JOERG24
2009-02-27 11:39:30
- #1
I just had a phone call with BG Bau because the paragraph regarding the exclusion due to voluntary service confused me.
Overall, a very pleasant and friendly conversation. First with the lady from the hotline – then with her supervisor. They are striving for a solution.
It is about being sure that all helpers on the construction site are reasonably insured. For more and not less – not about contributions or anything else. Just a statement on whether a private additional insurance is necessary because it is unclear whether the insurance through BG Bau applies.
However, they did not want to commit to a precise definition of the term "Gefälligkeitsleistung" so far. There is no clear definition from case law. It was assured so far that the term Gefälligkeitsleistung is primarily supposed to apply only to relatives. A confirmation of this is still pending. But they could not explain to me why the quick help of a neighbor should not be considered a Gefälligkeitsleistung. BG Bau also apparently finds the uncertainty visibly uncomfortable. I can understand that – after all, this concerns a legally mandated reporting of helpers’ working hours. Contributions have to be paid for this (provided it is over 40 hours in total). For this, the helpers are initially insured through BG Bau. However, in case of a claim, the insurance coverage may be excluded. Namely, if it is a Gefälligkeitsleistung. No problem – if one could clearly differentiate that. But that is exactly not possible. In case of doubt, only a court can decide what applies – but only in case of damage. It is quite similar to the paragraphs regarding force majeure.
According to my interpretation, insurance coverage is therefore not necessarily provided through BG Bau. It is therefore advisable to take out additional private insurance for helpers on the construction site and to pay close attention to the conditions.
Since the courts often define Gefälligkeitsleistungen as:
"A Gefälligkeitsverhältnis is often present when a person provides a service or makes something available for the benefit of another without receiving payment or other compensation." one should possibly conclude contracts with one’s construction helpers (including relatives) that include consideration. Payments are only possible if one properly declares them for tax purposes – i.e., does not engage in undeclared work. (But this is just an idea of mine? – I do not know if this applies)
The question would now be whether someone can legally assess if this way one is no longer within the questionable "Gefälligkeit" because one has to provide consideration for the help.
As a precaution, I will take out private insurance – but of course that is a few euros again. Fortunately, with us at least, we do most of the work ourselves and hopefully accumulate only a few helper hours. Our little house is quite finished anyway.
Overall, a very pleasant and friendly conversation. First with the lady from the hotline – then with her supervisor. They are striving for a solution.
It is about being sure that all helpers on the construction site are reasonably insured. For more and not less – not about contributions or anything else. Just a statement on whether a private additional insurance is necessary because it is unclear whether the insurance through BG Bau applies.
However, they did not want to commit to a precise definition of the term "Gefälligkeitsleistung" so far. There is no clear definition from case law. It was assured so far that the term Gefälligkeitsleistung is primarily supposed to apply only to relatives. A confirmation of this is still pending. But they could not explain to me why the quick help of a neighbor should not be considered a Gefälligkeitsleistung. BG Bau also apparently finds the uncertainty visibly uncomfortable. I can understand that – after all, this concerns a legally mandated reporting of helpers’ working hours. Contributions have to be paid for this (provided it is over 40 hours in total). For this, the helpers are initially insured through BG Bau. However, in case of a claim, the insurance coverage may be excluded. Namely, if it is a Gefälligkeitsleistung. No problem – if one could clearly differentiate that. But that is exactly not possible. In case of doubt, only a court can decide what applies – but only in case of damage. It is quite similar to the paragraphs regarding force majeure.
According to my interpretation, insurance coverage is therefore not necessarily provided through BG Bau. It is therefore advisable to take out additional private insurance for helpers on the construction site and to pay close attention to the conditions.
Since the courts often define Gefälligkeitsleistungen as:
"A Gefälligkeitsverhältnis is often present when a person provides a service or makes something available for the benefit of another without receiving payment or other compensation." one should possibly conclude contracts with one’s construction helpers (including relatives) that include consideration. Payments are only possible if one properly declares them for tax purposes – i.e., does not engage in undeclared work. (But this is just an idea of mine? – I do not know if this applies)
The question would now be whether someone can legally assess if this way one is no longer within the questionable "Gefälligkeit" because one has to provide consideration for the help.
As a precaution, I will take out private insurance – but of course that is a few euros again. Fortunately, with us at least, we do most of the work ourselves and hopefully accumulate only a few helper hours. Our little house is quite finished anyway.