Do you pay monthly contributions to the SOKA-Bau (social security fund of the construction industry) or do you pay social security contributions to a social security fund of another sector? Are you possibly required to do so? This article is intended to provide a brief insight into the possible courses of action.
Numerous court rulings show that SOKA-Bau often wrongly demands social security contributions from construction companies and that a large number of contributions to social security proceedings in the construction industry are therefore wrongly paid. Companies used by SOKA-Bau must pay 20.8% of gross wages retroactively up to three years. The following statements apply mutatis mutandis to other social security funds.
Contributions to SOKA-Bau: Why should action be taken in many cases?
Because SOKA-Bau is often wrong in its assessment of social security obligations, i.e. whether construction services are provided in accordance with the collective agreement. There are several reasons for this. On the one hand, the database on the basis of which SOKA-Bau makes its assessment is often inaccurate, as it does not carry out operational audits but obtains the data from third parties. On the other hand, the question of whether there is an obligation to participate in social security proceedings is often a question of individual case. This often requires an in-depth investigation of the specific activity, which is then legally assessed on the basis of case law.
Profound technical expertise is the key to being able to assess the legal situation. Since this is a specialized subject with major economic risks, this risk should preferably not be assessed by a non-specialist lawyer, a tax advisor or on the basis of personal Internet research. By strengthening our team accordingly, we can now also offer you this special advice.
Counseling can be used at many different stages. It is therefore possible that you have never heard of SOKA-Bau before, but could potentially be required to participate in the social security procedure due to the activities you carry out. In this case, preventive measures would be possible which could make an obligation to participate less likely.
You may also already be paying contributions to SOKA-bau.
If you have not yet been contacted by a social security fund, an examination is always a good idea if you work in the construction sector. The reason for this is that, in case of doubt, social security funds are entitled to collect contributions retroactively for three years. If this risk is not calculated, it means economic ruin for a large number of companies.
On the other hand, direct correspondence with SOKA-Bau is also required in many cases if you have made undue contributions or were wrongly asked to make a payment.
Requires SOKA construction: What you have to do now
We would be happy to check for you whether you are actually required to make contributions to a social security fund. We will prepare a free and non-binding initial assessment for you if you provide us with some brief information about your company using our tool. You can easily access this information on our website do. We will then get back to you after verifying the information.
If we come to the conclusion that you are paying contributions even though you would not actually have been obliged to do so, we could initiate appropriate extrajudicial and, if necessary, legal proceedings.
If you do not pay SOKA-Bau, any preventive measures may be necessary, which we can then plan together.
