Contract for work

A contract for work and services is an agreement that stipulates that a person or company is obliged to provide a specific work or service. It receives remuneration in return. In German law, the contract for work and services is governed by the German Civil Code (BGB). The contractor undertakes to deliver a specific work result, such as the renovation of a house, the creation of a website or the repair of a car. In contrast to the service contract, where the focus is on the labor, the contract for work focuses on the specific work result.

Features of a contract for work and services

A contract for work and services has specific characteristics. On the one hand, the contractor must personally perform the work or at least transfer responsibility for the performance to subcontractors. Furthermore, the contractor must produce a specific work result in accordance with the contract for work and services. The contract also specifies the remuneration for the work performed. The contract for work and services often also stipulates liability for defects and a deadline for completion of the work.

What are the differences between a contract for work and a contract for services?

The main difference between a contract for work and a contract for services is the type of service to be provided. A contract for work and services involves the production of a specific work result, whereas a contract for services focuses on the performance of work. The focus of a contract for work and services is on the result, whereas a contract for services is about the activity itself. Advice from a lawyer is an example of a service contract, while the repair of a piece of furniture is typical of a contract for work and services.

The legal status in the EU and Switzerland 

There are different regulations on contracts for work and services depending on the country. Within the European Union, there are directives that define minimum standards for contracts for work and services. These are intended to ensure that employees are adequately protected and receive fair working conditions. The Swiss Code of Obligations (OR) regulates, among other things, the provisions on contracts for work. Similar principles apply as in German law, but with the specific characteristics of the respective country.