Fachanwalt SAV Arbeitsrecht study materials
Fachanwalt SAV Arbeitsrecht study resources

A consultancy label and the actual work relationship

Fachanwalt SAV Arbeitsrecht · Put your knowledge to work in context.

All case studies

A consultancy label and the actual work relationship

A fictional service agreement is labeled consultancy. The individual must attend the organization workplace at fixed hours, uses its equipment, receives detailed daily instructions and reports to a manager who supervises the work. The case asks for identification of the legal classification issue rather than an automatic ruling on every possible claim. It also supplies no complete public-employment framework or evidence of a separate business risk arrangement. One learner says the label alone makes employment law irrelevant. Another assumes every paid service must be employment. Students must identify the significant features, compare them with the applicable legal definition and explain the facts still needed for a careful conclusion. No practice score is treated as authority to decide a real dispute.

1. What should the analysis examine?

Read the worked answer

Assess the actual work arrangement and relevant subordination under the governing legal test. Neither the consultancy label nor payment alone resolves the classification.

2. What follows from that analysis?

Read the worked answer

Identify the potentially relevant employment duties and remedies only after establishing the relationship and applicable framework. Do not assume every associated claim is automatically proved.