Work

Contract for work or agency work?

Understand the difference – and who may give you instructions.

Sometimes you work at a company but are not employed there. Then it matters whether it is a contract for work (Werkvertrag) or agency work.

The essentials

  • What matters is not what the contract is called, but how the work is actually done.
  • If the customer gives you daily instructions although it is supposed to be a contract for work, it may really be agency work. Advice centres or courts check this.

Contract for work (Werkvertrag)

  • Your company owes the customer a finished result.
  • You only get instructions from your own company.
  • Your company organises the work itself.

Agency work (Zeitarbeit)

  • Your company lends out your labour.
  • In daily work, the client company gives you instructions.
  • The rules for agency work apply, for example the maximum duration.

MeaNext explains general rules about work in Germany. This information does not replace individual legal advice. In a specific case, your employment contract, collective agreement, works agreement and personal circumstances can be decisive.

Last expert review: 09/10/2026

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