That
employee
assignment law
Why does the Temporary Employment Act exist?
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Film and television productions are usually commissioned productions in which the orders are passed on from level to level in a tree structure.
Due to the irregular and usually unpredictable order situation, many companies need support in addition to their permanent core staff (full-time employees at all times). So they use the so-called free market to increase their own permanent staff. This is where the AÃœG comes into play.
AÜG
explanation and factors
of the free market
The Freie Markt is like an extensive address file that is processed methodically by dispatchers . The costs , the craftsmanship and ability and possibly also the social compatibility of the experts must be taken into account.
Added to this are factors such as:
• Who is a freelancer ?
• Who is allowed to issue invoices ?
• Who is subject to VAT ?
• Who is anyway
subject to pension insurance ?
• What happens to the employer's health insurance contributions?
These are questions that are primarily asked by the orderers , but can also be of interest to employees .
DER FREIE MARKT
(FACIOUS) SELF-EMPLOYMENT AND SOCIAL SECURITY
The current legal situation still leaves little or no clear boundaries for this gray area of the notorious "bogus self-employment" . Independence in terms of social insurance law (status determination procedure) presents many companies with an almost impossible task , since this has only been the responsibility of the clearing office of the federal pension insurance ( RV Bund ) since January 1st , 2000. This makes the entire billing modalities difficult and time-consuming.
The consequences of violating these social security regulations are :
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• Post- payment of social security contributions owed
• plus payment of late payment penalties
• Stricter observation of bills by the decision-making authority (ia RV Bund, AOK)
• criminal prosecution of those responsible (in particularly serious cases & also in the case of limited liability companies!)
The first point may still seem relatively harmless, but most companies are likely to perish here due to the immense amount of money that has been accumulated.
STATUSFESTSTELLUNGSVERFAHREN
Costs
and
complications
Short-term decisions e.g. on the part of those who place orders, there are further complications in connection with the "free market". These can present an entire planning team with tasks that cannot be solved in terms of time. In such a case, it is essential to recognize the essential tasks and forward them to internal departments . The less essential tasks can - often even more productively - by external institutions , so effectiveness is the keyword here.
In-house billing processes are usually very expensive due to the large number of different billing cases.
These costs are often hidden because they are not very transparent._cc781905-5cde -3194-bb3b-136bad5cf58d_
Due to the large number and complexity of the different levies , taxes and contributions , it is difficult to keep track of the real costs of a project.
Again and again, project managers know relatively insufficiently about their direct and indirect costs . This distorts the overall picture and leads to delayed detection of losses._cc781905-5cde -3194-bb3b-136bad5cf58d_
The rapid ups and downs in Programmgestaltung rarely allow reliable predictions about the runtime of an order. That is why personnel costs are always difficult to calculate .
"Dependent" employees , to which almost all those involved in a production belong (see above), acquire protection against dismissal under German law. Thus, an unexpected order cancellation affects more than just the reallocation of material costs. Claims of this kind are independent of the existence of a written employment contract .