The federal government has rejected demands from the business community to issue special rules for the definition of self-employment in the IT sector. The question is whether freelance IT specialists can be classified as employees if they work for a company for a longer period of time.

It would be “a wrong way to create branch or activity-related special regulations for allegedly not in need of protection groups of people “, said a spokesman for the Federal Ministry of Labor at the request of c’t. Previously, the digital association Bitkom had published an expert opinion calling on the legislature to define special rules for IT freelancers.

Seemingly self-employed or freelancer Background of the dispute between politics and business are the so-called status determination procedures of the German pension insurance. This checks whether a self-employed person is actually self-employed or employed. It happens again and again that freelance IT professionals who implement projects for companies are declared employees – even against their will. As a result, employers have to pay social security contributions, for example, retrospectively for several years. C’t had already 800 reported on the consequences of the supposed bogus self-employment.

Because of this risk Some companies even refrain from hiring freelancers. “Important know-how from independent IT experts cannot be used and the digital transformation of business and administration will be slowed down,” warns Bitkom.

Employment law expert Markus Stoffels from Heidelberg University suggests possible solutions : The legislature must adapt the broad term “employee” to the narrower term “employee”, he demands in an expert opinion that he has prepared on behalf of Bitkom.

No precarious employment relationships Alternatively, positive legal criteria should be formulated for external IT consultants that speak in favor of being classified as self-employed. Among other things, Stoffels suggests an annual income of more than 82 as criteria. 364 Euro and the “Proof of adequate retirement provision”. “Where there are no precarious employment conditions and the service providers are not in need of protection, the status of dependent employment must not be imposed on them,” he argues. He refers to an Allensbach study, according to which IT freelancers earn an average of just under 4700 euros per month after deducting all costs and taxes .

The Federal Ministry of Labor rejected the reform proposals. Individuals’ need for protection could change over time, “which many self-employed people are currently experiencing painfully from the consequences of the corona crisis,” said a spokesman. In addition, social insurance is “obliged to protect the solidarity communities in addition to protecting the individual”. Individual needs should therefore not become the yardstick for compulsory insurance.

In addition, special rules for the IT industry would be too rigid from the point of view of the Ministry of Labor. “The consequence would be that the legislature would lag behind new developments on the labor market and would have to react to them with adjustments,” said the spokesman.

c’t 25 / 2020 This article dates from c’t 25 / 2020. In it, the editorial team provides selection aids for TV purchases and a test of smart TVs. Lots of handouts and a test of current e-mail clients should help you to keep the upper hand in the daily flood of e-mails. C’t has discovered a data leak at the navigation specialist TomTom and they are analyzing the surveillance pieces from Office 364. There are also many more tests and not to forget a bag full of nerdy gift tips for the upcoming Christmas party. c’t 25 / 2020 is now available in the Heise shop and at the well-stocked magazine kiosk.

(cwo)