Avoiding false self-employment
False self-employment means presenting yourself as self-employed while actually working as if in a job; via Sunworker you avoid this by keeping every shift individual, freely agreed and free of instructions.
The assessment in an individual case is made not by Sunworker but by the German Pension Insurance. Some features clearly point to self-employed work — and Sunworker is built so that they are preserved. Responsibility for a shift that is really a job falls first on the venue — but it is worth knowing the boundary for your own sake too.
What points to self-employment
- You set your hourly rate yourself.
- You decide on each request individually and may decline.
- You work for several clients. You decide for whom and how often.
- You present yourself on the market: with your own profile, your own logo on the invoice and your own insurance.
Warning signs
- fixed rotas instead of individual requests
- instructions going beyond the agreed service, for example about the detailed workflow
- being integrated like a permanent worker — holiday approvals or attendance duties outside the shift
- requirements about your hourly rate or renegotiation in the chat
If Sunworker notices patterns of disguised labour leasing, the accounts involved are suspended and outstanding amounts are held until the matter is resolved.
If a venue asks for more
You do not have to follow instructions that go beyond the agreed result. Speak to the venue calmly, decline requests that amount to a rota, and report behaviour that is not acceptable. Booking the same professional several times is expressly welcome — but every shift is requested, accepted and billed individually.
If you want your status clarified with binding effect, you can apply to the German Pension Insurance for a status determination procedure.
Before your first shift with a venue, you can jointly apply for a forecast decision (section 7a(4a) SGB IV): the clearing office of the German Pension Insurance then determines in advance, with binding effect, whether the planned work is self-employed. A written contract is required. Sunworker does not check or decide anything in this.
If the same venue books you on many days in a month, Sunworker shows you both a calm note on the shift about status determination. It is not a block and not a rating, just a prompt to have your status clarified if needed.
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