If you want to engage a foreign welding or assembly crew in Germany, there are essentially two legal models: a works contract (Werkvertrag) and temporary agency work (Arbeitnehmerüberlassung, ANÜ). The difference is not just formal — it determines who directs the work, who carries responsibility and what permits are required. Let us explain.
The works contract (Werkvertrag)
Under a works contract, the contractor takes on a defined result (for example carrying out welds or assembly) and directs its own crew. The workers remain under the contractor's management, and the contractor is responsible for the result. This is the usual model for subcontracted work with a contractor's own posted personnel.
Temporary agency work (Arbeitnehmerüberlassung)
Under temporary agency work (ANÜ), the contractor only »lends« the workers, while direction and supervision pass to the client. In Germany this requires a special licence (Erlaubnis zur Arbeitnehmerüberlassung under the AÜG law). Without it, this model is unlawful.
Why the difference matters
Misclassification is a risk. If something is meant to be a works contract but in practice the client directs the workers as its own, the authorities may treat it as disguised agency work — with consequences for both sides. That is why it is important that the model is clear from the start and correctly executed.
What it means when choosing a contractor
For subcontracted welding and assembly work, the usual and correct model is a works contract with the contractor's own posted personnel (A1).
At Save Consulting we work as a subcontractor under a works contract with our own certified crews, posted from the EU — with no need for an ANÜ licence and no administrative burden for you.