Workforce arrangements affect cost, mobilisation and liability throughout the supply chain. We assess employment and posting issues alongside the construction contract and the actual working arrangements on site.
Check the people and the contractual structure
Employees, posted workers, agency workers and genuinely independent subcontractors raise different issues. Classification depends on the real arrangement, not only the label on an invoice. Temporary agency work in construction requires particular care.
Identify mandatory conditions and documentation
Review applicable minimum remuneration, binding collective arrangements, working time, social-security and notification obligations. SOKA-BAU coverage depends on the business and applicable rules; it should neither be assumed nor dismissed solely because an employer is based abroad.
Contracts should address the evidence required from subcontractors, responsibility for notifications and escalation where documents are missing. A contractual indemnity does not automatically remove statutory exposure.
Coordinate safety across employers
Where several employers operate on a site, the Construction Site Ordinance can require coordination arrangements. Appointing a coordinator does not by itself remove all responsibilities from the client or individual employers. Instructions must be understandable to the affected workforce.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
A posted installation team
A European supplier sends employees to Germany. Check the applicable working conditions and notification duties before arrival.
Nominal self-employment
Workers invoice individually but are directed like employees. Examine the actual integration and instruction structure.
Missing subcontractor records
The main contractor cannot obtain compliance documents. Use a documented escalation process and assess the legal consequences of continuing.
Several employers share a work area
Trades work simultaneously with conflicting hazards. Review the coordination plan and allocation of site-safety tasks.
Documents that help us assess your position
Subcontracts, workforce details, posting dates, employment or agency arrangements, compliance records and the safety coordination documents.
Discuss your project or dispute
Tell us where the project is located, who is involved and whether a deadline is approaching. We can then clarify the scope of the proposed engagement and the next steps.
Related construction law services
Legal framework & further reading
Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.