Subcontractor

A subcontractor or subcontractors provides the basis of a contract or service contract on behalf of another company ( principal company ) the whole or a part of the main company with respect to its principal owed ​​service. The subsidiary is a separate legal in the way how it is meeting its contract -free. Are not designated as subcontractors suppliers or subcontractors that are so active because of a sales contract.

Dissemination and reasons

The use of subcontractors occurs in particular in the construction industry, the logistics industry, the IT industry, the travel industry and in public transport (PT ) as well as in agriculture. In the travel industry, the individual transport operators, tour guides and Hostelling establishments are used as subcontractors of a tour operator. Reasons are often cost-saving special abilities of the subcontractor or overload of the main company. In public transport only one ( large ) part of the transport services are usually provided by the main company, the remaining benefits are awarded to ( mostly different ) subcontractors. The subcontractor rate must be below 50 percent due to EU regulation.

Ratio of the main company and the principal

Whether the main companies may use subcontractors, determined by the contract with the client. Unless controlled, it must be clarified through interpretation, whether the client may exist by the main companies solely on the performance of the contract, which is for example, in artistic performance or report regularly the case, otherwise the exception. Performance problems caused by the sub-contractors are in the ratio of the main company and the principal treated as defective performance by the main company. Any debts of Nachunternehmens is the main company attributed ( legal concept of so-called agents, see § 278 BGB). In relation to the main contracting company bears the risk of insolvency of the Nachunternehmens.

Ratio of Nachunternehmens to the main corporate

The subcontractor provides its service on the basis of their own service or work contract ( for demarcation to see bogus self employment ). The subcontractors thus bears the risk calculation. When performance problems, the main company the rights as any customer or authorized service, but regularly the main client asserts claims against the principal company claims and this " is by " the claims of the subcontractors. Special rules exist in the contract for the term of the remuneration ( § 641Abs. 2 BGB).

Etymology

The Latin prefix sub means under or below, can be seen with regard to the status of commissioned company ( Contractors ) to the main enterprise, which may be placed higher in the hierarchy.