Startup Instant Job Placement
January 9, 2010 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
please take a moment. Thank you.
Imagine the following scenario:
It's late at night. You get into your car parked in a quiet side street. One, two, three attempts to start the engine. Only a quiet roar of the engine that quickly fades away in the freezing night. You think to yourself: Damn! Not the battery again. You get out of your car and helplessly gaze into the empty night. What do you do in such a situation? You know that pushing the vehicle would be a promising solution. Asking someone in the surrounding houses? Impossible! It's already 11 pm. A friend couldn't come to help soon enough, and you actually want to avoid the costs of a towing service.
Now, imagine there was a nationwide network of people who enjoy helping others and would like to earn a little extra money. Well, all you have to do now is dial a toll-free number on your mobile phone, provide your location, and you will receive the contact details of available users in your area via the Instant Job internet portal as an SMS. Great! The first user is available until 11:30 pm and lives just around the corner. 10 minutes later, the car is running again and you have saved yourself some inconvenience.
I would like to establish a startup as a mediation agency and am facing issues regarding labor law, especially undeclared work, and liability/insurance issues. To what extent can I be held accountable for this? Am I liable in any way? Please note that I only act as a mediator and forward contact information. Thank you for your legal assessment.
Dear inquirer,
Thank you for your inquiry!
I would like to address your question considering the situation you have described as follows:
First of all, I would like to express that I find your business model very innovative and meaningful.
You should not have any problems with undeclared work as long as you handle the matter properly. There are several possibilities in this regard.
For example, you could hire employees permanently through an employment contract. This would probably not be worthwhile for such a business model and would be too inflexible.
Another option would be to work with freelancers on a commission basis. As long as you properly declare and pay taxes on the commissions/income you retain, I do not see any further issues regarding undeclared work.
You may not necessarily need insurance. If anything, a business liability insurance could be considered.
In the contracts with the employees/terms and conditions, you should make it clear that you are only acting as an intermediary and that the employees are primarily responsible for any damages they may cause during the execution of assignments.
I would be happy to assist you in creating a legally sound contract/terms and conditions. I would credit the amount paid here in the forum in full to you. If you are interested, please feel free to contact me at the email address provided below so that I can send you a non-binding offer.
Lastly, I would like to point out the following:
The legal advice I provide is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts.
Adding or omitting relevant information could lead to a completely different legal assessment.
I hope that my explanations have been helpful to you, even though I regret not being able to give you a more positive message. You are welcome to contact me through the follow-up option on this portal or via my email address.
I wish you a pleasant Saturday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
