Insights
HR & PAYROLL
New Rules for Freelance Workers
From 1 January 2026 new rules apply to freelance workers. These include legally prescribed notice periods and dates, the possibility of including freelance workers in collective agreements and a duty to issue extended employment letters.
The new rules apply exclusively to employee‑like freelance workers within the meaning of the General Social Insurance Act (Allgemeines Sozialversicherungsgesetz). Case law considers a freelance service contract to exist when a person agrees for remuneration to make their labour available to a client for a specific or indefinite period, without entering into personal dependence. A classic example is an IT specialist who commits to ongoing programming work on the client’s premises on a flexible schedule, but has no reporting obligations and no duty to attend company meetings. Furthermore, they may be represented by suitable persons.
Statutory notice provisions
One change concerns the statutory notice periods and dates. Until now these could be individually agreed in freelance contracts. Since the start of the year, statutory notice provisions apply to freelance relationships that commence after 31 December 2025. A freelance contract can therefore be terminated in the first two years only with a minimum notice period of four weeks. After the second year of service the period extends to six weeks. In the absence of an agreement more favourable to the freelance worker, termination may be on the 15th or at the end of the month. The first month of a freelance relationship may also be set as a trial month, during which the contract can be ended by either party at any time without giving reasons.
The new provisions generally affect only freelance relationships that start after 31 December 2025. They also apply to relationships that began earlier if those contracts do not contain expressly different notice provisions. If differing notice provisions are contained in such legacy contracts, they remain in force.
Inclusion in collective agreements
Another new element is inclusion in collective agreements. From 1 January 2026 it is possible to conclude collective agreements for employee‑like freelance workers as well. This could lead either to separate collective agreements for freelance workers or to their explicit inclusion in existing collective agreements. However, there is no obligation to do so. Works council agreements, the Working Hours Act and the Holiday Act continue to generally not apply to freelance workers.
A change also affects the duty to provide an employment letter. Even before the amendment, employers were required to issue an employment letter to freelance workers. The letter must now contain additional information, such as the applicable collective agreement, the relevant bylaws or the minimum wage tariff, and a note on where these regulations can be viewed in the workplace.
Note: The new rules may require adjustments. We recommend reviewing existing freelance relationships, clearly regulating notice periods and dates as well as a possible trial month in new contracts, and adapting employment letters to the new requirements.
Statutory notice provisions
One change concerns the statutory notice periods and dates. Until now these could be individually agreed in freelance contracts. Since the start of the year, statutory notice provisions apply to freelance relationships that commence after 31 December 2025. A freelance contract can therefore be terminated in the first two years only with a minimum notice period of four weeks. After the second year of service the period extends to six weeks. In the absence of an agreement more favourable to the freelance worker, termination may be on the 15th or at the end of the month. The first month of a freelance relationship may also be set as a trial month, during which the contract can be ended by either party at any time without giving reasons.
The new provisions generally affect only freelance relationships that start after 31 December 2025. They also apply to relationships that began earlier if those contracts do not contain expressly different notice provisions. If differing notice provisions are contained in such legacy contracts, they remain in force.
Inclusion in collective agreements
Another new element is inclusion in collective agreements. From 1 January 2026 it is possible to conclude collective agreements for employee‑like freelance workers as well. This could lead either to separate collective agreements for freelance workers or to their explicit inclusion in existing collective agreements. However, there is no obligation to do so. Works council agreements, the Working Hours Act and the Holiday Act continue to generally not apply to freelance workers.
A change also affects the duty to provide an employment letter. Even before the amendment, employers were required to issue an employment letter to freelance workers. The letter must now contain additional information, such as the applicable collective agreement, the relevant bylaws or the minimum wage tariff, and a note on where these regulations can be viewed in the workplace.
Note: The new rules may require adjustments. We recommend reviewing existing freelance relationships, clearly regulating notice periods and dates as well as a possible trial month in new contracts, and adapting employment letters to the new requirements.