German client wants me 'full time but as a freelancer' through my SRL for 2 years. Is the risk only theirs, or also mine?
We have a saying here: the cheap thing comes out expensive. I want to check before I sign something cheap. Context: I am a Java/Spring developer in Cluj and I invoice through my own SRL. A client in Munich wants me for minimum 2 years, 40 hours a week, their Jira, their laptop, their standups, their working hours. Basically an employee, but on invoice. Their lawyer mentioned "Scheinselbstständigkeit" and now they…
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Not a lawyer, but we went through this on the client side in Berlin, so honestly this is what I know. 1. Most of the risk is on the client. If the German pension insurance (Deutsche Rentenversicherung) decides you were really an employee, the client owes the social contributions retroactively, for years. That is why their lawyer is nervous and wants the statement. The statement alone protects nobody. What counts is how the work actually looks: their laptop, their hours, their standups, no other clients. That looks like employment. 2. Romania matters a lot. If you are insured in Romania, ask for an A1 certificate from the Romanian authority. It states which country's social security applies to you, and with a valid A1 the German side generally cannot claim you. Ask your lawyer about the A1 first, it changes the whole conversation. 3. For you personally the risk is smaller but not zero: tax questions in Romania if the SRL looks like a disguised salary, and the contract can end overnight if their lawyer gets scared. Practical: use your own laptop, invoice monthly or per deliverable, keep the right to work for others, and try to find a second small client. Everybody sleeps better 😅