Employment contract

A service contract occurs when one party to the performance of certain services and the other part is obliged to pay the agreed remuneration. This includes independent or not independent; dependent, self- identified or other-directed services.

The best-known service contract is the employment contract. The employment contract is a sub-case of the service contract. In contrast to the service contract, the service obligor owes no separate services at employment. The employment contract differs from the "normal " employment contract even in that it contains more in-depth mutual rights and obligations (for example, continued pay in case of illness according to § 3 EntgFG, holiday entitlement, transfer dependence, care and fiduciary duties ). But not only the employment relationship, but basically each service is treated in Germany contracted through the service contract according to § 611 BGB.

Type of contract

The service contract is a mutual agreement, by which the part is a be obliged to perform the promised services and the other part to pay the agreed remuneration. The parties to the contract are called service owner (as the creditor of the service) and conscript (debtor). On the service contract, the service obligor owes independent services, ie, self-employed.

In contrast to the work of the service contract obligor owes a power ( effort ), but no success. In addition, the service contract is bordered on the work contract by the design as a permanent obligation. If the service contract before performance of the service to be terminated, the termination of the termination shall be made. Quite difficult but made ​​the distinction in the employment of bogus self-employed. Here it is also possible to employ under the special conditions of § 7 SGB IV persons with a work contract. The demarcation problem is usually also the agency agreement ( § 675 BGB).

In addition to the purchase, the lease and the work contract is the contract of the common law of obligations contract type in legal relations.

Typical service contracts

Typical service contracts are - apart from the contract of employment - for example, the treatment contract, the mandate contract with a lawyer, teaching contracts (in particular distance learning ) and telecommunications contract (eg mobile phone contracts ), and not least of great practical importance is also the insurance contract. The architect's contract is, however, contrary to popular thought, not a service contract, but a contract (albeit with some elements of a service contract). The employment of a civil servant is designed public law and therefore is not resolved through the civil law, but on the civil law, a branch of administrative law. Also offering a software on a rental basis ( ASP solution ) can be controlled via a service contract.

Special

The remuneration package of the service is the main duty of the service beneficiaries. Remuneration is the amount of by the contractual agreement; the amount of compensation can also determine by collective agreement on employment contracts. Each service contract, the service to the obligor, even if the service is entitled to the services are not or does not answer in time, require compensation. In teaching contracts hence the remuneration is payable if an agreed date is not perceived. Continue to pay in case of sickness and recreation and maternity leave, there are additional legal and collective bargaining arrangements.

Exist for the employment important provisions in the Trade Regulation: According to § 106 Industrial Code is a Transfer right of the employer to the employee, in accordance with § 109 Industrial Code is a worker's entitlement to grant of a qualified work product.