The use of indirect workforce arrangements — service contracts, agency work and secondments — is widespread among companies that outsource activities or manage complex organisational structures. These arrangements offer flexibility but expose companies to significant risks: joint and several liability of the principal for the wage and social security claims of the contractor's employees, penalties for sham contracting or unlawful secondment, and claims for the constitution of an employment relationship with the end-user.
Our firm advises companies on the correct structuring and management of these arrangements, both at the contractual drafting stage and in the management of disputes.
Advice on drafting service and subcontracting agreements, verifying the genuineness of the contracting arrangement — the contractor's organisation of means and assumption of business risk — and managing the principal's joint and several liability for wages and contributions. We also handle disputes concerning the classification of the relationship between principal and contractor and inspections by the National Labour Inspectorate in relation to sham contracting.
Advice on the correct management of fixed-term and open-ended agency work arrangements, in compliance with the quantitative limits set by law and applicable collective agreements. We assist user companies in verifying the regularity of contracts with staffing agencies and in managing challenges relating to unlawful agency work.
Advice on verifying the conditions for a lawful secondment — the seconding employer's interest, temporary nature, and specificity of the activity — and on drafting secondment agreements between the seconding and receiving employers. We manage disputes relating to unlawful secondment and related inspections, including the social security aspects connected with the correct attribution of contributions.
