Social insurance - having compulsory insurance determined (status determination)

You must submit a written application. You can obtain the relevant form from your pension insurance provider or you can download it from the Internet.

Only the parties involved can apply for a status determination. These are

• the client
• the contractor
• the employer and
• the employee.

The parties involved can apply for the procedure jointly or individually. They do not have to agree on the assessment of the gainful employment.

If the application is submitted by only one of the parties involved, the other party is automatically included in the administrative procedure.

You should answer the questions posed in the application in full and send the documents requested there at the same time. You must describe the activity and its circumstances in detail, especially if you have not concluded any written contracts.

Both parties will receive a binding decision on the status of the labour force in the form of a notification. If a dependent employment relationship subject to compulsory insurance is established, this results in compulsory insurance in all branches of social insurance. Under certain circumstances, this insurance obligation does not begin at the start of employment (possibly retroactively), but only at a later date.

The enquiry procedure at the clearing office does not apply if a health insurance fund has already carried out or initiated a procedure to determine the status of the employee, for example in connection with a decision on voluntary insurance, or if the status has already been checked by a pension insurance institution as part of a company audit.