Entering into a contract for work or services
Contract for work vs. contract for services: When is each type appropriate? The key factor is what the client intends to obtain from the contractor.In a contract for work, the contractor is required to deliver the customer a specific result, namely the creation of the agreed deliverable, in return for payment of a fee. In a service contract, on the other hand, the contractor does not owe a complete work, but only has to perform the agreed service under the agreed conditions. The service provider is required to perform the agreed services in accordance with the contract.
A service contract may only be used in well-justified exceptional cases, particularly in the following areas:
- Teaching services and language courses offered by the Language Centre (outside of a teaching assignment and academic continuing education)
- Workshops in specific individual cases, subject to legal review.
In the case of service contracts, a case-by-case review by Department VII E is always carried out, as services are generally expected to be provided within an employment relationship and must be legally differentiated from them. For this reason, the awarding of service contracts at the Technical University of Darmstadt must be used with great restraint.
Concluding a contract for work/service – what are the basic considerations?
Content:
- The activity must not correspond to typical employee duties
- The service must be described in detail (including time and place)
- The contractor is self-employed and performs the work independently
- No integration into the university’s operational structures/processes
- No dependence on instructions
- No economic or social dependence
- No circumvention of labour or university law requirements, in particular those relating to fixed-term contracts
Formally:
- Complete the form for entering into a contract for work or services – Please always use the latest version linked here.
- All documents must be submitted to Department VII E at least four weeks before the work begins.
- Please note the purchasing guidelines of TU Darmstadt.
- The form must be signed by the head of the research project/budget manager.
- If the review is positive, the contract is signed and returned to the head of the research project/budget manager for countersignature and forwarding to the contractor for countersignature.
- Please ensure that the contractor does not sign the contract before the university management has signed it.
Contracts for DFG Mercator Fellows and TU Darmstadt Research Fellows are issued by Department VI.
Additional specific features of the contract for work:
- Clearly defined deliverable (generally a one-off service)
- Scope and time of acceptance are agreed in advance
- For extensive orders: define partial deliverables that trigger staged payments upon acceptance
- A written contract for work is required for orders with a value of €500 or more
Additional special features of service contracts:
Service contracts are only entered into at TU Darmstadt in exceptional cases.The conclusion of a service contract always requires a separate justification for each individual case.
If you have any questions or difficulties in distinguishing between the two, please do not hesitate to contact us: ina.gaertner@tu-… (Tel.: 06151/16-26453).
Important note!
Only the ‘Information on the conclusion of a contract for work and services’ section of the contract form needs to be completed.
The data fields are automatically updated when printing or in the page view.
If guests stay at TU Darmstadt as part of a research visit, the department is advised to enter into a guest agreement with the guest.
- The guest agreement provides legal protection for TU Darmstadt with regard to the following aspects:Status: clarification that no employment relationship exists (within or outside a collective agreement), requirement for a valid visa, and designation of an internal contact person.
- Guests are generally not covered by university insurance (e.g., health insurance, statutory accident insurance / UKH)
- Accident prevention, safety measures and liability
- Confidentiality
- Data protection
Guest agreements may generally be signed by the deans of the departments. It is mandatory to use the current form, which is available in German and English on the website of Department VIIE:
Guest Agreement (opens in a new tab) (opens in new tab)
Please always use the current version from the website and avoid storing local copies, as the form is checked at regular intervals and updated as necessary.
It is advisable for the sending institution (the institution where the guest carries out their main activity) to co-sign the agreement, although this is not always possible. For the agreement to be valid, it must be signed by both the dean of the relevant department at TU Darmstadt and the guest.
Please also note:
The guest agreement has no effect on residence permit procedures and must not be confused with a hosting agreement. It serves solely to provide legal protection for the university or the department. If a hosting agreement is required to obtain a residence permit, please contact the Welcome Centre in Department VIII – International Affairs.
As a university of the State of Hesse, TU Darmstadt is subject to the self-insurance principle set out in Section 34 of the Hesse State Budget Regulations (LHO). As a result, the university does not have liability insurance. In addition to the university itself, the State of Hesse bears unlimited liability for TU Darmstadt’s obligations.
if and to the extent that these obligations cannot be met from the university’s own assets (guarantee pursuant toSection 2 (2) of the TU Darmstadt Act).
Contents to follow shortly
As a university of the State of Hesse, TU Darmstadt is a public-law institution (legal entity under public law). It is subject to the State Budget Regulations of Hesse (Landeshaushaltsordnung, LHO) and to the self-insurance principle set out in § 34 LHO.
Accordingly, the university does not take out any insurance, including liability insurance, for any type of damage.
In addition to the university itself, the State of Hesse bears unlimited liability for TU Darmstadt’s obligations if and to the extent that the university’s own assets are insufficient to meet such obligations(guarantee pursuant to Section 2 (2) of the TU Darmstadt Act).
Entering into a contract for work or services
Contract for work vs. contract for services: When is each type appropriate? The key factor is what the client intends to obtain from the contractor.In a contract for work, the contractor is required to deliver the customer a specific result, namely the creation of the agreed deliverable, in return for payment of a fee. In a service contract, on the other hand, the contractor does not owe a complete work, but only has to perform the agreed service under the agreed conditions. The service provider is required to perform the agreed services in accordance with the contract.
A service contract may only be used in well-justified exceptional cases, particularly in the following areas:
- Teaching services and language courses offered by the Language Centre (outside of a teaching assignment and academic continuing education)
- Workshops in specific individual cases, subject to legal review.
In the case of service contracts, a case-by-case review by Department VII E is always carried out, as services are generally expected to be provided within an employment relationship and must be legally differentiated from them. For this reason, the awarding of service contracts at the Technical University of Darmstadt must be used with great restraint.
Concluding a contract for work/service – what are the basic considerations?
Content:
- The activity must not correspond to typical employee duties
- The service must be described in detail (including time and place)
- The contractor is self-employed and performs the work independently
- No integration into the university’s operational structures/processes
- No dependence on instructions
- No economic or social dependence
- No circumvention of labour or university law requirements, in particular those relating to fixed-term contracts
Formally:
- Complete the form for entering into a contract for work or services – Please always use the latest version linked here.
- All documents must be submitted to Department VII E at least four weeks before the work begins.
- Please note the purchasing guidelines of TU Darmstadt.
- The form must be signed by the head of the research project/budget manager.
- If the review is positive, the contract is signed and returned to the head of the research project/budget manager for countersignature and forwarding to the contractor for countersignature.
- Please ensure that the contractor does not sign the contract before the university management has signed it.
Contracts for DFG Mercator Fellows and TU Darmstadt Research Fellows are issued by Department VI.
Additional specific features of the contract for work:
- Clearly defined deliverable (generally a one-off service)
- Scope and time of acceptance are agreed in advance
- For extensive orders: define partial deliverables that trigger staged payments upon acceptance
- A written contract for work is required for orders with a value of €500 or more
Additional special features of service contracts:
Service contracts are only entered into at TU Darmstadt in exceptional cases.The conclusion of a service contract always requires a separate justification for each individual case.
If you have any questions or difficulties in distinguishing between the two, please do not hesitate to contact us: ina.gaertner@tu-… (Tel.: 06151/16-26453).
Important note!
Only the ‘Information on the conclusion of a contract for work and services’ section of the contract form needs to be completed.
The data fields are automatically updated when printing or in the page view.