Wegweiser Self-employed people · Rights & protection Deutsch

🕵️ Recognising and clarifying false self-employment

Not the contract title but the way you actually work together decides your status. The status determination procedure brings clarity.

In brief

Whether you count as self-employed or as dependently employed is decided not by the contract title such as “freelance staff member” or “fee-based worker”, but by the way you actually work together. If you are bound by instructions and integrated into a client's work organisation, there is employment under social insurance law – even if you have registered a trade business. This is called false self-employment (Scheinselbstständigkeit). The status determination procedure at Deutsche Rentenversicherung Bund provides clarity in advance.

Step by step

  1. Submit the applicationSubmit the application for a status determination using form V0027 to the clearing office of Deutsche Rentenversicherung Bund – the procedure is free of charge.
  2. Consider a forecast decisionSince 1 April 2022 it is optionally possible to apply for a forecast decision (Prognoseentscheidung) even before starting the activity (§ 7a para. 4a SGB IV).
  3. Wait for the overall assessmentThe clearing office checks on the basis of an overall assessment of all circumstances of the individual case and, where necessary, requests statements from both contracting parties.
  4. Receive the noticeDeutsche Rentenversicherung Bund determines “employment” or “self-employed activity”; objection and legal action against certain decisions have suspensive effect.
  5. If employment is determinedThe client becomes the employer retroactively and must pay social insurance contributions in arrears; if the application is made in time, the contribution obligation may only apply from the notice instead of retroactively.
  6. Report deviationsIf the actual activity deviates from a forecast decision, this must be reported to Deutsche Rentenversicherung within one month after starting the activity.

Deadlines

1 month
Duty to report deviations from a forecast decision after starting the activity; to avoid a retroactive contribution obligation, applying promptly after the start of the activity is also advisable§ 7a paras. 4a and 5 SGB IV (exact design of paragraph 5 not conclusively checked in full text)
limited until 30 June 2027
The new procedural instruments introduced in 2022 (forecast decision, group determination, right of application for third parties, oral hearing) are limited in time by law§ 7a SGB IV in the version applicable since 1 April 2022
30 years for intent, otherwise 4 years
Limitation of contribution claims where social insurance contributions are deliberately withheld§ 25 SGB IV (not conclusively verified against the statutory text)
Watch out – common mistakes
  • The misconception “several clients protect automatically” is wrong: each contractual relationship is assessed separately, and even with several clients one can be falsely self-employed in each individual relationship.
  • A trade registration or invoicing with VAT is hardly regarded as an indication by social courts – what matters is actual practice: instructions, fixed working hours and places, use of the client's equipment, lack of entrepreneurial risk.
  • Contract clauses that shift the risk of back payment to the contractor by contract are ineffective – the client remains the debtor of the social insurance contributions.
  • Skipping the voluntary status determination procedure because of time pressure can be expensive: a later audit can demand contributions retroactively for years, without the procedural advantages of the voluntary procedure.
  • If you have only one client, also check compulsory pension insurance under § 2 sentence 1 no. 9 SGB VI (employee-like self-employed people) – see the topic on retirement provision obligation.
In depth · legal basis, figures and practice – for advisers and professionals

Legal bases and criteria

§ 7 para. 1 SGB IV defines employment as dependent work, in particular in an employment relationship, with indications such as being bound by instructions and integration into the work organisation. The law contains no exhaustive catalogue of criteria; the case law of the Bundessozialgericht weighs, in the individual case, among other things being bound by instructions (time, place, content of the activity), organisational integration, entrepreneurial risk, free scheduling of time and own pricing and advertising as indications.

Status determination procedure § 7a SGB IV

Since the reform of 1 April 2022, § 7a SGB IV is titled “Determination of employment status”. The clearing office now decides only on employment status as a whole, no longer on compulsory insurance in the individual branches of social insurance. Newly introduced were the forecast decision before the start of the activity, the group determination for similar contractual relationships, a right of application also for third parties (such as platform operators) and the oral hearing as a procedural right.

