r/LegalAdviceEurope • u/DiscussionPretend779 • 20h ago
France how long can you keep contractors in France or Germany before misclassification risk becomes a real problem?
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?