Are freelancers considered as employees

Freelancer: The "free" employee - Part 1

The freelance or freelance employee, particularly in the IT industry, is someone who carries out orders or supervises projects for a company without being integrated into the company. The e-lancer who works in a virtual team is also such a freelancer. But what is the difference between a freelancer and a permanent employee? Is the freelancer a freelancer or a trader? How do you recognize the bogus self-employed and from what project duration and dependency does the outdoors become a "permanent" freelancer? It is precisely these delimitations that apply to both the client and the freelancer in everyday business, in order to be prepared for the different obligations of the parties, but also to recognize individual privileges.


Freelance workers are often highly qualified and specialized in certain tasks (e.g. as programmers, journalists, editors, musicians, architects, lecturers, lawyers). A characteristic of a freelance employee is his personal independence, as he is essentially free in the structuring of his working conditions and is not directly subject to the instructions of the client or an employer in terms of time, location or technical aspects. Nor is it usually integrated into the organizational structure of a company.


A freelancer can work as an employee in another company, while freelance work for a second company is carried out on a part-time basis. He can be a freelancer or a trader. In the media sector in particular, employees are often incorrectly referred to as freelancers; here it may be necessary to uncover bogus self-employment because of the applicable employee protection regulations.

Differentiation of the freelancer from the trader


The term “freelancer” is often equated with the term “freelancer” in everyday business life. If you take it exactly, however, this is wrong. Most freelancers are freelancers, but only a small proportion of freelancers practice a freelance profession and are therefore actually freelancers. Only the “real” freelancer is privileged because of this status by the German legislature. There are currently around 1 million freelancers in the Federal Republic of Germany.


A freelance occupation is exercised by someone who pursues an independent scientific, artistic, literary, teaching or educational or (very) similar activity. Freelancers work on the basis of special professional qualifications or creative talent and provide personal, responsible and professionally independent services of a higher kind in the interest of the client and the general public (see box § 1 (2) PartGG). A university degree is often required in order to even be able to achieve this status. Designers who are predominantly artistic are also considered freelancers.


Contact: [email protected]
Status: July 1st, 2008


We would be happy to advise you personally, by phone or email. You are welcome to e-mail, fax or post us your request including the relevant documents without obligation as a PDF. We look through them and then get in touch with you to make you a non-binding offer for a mandate. A mandate only comes into being with a written mandate.
We ask for your understanding: We cannot provide legal advice free of charge.


We ask for your understanding that we cannot provide legal advice free of charge.