 HGB (not directly applicable, but a general legislative assessment), according to which anyone who is essentially free to organise their work and determine their working hours is self-employed.This point alone applies to virtually non Host<\/em>ess or promoterin to.
\nIntegration into an external production area\/work organisation A self-employed person is generally not integrated into an external production area or external work organisation. A<\/em>e Hostess or promoter<\/em>in already.
\nUse of the entire labour force for externally planned\/non-profit purposese Self-employed<\/em>r always uses part of his labour power solely for his own company. Ae Host<\/em>ess or promoter* usually not.<\/p>\n
\nThe number of employers is completely irrelevant for the assessment. This makes sense because working for several employers in the context of employment subject to social security contributions or as a so-called mini-job is quite common, especially in the low-wage sector. This fact is therefore unsuitable as a distinguishing feature from the outset.<\/p>\nShort-term leasing:<\/h3>\n