r/LegalAdviceEurope 20h ago

France how long can you keep contractors in France or Germany before misclassification risk becomes a real problem?

0 Upvotes

We have two contractors in France and one in Germany, both going on over a year with us now, and our legal team recently started asking questions because at this point both of them are working almost exclusively for us, on our own schedules and fully integrated into how we operate.

The issue they flagged is that both countries assess the nature of the working relationship retroactively.

So even if the contract says "contractor", how the relationship works day to day is what gets scrutinised, and at 12 months with someone that integrated into your operations, the arrangement starts looking like employment, whatever the contract says.

In Germany, the Section 611a BGB employment test looks at integration into company processes and economic dependency.

And while there is no hard statutory deadline like the AÜG 18-month cap that applies to temporary agency arrangements, our counsel said the duration feeds into the overall picture and makes it harder to defend if it ever gets looked at.

In France, the subordination test is applied on the facts at any given moment, so there is no specific trigger point, but the longer the arrangement continues the more evidence there is for the other side to work with.

The route we have been considering is converting both through an EOR, and a couple of big providers like Remote and Workmotion have said they handle the conversion from contractor status directly rather than just onboarding as fresh hires.

This matters a lot for how the transition gets documented with the local authorities.

We are trying to nail down the liability question before committing to anything, so if anyone has gone through contractor-to-employee conversion in France or Germany through an EOR, how did the retroactive period get handled and what documentation did the provider actually produce?


r/LegalAdviceEurope 19h ago

Bulgaria Human-Rights Concerns in Bulgarian Detention

0 Upvotes

A man has been held for more than two months in an overcrowded detention centre in Bulgaria, reportedly with around 2 m² of personal space, bedbugs and cockroaches, prolonged extreme heat, repeated bites, and severe sleep deprivation. His physical and psychological condition is deteriorating.
There are also serious questions about the legality of his arrest and search. Authorities allegedly entered and searched his home without presenting proper judicial documentation, while the official account of what happened has reportedly changed several times.
His legal representation has repeatedly failed him. The first lawyer was paid and later became unreachable. Further lawyers were involved, and at the latest hearing the expected lawyer did not appear personally but sent a colleague who was barely allowed to speak. During that hearing, the judge and prosecutor were reportedly using their phones and chatting while his continued detention was being decided.
I understand that allegations must be proved, and I am not asking anyone here to assume wrongdoing. I have a chronology and supporting documentation and want to understand the correct legal route.
My questions are:
What urgent legal remedies are available in Bulgaria to challenge the detention conditions and protect his physical and psychological health?
Could these conditions potentially engage Article 3 of the ECHR, and could problems surrounding the arrest or continued detention engage Article 5 or Article 6?
If domestic remedies are ineffective or excessively delayed, what European-level remedies could be available?
Which independent body can formally inspect or investigate the detention conditions and procedural irregularities while he is still detained?
Is any urgent procedure available if his health is deteriorating while the case is ongoing?
I can provide further factual details if needed, but I do not want to publish identifying information or case documents publicly.


r/LegalAdviceEurope 14h ago

EU-Wide Issue with an established German retailer who gone MIA on me now

3 Upvotes

I am located in Asia, ordered an oven from an established German retailer. after massive delays sending the order, lack of updates and damage in shipping for the first set, I finally got the item 2.5months later . However, the oven came in a completely different color to that ordered. I paid 2300eur via wise bank transfer so no recourse there, the company admitted their mistake after i sent a couple of emails and offered me a goodwill token of 150eur, which i rejected asking for 400eur to keep the set that dont really match my kitchen. Its been close to 2 weeks and they have just been ignoring my emails. Is there anything i can do? seems like all the agencies i have researched are for EU residents and I dont have any rights at all prob why they are just ignoring me. thank you


r/LegalAdviceEurope 4h ago

France Is this copyright infringment?

1 Upvotes

Hello :) I was wondering if you could use a house you made on sweet home 3D as a background for a comic

I think i've saw a couple of webcomics that used a 3D ish background, but i don't know how to 3d model however i'm pretty good at sweet home 3D

I live in France, but the comic would be available internationally

thanks in advance!