The Action Alliance Fachkräfte e.V. pursues the goal of enabling skilled workers and subcontractors from Central and Eastern Europe to take on lucrative long-term contracts in Germany. With first-class German clients, at fair hourly rates and with transparent contracts.
The Action Alliance consists of three companies: Fachkräfte e.V., GermanWorker sp.z o.o. and W&W Personaleinsatz GmbH. For a project to run to everyone's satisfaction, clear regulations are needed: about the contractual relationship, communication and the flow of money..
If a contractor takes over a project from a German client, it needs a work contract. This Contract for work was drafted by a renowned specialist lawyer for construction law and further developed by Fachkräfte e.V. together with the lawyer on the basis of the contract experience gained in recent years. A sample contract for work and labor is freely available in the download area of this website.
Customer consultants of Fachkräfte e.V. discuss key data with the German client, such as the start date of the assignment, the duration or the requirements for the crew. On this basis, the German Fachkräfte e.V. and the client conclude an Mediation order. The agency agreement precisely specifies the profile of the contractor sought.
Fachkräfte e.V. advertises the available project on the website - to existing partners and to new interested parties. Once a suitable contractor has been found, he receives an already signed work contract from the German client via Fachkräfte e.V. The contractor also signs the work contract and sends it to Fachkräfte e.V., which in turn sends it to the German client. The work contract thus becomes valid.
If there is no cooperation yet, the contractor must register beforehand. Subsequently, an employee of Fachkräfte e.V. will contact the contractor for a meeting to get to know each other, true to the motto of the action alliance: "We bring together what fits together!"
Good to know: The incontestability of a claim is ensured via the contract in connection with the acceptance protocols signed by the contractor or one of his trusted persons Unanfechtbarkeit einer Forderung gesichert.
Important for the contractors: The customer consultants of Fachkräfte e.V. are aware that they have a duty of care towards the contractor. You only conclude contracts with clients and managing directors who have been checked for creditworthiness! The conditions for the German client are: He must - as far as it is auditable - generally have a positive reputation and have been active on the market for at least 2 years. He must have published at least one annual financial statement and he must be found creditworthy by a credit rating portal.
Fachkräfte e.V. communicates with the client and the contractor - during the ongoing assignment and afterwards. The big advantage for the contractor: He can staff several projects via Fachkräfte e.V., but has only one contact person.1 call - 10 issues solved! As an experienced personnel and project planner, Fachkräfte e.V. understands the needs of the contractor and advocates for him with the German client.
Because exact communication is also a matter of mentality, there is GermanWorker sp.z o.o. GermanWorker sp.z o.o. is the Polish interlocutor for Polish contractors. The Polish employees answer all questions and help with preparations such as the procurement of documents.
The communication between Fachkräfte e.V. and GermanWorker sp.z o.o. runs digitally via a proven software. It works like a ticket system. The advantages: Tasks land immediately with the right processor. All information is forwarded. Nothing is forgotten. Everything is traceable!
After the conclusion of a contract between the Client and the Contractor, the Contractor grants W&W Personaleinsatz GmbH a power of collection related to the respective project. The power of collection ensures the following: W&W Personaleinsatz GmbH may issue invoices to the Client on behalf of the Contractor. If necessary, it may also write reminders for the contractor to the client. In extreme cases, it may - after consultation with the contractor - instruct a lawyer to collect the debt. The client confirms with his signature on the collection power that he has taken note of it. By the way: It is noted on the invoice that the client must transfer the amount to the escrow account of W&W Personaleinsatz GmbH in discharge of debt .
At the end of the working week, the contractor sends his signed timesheets including the activity records to W&W Personaleinsatz GmbH by e-mail. The timesheets are checked immediately. W&W Personaleinsatz GmbH then issues the invoice and sends it to the client. At the same time, it is filed in the W&W office. Customer consultants of W&W Personaleinsatz GmbH agree on the respective payment term with the client. The standard payment term is seven days . This means: work for one week, at the end of the week the payment is settled with a payment term of one week. After that the money comes weekly from the employer.
To ensure that incoming payments can be monitored closely, the client transfers the amounts to a trust account set up especially for the contractor, to which W&W Personaleinsatz GmbH has access . If the client does not pay, W&W sees this immediately and takes action with reminders.
If the payment is not received, W&W Personaleinsatz GmbH calls the client on the day after the invoice is due. If two days later there is still no money in the trust account, W&W writes the first reminder. If the invoice still remains unpaid after the third reminder, W&W Personaleinsatz GmbH asks the contractor whether the case may be handed over to an experienced lawyer specializing in construction law and with a law firm in Germany and Poland.
