Scheinselbstständigkeit, literally translated as “bogus self-employment,” is a term used in German labor law.
What is “Scheinselbstständigkeit”?
Scheinselbstständigkeit refers to a situation where an individual is formally classified as self-employed but is, in fact, working under conditions similar to an employee. This classification has implications for social security contributions and employment rights in Germany. It is a significant issue for freelancers and contractors in Berlin, as it can lead to legal and financial consequences if not properly addressed[1][3][5][6].
More information about “Scheinselbstständigkeit”
The term is not explicitly defined in German statutory law, but it generally applies to workers who are economically dependent on a single employer and lack the autonomy typical of genuine self-employment. The distinction between genuine self-employment and Scheinselbstständigkeit is crucial for determining social security obligations and protection under labor laws[5][7].
Related to “Scheinselbstständigkeit”
Here are some additional terms that are related to Scheinselbstständigkeit:
- Statusfeststellungsverfahren: A formal procedure to determine the employment status of a worker[4].
- Sozialversicherungspflicht: The obligation to pay social security contributions, which applies to employees but not to genuine self-employed individuals[5].
- Arbeitnehmerähnliche Selbstständige: Self-employed individuals who are similar to employees due to their working conditions and economic dependence[5].
Scheinselbstständigkeit is a complex issue that requires careful consideration of the working relationship and the terms of engagement to ensure compliance with German labor and social security laws.