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Status determination procedure: definition

The status determination procedure brings legal certainty on the question „self-employed or employed". This entry explains the process, the purpose and the benefit.

Key facts
  • A procedure of the German pension insurance under § 7a SGB IV.
  • Settles bindingly whether someone is self-employed or in dependent employment.
  • Prevents false self-employment and back payments of contributions.
  • Can be initiated by the client or the contractor.

Definition and classification

The status determination procedure is the procedure of the German pension insurance under § 7a SGB IVby which it is settled bindingly whether an activity is carried out as self-employment or dependent employment. It prevents False self-employment .

How does the procedure work?

The parties submit details of how the activity is actually organized. The German pension insurance assesses features such as being bound by instructions, integration and entrepreneurial risk, and determines the social security status bindingly. That creates clarity before an unclear engagement turns into expensive back payments.

Frequently asked questions

When should you start a status determination procedure?

Whenever it is unclear whether an engagement counts as self-employment – ideally before the work begins.

Is the result legally binding?

Yes. The determination by the German pension insurance is binding and creates legal certainty for both sides.

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