Self-employed, not agency work
For: Venues · Professionals
Sunworker arranges matches with self-employed professionals and does not lease anyone out: the professional sets their own hourly rate, decides on every request individually and receives no instructions from Sunworker.
At a glance
- What Sunworker is: an intermediary. Sunworker does not provide temporary agency work, does not place people in employment relationships and neither engages nor leases out professionals.
- What the professional is: self-employed. They act in their own name, for their own account and under their own responsibility.
- Why it matters: If a shift turns into disguised temporary agency work, the consequences hit the venue first.
What the professional decides
- They set their own hourly rate.
- They are free to accept or decline requests.
- They decide their own availability.
- They can work for any number of clients, including outside the platform.
- Declining or not replying affects neither their level nor their position in search.
Sunworker gives no instructions on the time, place or manner of the work.
What a client may specify
The client describes the work and agrees what is needed on site. How the professional carries out the work is their own decision. Beyond that, there are no instructions.
| Topic | Fine | Not fine |
|---|---|---|
| The work | describing the result: occasion, menu, number of guests, time frame | detailed instructions on how to do it |
| On site | naming the station, giving a briefing, pointing out hygiene, safety and house rules, arranging access | obligations to be present outside the shift |
| Time | setting the day, start and end of the shift | rotas covering weeks, approving holidays, integration into the venue's organisation |
| Requests | several shifts, as long as each one is requested and accepted individually | fixed rotas instead of individual requests, an obligation to accept |
| Hourly rate | The professional sets the hourly rate. | dictating the hourly rate or renegotiating it in the chat |
Working for the same venue more than once
Working for the same venue several times is normal and welcome – as long as each shift is requested and billed individually. Anyone who needs the same person regularly on a fixed rota needs a permanent position; that is not what Sunworker is for.
Separate when it comes to money, too
- The invoice for the shift goes from the professional to the client.
- The professional can instruct Sunworker to prepare the invoice in their name and for their account (invoice issued by a third party), or upload their own. The professional always remains the issuer. Invoice for the shift
- Sunworker only charges the commission (to the professional) or the service fee (to the venue).
- The professional pays their own taxes and social security contributions; Sunworker pays neither income tax nor social security contributions on their behalf.
What this means for venues
Arranging matches instead of agency work means for the venue: no maximum leasing period and no claim to equal pay as in agency work – but also no authority to give instructions beyond the shift.
Warning: The consequences of disguised temporary agency work hit the venue first: back payment of social security contributions for the entire period, a fine and an employment relationship arising by law.
Warning signs
- fixed rotas instead of individual requests
- instructions that go beyond the agreed work
- integration into the venue's organisation
- dictating the hourly rate
- the same person in the same role week after week
Sunworker spots such patterns through reports, unusual booking sequences or messages during a shift. A profile that works for only one venue over a long period is a warning sign that Sunworker looks into.
If a venue asks for more
- You don't have to follow instructions that go beyond what was agreed.
- Raise it with the venue in a factual way.
- Decline requests that amount to a rota.
- Report the behaviour: messages and profiles directly via “Report”, everything else – such as instructions on site – by emailing kontakt@sunworker.eu. Reporting violations – and what happens next
What happens next?
- After a report
- A person checks it. Nobody is blocked automatically just because of a report.
- If the suspicion of disguised agency work is confirmed
- The accounts involved are blocked and outstanding amounts are held until the matter is resolved – in the case of a serious breach, even without a prior warning.
- If you think a measure is wrong
- You can complain free of charge within 6 months; a person reviews it again. Account suspension and complaints
Who decides on status
Sunworker does not check whether an activity counts as self-employed under social security law. In individual cases, the German Pension Insurance (Deutsche Rentenversicherung) decides; a status determination procedure is possible. More in the FAQ.
Frequently asked questions
Can I work for the same venue more often?
Yes. That is normal and welcome, as long as each shift is requested, accepted and billed individually.
Can I also work outside Sunworker?
Yes, you can work for any number of clients and offer your services anywhere else. Only with a venue you met through Sunworker do you agree not to arrange shifts outside the platform for up to 12 months after your last contact. Contact and payment outside the platform
Does it hurt me if I decline requests?
No. Declining or not replying affects neither your level nor your position in search.
Can a venue dictate my hourly rate?
No. You set your hourly rate yourself. Dictating the hourly rate or renegotiating it in the chat is not fine.
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