Skip main menu

Reforms to the status determination procedure effective as of 01.04.2022

Determinations only on employment status

With the change in the law as of 01.04.2022, § 7a SGB IV has been reformed. One of the consequences of this is that the clearing office of the German statutory pension entity (hereinafter: “DRV Bund”) will only make determinations regarding employment status, i.e. whether dependent employment or self-employment exists. Determinations regarding the social security obligation, on the other hand, are no longer made. In order to continue to obtain legal certainty regarding the obligation to insure in the individual branches of social insurance, a separate procedure may have to be initiated before the collection agency. The parties required  to file an application for the status determination procedure are the respective contractual partners of the activity to be assessed (client/employer and contractor/employee). Under certain conditions, third parties are also granted their own right to file an application.

The other reforms in detail

The following changes have also been made:

The regulations on the forecast decision, oral hearing, group statements, and status determination in triangular constellations are limited in time until the end of June 30, 2027. Before the expiry of the time limit, a review will be carried out to determine whether the regulations will continue to apply beyond this date. The DRV Bund will submit a report on its experience by December 31, 2025. According to the legislator’s intentions, the reforms are intended to speed up the process and make it easier for the parties involved to achieve legal certainty and planning security.

Our recommendation

A status determination procedure should be initiated, if there is any uncertainty about the employment status. In this way, subsequent claims for social security contributions can be avoided if it later emerges in the course of a tax audit – without prior clarification of status – that the contractual relationship in question was based on dependent employment. If it is determined that you are self-employed, we recommend that you seek advice on the possibilities and benefits of setting up an occupational pension benefits pension plan or have this reviewed in order to use the funds that may be freed up by saving social security contributions for possible pension gaps.

Our service

If you have any questions, please contact us, we look forward to hearing from you.