Criminal consequences for the client

If false self-employment is established, the client is regarded as the employer retroactively. Deliberately withholding the employee and employer shares of social insurance is a criminal offence under § 266a StGB. Negligently misjudging the status can exclude criminal liability, but does not protect against the civil-law obligation to pay in arrears.

Employee-like self-employed people

Anyone who works permanently and essentially for only one client and employs no employee subject to social insurance is subject to compulsory pension insurance under § 2 sentence 1 no. 9 SGB VI. “Essentially” is often specified in practice with a threshold of five sixths of business income from one client – this threshold comes from secondary sources and is not contained verbatim in the statutory text. For more detail see the topic on retirement provision obligation.

Who is responsible
  • Deutsche Rentenversicherung Bund, clearing office (status determination procedure)
  • Pension insurance institutions in audits (§ 28p SGB IV)
  • Main customs office/Financial Control of Undeclared Work (Finanzkontrolle Schwarzarbeit) and public prosecutor's office in criminal investigations
  • Social courts (against notices of Deutsche Rentenversicherung), criminal courts (§ 266a StGB)

Quick questions

Worum geht es bei „Recognising and clarifying false self-employment“?
Not the contract title but the way you actually work together decides your status. The status determination procedure brings clarity.
Which deadlines and figures matter?
  • 1 month: Duty to report deviations from a forecast decision after starting the activity; to avoid a retroactive contribution obligation, applying promptly after the start of the activity is also advisable (§ 7a paras. 4a and 5 SGB IV (exact design of paragraph 5 not conclusively checked in full text))
  • limited until 30 June 2027: The new procedural instruments introduced in 2022 (forecast decision, group determination, right of application for third parties, oral hearing) are limited in time by law (§ 7a SGB IV in the version applicable since 1 April 2022)
  • 30 years for intent, otherwise 4 years: Limitation of contribution claims where social insurance contributions are deliberately withheld (§ 25 SGB IV (not conclusively verified against the statutory text))
What should I do first?
  • Submit the application: Submit the application for a status determination using form V0027 to the clearing office of Deutsche Rentenversicherung Bund – the procedure is free of charge.
  • Consider a forecast decision: Since 1 April 2022 it is optionally possible to apply for a forecast decision (Prognoseentscheidung) even before starting the activity (§ 7a para. 4a SGB IV).
  • Wait for the overall assessment: The clearing office checks on the basis of an overall assessment of all circumstances of the individual case and, where necessary, requests statements from both contracting parties.
What do I need to watch out for?
  • The misconception “several clients protect automatically” is wrong: each contractual relationship is assessed separately, and even with several clients one can be falsely self-employed in each individual relationship.
  • A trade registration or invoicing with VAT is hardly regarded as an indication by social courts – what matters is actual practice: instructions, fixed working hours and places, use of the client's equipment, lack of entrepreneurial risk.
  • Contract clauses that shift the risk of back payment to the contractor by contract are ineffective – the client remains the debtor of the social insurance contributions.
Evidence
  • § 7 SGB IV, gesetze-im-internet.de/sgb_4, retrieved September 2026.
  • § 7a SGB IV, gesetze-im-internet.de/sgb_4, retrieved September 2026.
  • § 266a StGB, gesetze-im-internet.de/stgb, wording also verified via a secondary source.
  • § 2 sentence 1 no. 9 SGB VI, Deutsche Rentenversicherung, encyclopedia entry “Selbständige mit nur einem Auftraggeber”, deutsche-rentenversicherung.de.
  • Bundesministerium fĂĽr Arbeit und Soziales (Federal Ministry of Labour and Social Affairs), procedure for determining employment status, bmas.de, as of 2026.
  • 5/6 threshold for specifying “essentially only one client” and limitation period under § 25 SGB IV – not conclusively verified against the statutory text, see Sources and methodology.
As of

As of: September 2026 · Sources and method

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