Risk assessment of a covert employee leasing arrangement
The transfer of employees to third parties without a corresponding permit is prohibited and will result in administrative offenses and criminal proceedings. Even if a permit exists, the assignment must be made openly, i.e. it must be designated as such in the contract. Frequently, non-profit organizations and associations are not even aware that a service contract they have concluded or intend to conclude may be illegal.
How we help you
We help you to avoid the risk of covert and thus prohibited employee leasing. We start with the drafting of the contract and also keep an eye on the actual handling in practice, which is ultimately decisive for the assessment. In the event of a tax audit, we provide you with competent and active support and serve as a negotiating partner for the auditing authorities. We represent the acting bodies in the investigation proceedings and minimize the risk of a sensitive fine. Due to our experience and expertise, we are often able to obtain a discontinuation of the proceedings.