
Do I work for a large delivery service company, a subcontractor, a restaurant, or a WhatsApp number? Am I self-employed? What does that mean for my employment rights?
Many riders don't know exactly who they are working for. However, this can be crucial in terms of applicable labor laws, protection against termination, and wage claims.
Here you will find important information and contacts for advice centers that can help you!
All of the advice centers listed here treat your information strictly confidential and do not pass it on to authorities (such as the immigration office)!
I work for a delivery service company.
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1. I am permanently employed by a delivery service company.
Are you permanently employed by a delivery service company?
This means that you have an employment contract that regulates your working hours, your salary, your vacation entitlement, and other working conditions.
- This means that you have an employment contract that regulates your working hours, your salary, your vacation entitlement, and other working conditions.
- If you are permanently employed, you are covered by social security. This means that your employer pays contributions to health insurance, accident insurance, pension insurance, unemployment insurance, and long-term care insurance.
- You are entitled to continued payment of wages in the event of illness. If you are sick and present a doctor's note, you will usually continue to receive your salary from your employer for six weeks. After that, your health insurance company will take over the payment of sick pay (70% of your gross earnings).
- Your vacation entitlement is also regulated by law: if you work full-time (5-day week), you are entitled to at least 20 days of vacation per year.
- You will be paid at least minimum wage.
- Breaks and rest periods are mandatory and must be observed. This is regulated by the Working Hours Act/Arbeitszeitgesetz.
- In many cases, your employer is obliged to provide you with the necessary equipment, such as clothing, a backpack, or a bicycle.
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2. I am employed as a working student at a delivery service company.
Do you work as a working student for a delivery service company?
- As a working student, you are generally allowed to work a maximum of 20 hours per week during the semester (20-hour rule).
- If you work more than 20 hours per week on a permanent basis during the semester, you will lose your working student status – and then you will have to pay full social security contributions.
- This applies to regular working hours. If you work more than 20 hours in a week on occasion, this is usually not a problem.
- You can work more during the semester break. This also applies if you mainly work on weekends or in the evenings, as you are not studying at these times.
- You are only allowed to work more than 20 hours per week for a maximum of 26 weeks within a year.
- If you are not employed in a mini-job, your employer pays pension insurance.
- As a working student, you are entitled to your wages in the event of illness, just like permanent employees.
- Working students are also entitled to paid vacation. Your vacation entitlement is based on your working days.
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3. I work in a mini-job for a delivery service company.
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4. I work with a trade license/as a solo self-employed person for a delivery service company.
Do you work with a trade license or as a solo self-employed person for a delivery service company?
- This means that the rules for solo self-employed persons apply to you.
I work for a subcontractor/WhatsApp number
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5. I am permanently employed by a subcontractor.
Are you permanently employed by a subcontractor?
- Then you are generally entitled to the same rights as all permanently employed delivery riders.
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6. I work with a trade license/as a solo self-employed person for a subcontractor.
Do you work with a trade license or as a solo self-employed person for a subcontractor?
- This means that the rules for solo self-employed persons apply to you.
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7. I work for a WhatsApp number.
Do you work for a WhatsApp number?
- You probably don't have a written employment contract, right?
- However, a verbal employment contract is just as legally valid as a written one. Furthermore, the absence of a written employment contract does not mean that you have no rights as an employee. All labor rights apply even without a signed contract (more on this: 3. I have a verbal employment contract).
- However, it is reasonable to assume that you are not registered. This means that you are working without documentation.
Are you paid in cash?
- If you work without an employment contract and are paid in cash, this is generally permitted (see 10. I don't have an employment contract and am paid in cash).
- However, it can also be an indication of undocumented work.
- If you are unsure, check whether your employer has registered you with social security and pension insurance (pay slip, ask your employer or call your health insurance company or the German Pension Insurance to find out whether you are registered there).
No pay?
- If you are working and not receiving any pay, your employer is violating the Minimum Wage Act! The Financial Control Unit for Illegal Employment (FKS) at Customs is responsible for punishing minimum wage violations. You can also report the violation there. (For more information, see 11. I am not receiving any pay).
- Contact your union or a suitable advice center, such as the Berlin Advice Center for Migration and Good Work (BEMA).
All of the advice centers listed here will treat your information as strictly confidential and will not pass it on to any authorities (such as the immigration office)!
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8. I am likely working without documentation.
I am not registered for my work:
- If you are working without documentation, you still have rights. You are entitled to insurance benefits (e.g., health insurance or insurance in the event of an accident at work), even if social security contributions have not been paid.
- However, the difficulty lies in proving your employment relationship!
Therefore: Document your employment relationship!
- Document your communication with your client!
- Take screenshots and screen recordings of messages, emails, work orders, your account, etc.