The lawyer takes the contractor as a client. However, the contractor does not need to take care of anything: The lawyer receives from W&W Personaleinsatz GmbH all the documents he needs to collect the debt. The lawyer's work is free of charge for the contractor as long as the client does not pay anything. If the client pays, he deducts a fair lawyer's fee. The lawyer announces the amount of the fee, which is due proportionally from the collected sum, before starting his work. Thus, the contractor can still decide whether the lawyer should take the case or not.
The equation is simple: good work for fair pay. The hourly rates are designed in such a way that after deducting the service fee, the hourly rate remains more than attractive for the contractor. At the same time, Fachkräfte e.V. is not only available to the contractor, but also to the client before, during and after a project as a dispatcher and contact person.
In short, the fee paid by the contractor includes the following services: finding the German client, checking him, determining the parameters for contract negotiation, matching the contractor's profile, support in finding accommodation, communication with the client in project and financial matters, invoicing, dunning and the organization of follow-up projects – so in other words, all the services of Action Alliance Fachkräfte e.V. together. For these services, the Action Alliance receives a variable percentage of between 5% and 15% of the invoice total as a service fee per payment by the client, depending on the project and constellation. The exact amount of the fee can be found by the contractor, after he has registered, within the project details. The costs are settled internally between Fachkräfte e.V., W&W Personaleinsatz GmbH and GermanWorker sp.z. o.o.. The client does not incur any further costs.
If the client pays less than invoiced, the project-related costs for the contractor are minimized. As long as the client does not pay, the contractor does not incur any costs at all. For the sake of simplicity, the fee is deducted on the same day from the sum that W&W Personaleinsatz GmbH transfers on. W&W summarizes the deducted sum once a month on a collective invoice for the contractor's accounting department.
W&W Personaleinsatz GmbH manages all documents. If the contractor still needs proof afterwards, such as those relating to hours worked, invoices, project-related documents or project- and finance-related communication records, W&W makes everything available to him immediately. An additional benefit for the contractor: As a German company, W&W Personaleinsatz GmbH knows exactly which invoicing regulations must be complied with in Germany or what must be documented in order to apply the lever in the right place in the event of a dispute.
To ensure maximum security for the contractor, W&W Personaleinsatz GmbH is not only the contact for legal issues. It handles the weekly invoicing on a fiduciary basis and transmits the invoices to the client. W&W uses a separate invoice number range for each contractor - and thus also for his tax consultant. If the contractor wishes to refer to his own number, he can send it to us with the timesheets to be billed. In this case, it is important to note: Each number must be unique, but not necessarily consecutive. It may consist of numbers and letters and must be able to be assigned to an incoming payment. Should the contractor nevertheless wish to prepare the invoices himself in order to submit them to his tax advisor, these invoices must not be sent to the client, but to W&W Personaleinsatz GmbH for checking and forwarding. As soon as the client's payment is received in the escrow account, the amount minus the service fee is transferred to the contractor on the same day.
Every contractor who wishes to provide a construction service in Germany and works together with another construction company here needs an exemption certificate. The German tax office requires this certificate as proof that the provider of the construction service, i.e. the contractor, really exists as a registered company. Otherwise, the tax office assumes that the contractor does not have a trade. Since companies without a trade do not pay taxes, the German tax office deducts a flat rate of 15% construction withholding tax from anyone who cannot produce the exemption certificate. However, the exemption certificate can also be submitted later and thus the construction withholding tax can be reclaimed. Those who do not have a generally valid exemption certificate can apply to the tax office for such a certificate using the contract they have concluded with the client. W&W Personaleinsatz GmbH will be happy to help with this.
As soon as a company has a registered trade in a European country other than Germany, the fitters employed require an A1 certificate to work in Germany. The A1 certificate serves as proof that they have health insurance. The A1 certificate should always be kept handy; in case of emergency, a German doctor or a German hospital will need the certificate to settle accounts with the social insurance fund in the fitters home country. It must be applied for in the respective home country at the responsible social authority. If the contractor needs support in this regard, GermanWorker sp.z o.o. is available to provide advice and assistance.
For the A1 certificate, a copy of the submitted application is also sufficient proof. This document is sufficient in the event of an inspection by German authorities at the construction site - for example by customs - to prove the correctness or legality of the work at the construction site.
If a contractor wants to know when he needs which certificates, such as those from SOKA-Bau, the Action Alliance will be happy to advise him free of charge.