Assessment process

From working facts to a reasoned risk map

A transparent route through documents, daily practice and the indicators used to distinguish self-employment from dependent employment in Germany.

What the assessment examines

Classification is based on the overall circumstances. We organise evidence around recurring questions rather than assigning a mechanical score.

Instructions and personal dependence

Who determines what is done, when, where and how? Is the individual free to decline assignments, or expected to remain available? Detailed technical coordination is distinguished from an employer-like right to direct personal work.

Integration into the organisation

We look at reporting lines, internal titles, rosters, meetings, email addresses, approval routes, team responsibilities and whether the person fills an ordinary organisational role. Access required for security or project coordination is considered in context.

Entrepreneurial activity and risk

Relevant facts can include fee negotiation, responsibility for defects, investment, insurance, own premises, market presence, several clients and the opportunity to increase profit through organisation of the work. Invoicing alone does not establish independence.

Personal service and substitution

A contractual substitution clause is compared with practical ability to use qualified substitutes, responsibility for their work and any personal approval requirement.

The four-stage route

  1. Triage: We check whether the question concerns German employment status and whether conflicts or deadlines require immediate legal representation.
  2. Record: You complete a factual questionnaire and provide agreed documents. We ask for examples rather than conclusions.
  3. Test: During the consultation, we examine contradictions between the contract and day-to-day practice and identify unavailable evidence.
  4. Explain: The written review records indicators, context, assumptions, uncertainty and options for the next step.

When formal determination may be considered

The status determination procedure under section 7a SGB IV can provide a binding social-security classification in its scope. Timing, parties, evidence and consequences need careful consideration. Techworkgrid can help organise the factual record but does not represent clients in the procedure. A German lawyer or other appropriately authorised adviser should be engaged where legal strategy, appeals or disputed liabilities arise.

Frequently asked questions

Does a freelance contract prevent employee status?

No. Wording is relevant, but the actual performance of the relationship carries substantial weight. A well-drafted agreement cannot cure employer-like practice.

Is having only one client decisive?

No single-client relationship automatically resolves status, although client concentration may be relevant to entrepreneurial independence and can raise separate pension-insurance questions. Duration, market activity and the wider arrangement matter.

Can the parties simply choose the result?

They can choose how to organise genuine independent work, but cannot make a dependent relationship self-employed merely by naming it so. Practical changes must be real and consistent.

Will I receive a guaranteed classification?

No. Only the competent authorities or courts can make binding decisions within their remit. Our report is an independent assessment of the available facts and uncertainties.

Can both parties attend?

Yes, where interests are aligned and confidentiality is agreed. If a dispute has arisen, separate advice is usually more appropriate.

Ready to map one engagement?

Start with the role, contract duration, location and the concern that prompted your enquiry.

Request an assessment