- For example, turn on screen recording, open your work app, go to the displays showing when you worked, how long and how much, etc.
Get advice!
- Contact your works council/ Betriebsrat, your union, or a suitable counseling center, such as the Berlin Counseling Center for Migration and Good Work/ Berliner Zentrum für Migration und Gute Arbeit (BEMA).
- All of the counseling centers listed here treat your information as strictly confidential and do not pass it on to authorities (such as the immigration office)!
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9. Red flags with employers!
Red flags!!!
What are warning signs with your employer and indications that you are likely working undocumented:
- If your employment relationship is only regulated verbally and you have nothing in writing.
- You do not have your boss's address and he is not interested in your address.
- If your employer tells you that you should only have certain documents ready in case of a customs inspection/FKS inspection.
- Free login/always being available is an indication that shifts are not being assigned properly.
- If your employer only gives you a WhatsApp number. Sometimes you don't even get an email address.
I work with a trade license or as a solo self-employed person.
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10. I work with a trade license / as a solo self-employed person.
Do you work with a trade license or as a solo self-employed person for a subcontractor or delivery service company?
- If you work with a trade license for a company, subcontractor, or agency platform, you are usually a solo self-employed person. This means that you are self-employed but have no employees.
There are a few things you need to keep in mind here:
- You do not have an employment contract, but instead receive orders from a client and issue your own invoices.
- You are not covered by social security through the client: This means you must take out your own health and pension insurance and accident insurance.
- You may have to pay taxes (including sales tax) yourself. Once a year, you have to file an income tax return. This can result in high additional payments.
- You have no protection under labor law: no entitlement to minimum wage, vacation, continued payment of wages in case of illness, or protection against dismissal.
- You bear the full risk: you are only paid for completed assignments. In case of illness, accident, or a break in assignments, you will not receive any money.
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11. The risk of bogus self-employment!
There may be a risk of bogus self-employment!!!
- If you are officially self-employed but in practice work like an employee (e.g., fixed working hours, no clients of your own, instructions from the company), this may be considered bogus self-employment.
- If the German Pension Insurance or the tax office determines that you are falsely self-employed, you may be required to pay social security contributions retroactively. Your client may be subject to penalties or fines for up to 4 years (possibly several thousand euros). The liability of employees is limited to a maximum of three wage payments.
- It is currently controversial whether riders can be considered falsely self-employed. According to an EU platform directive, all EU countries must present clear criteria by the end of 2026 at the latest to decide whether platform workers are truly self-employed or should actually be employed.
- Therefore, if in doubt, have your activity checked, e.g., by an advice center or trade union.
- One way to have your status reviewed is to apply for a status determination from the German Pension Insurance Clearing House/ Clearingstelle der Deutschen Rentenversicherung.
I work for a restaurant
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12. I work as a permanent employee for a restaurant.
Do you work as a permanent employee for a restaurant?
- If you work as a permanent employee for a restaurant, the same conditions as for permanent positions in general apply to you.
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13. I work for a restaurant without an employment contract.
/Are you working for a restaurant without an employment contract?
- If you are working for a restaurant without an employment contract and are being paid in cash, this is generally permitted. A verbal contract is also an employment contract (see 3. I have a verbal employment contract and 10. I do not have an employment contract).
- However, it may also be an indication of undocumented work.
- If you are working undocumented, you still have rights, such as insurance benefits like health insurance or accident insurance (see 5. What am I entitled to?), even if your employer has not paid social security contributions.
- However, the difficulty lies in proving your employment relationship!
Therefore: Document your employment relationship!
- Document your communication with the client!
- Take screenshots and screen recordings of messages, emails, work orders, your account, etc.
- For example, turn on screen recording, open your work app, go to the displays showing when you worked, how long and how much, etc.
Get advice!
- Contact your works council, your union, or a suitable advice center, such as the Berlin Advice Center for Migration and Good Work/Berliner Zentrum für Migration und Gute Arbeit (BEMA).
Help and advice centers
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14. Trade unions and advice centers.
If you have any problems or questions, you can contact the following advice centers/organizations.
All of the advice centers listed will treat your information as strictly confidential and will not pass it on to any authorities (such as the immigration office)!
- If your company has a works council/ Betriebsrat, you can always contact them. The works council is responsible for your interests within the company.
- Trade unions can also help you. The union responsible for you as a rider is either the Nahrung, Genuss, Gaststätten (NGG) or the Vereinte Dienstleistungsgewerkschaften (Ver.di).
- The Counseling Center for Migration and Good Work (BEMA) provides labor and social law counseling for immigrants and mobile workers.
- Faire Integration and Faire Mobilität also provide advice on labor and social law for migrants.
- In serious cases, it may be advisable to consult a specialist lawyer for labor law. You can also ask your works council, union, or BEMA for advice on this.
