Work out what the dispute is actually about
German law separates employment under instructions from genuine self-employment. What gets established determines contributions, insurance cover and back payments for past years.
✓ Verified: 11/08/2026
WHAT TO DO
Deutsche Rentenversicherung (DRV)
Public bodyPension, account clarification and rehabilitation all run through the Deutsche Rentenversicherung — with in-person advice and online services (eService).
› Details and tips
Gather evidence of independence early: contracts with other clients, invoices, your own website, your own equipment. A year later such traces are much harder to reconstruct.
Do not look at the word freelancer in the contract, look at the calendar. If the client sets your hours and provides the workplace, that is exactly what the dispute will be about.
Useful Tools
- BMAS — Bundesministerium für Arbeit und Soziales legal-info
Federal Ministry of Labour: official guidance on employment law, leave and working time.
FREQUENTLY ASKED QUESTIONS
What counts as employment under the law? ▾
Employment is dependent work, above all within an employment relationship. The statute names two indicators: working under instructions and being integrated into the work organisation of the party giving them.
So the contract decides it? ▾
No. The decision rests on an overall appraisal of all circumstances of the individual case. What the contract is called matters less than how the relationship is actually carried out.
Who typically ends up in this procedure? ▾
Anyone working for a single client on the client premises and schedule: couriers, installers, IT specialists on long projects, teachers, locum staff in healthcare. Plus, as a separate group, relatives of the employer and managing shareholders of a GmbH.
Who pays if the status is reclassified? ▾
The total social insurance contribution is owed by the employer. The employee share can only be claimed by deduction from wages, and a missed deduction only caught up on the next three pay runs.
Is this the same as an employer audit? ▾
No. The audit under Section 28p SGB IV takes place at the employer, covers past years and all wages paid. This procedure concerns one contractual relationship and what it is in law.