 Poster: A snowHead
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There does not seem to be an EU-wide approach, as the situation being described in Germany and Austria is different from here in France.
French employers can bring in individual contractors who have Micro Entrepreneur status ( formerly Auto-Entrepreneur).
The employer does not have to pay holiday or social charges, as the Micro Entrepreneur normally benefits from reduced social charges (43% vs 67% that the employer would pay normally).
The Auto Entrepreneur though will normally charge a minimum of EUR 20-25 per hour in order to cover their additional charges.
This is pretty much what it would cost the employer if they were employed normally on minimum wage of EUR 10 per hour, once you add in all the additional costs to the employer, but gives the the flexibility of a changing the hours and termination, which are big challenges to French employers.
Again none of this is really relevant for most seasonal work, as you would just get a standard CDD ( Contract of preDetermined Duration), and be paid the SMIC (Minimum Salary 10.03 ph).
Though nothing is stopping you from setting up as a Micro Entrepreneur, and offering your services in this capacity.
The reason though that this is not that popular among seasonal employees in France is that you can claim unemployment (65% of your wage) between the summer and winter seasons if you had a standard CDD ( yes - that's where that whopping 67% of Employeur Social charges goes) , whereas if you were employed as a Micro Entrepreneur, then it is much harder to claim this as technically you are still employed ( although it is possible, but you need to make additional declarations to the Pole Emploi and URSSAF about your activities).
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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There is no EU-wide approach for a very simple reason...
Every country in the EU is responsible for its own immigration laws, and visas etc.
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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The issue of differences in how self employment works in various countries is irrelevant to the initial issue. All non EEA nationals need a work permit of some description to work in EEA countries. That is the case at the moment and will continue to be so. When / if the UK leaves the EU, UK nationals will no longer have the automatic right to work. Given the complete chaos in the UK over all this it is entirely possible that the UK will leave the EU on 31.10.19 with no other arrangements in place. Given this any responsible business should make plans for this eventuality, one of which is ensuring that the people they employ (in the widest sense of the word) can work legally. The simplest and safest way to do this, unfortunately, is to say EEA nationals only.
There are checks in many places on the employment status of individuals. In Germany the Zoll (Customs and Excise) carry out regular unannounced visits to building sites, exhibition halls, catering places etc where there is a lot of casual employment. Other places of employment will get a visit every few years. Not only do individuals get fined or potentially expelled if not legal but any company considered to be "employing" those individuals (including freelancers) get fined too. Those fines can be very large, I know of a company near us that has gone into bankruptcy over exactly this issue. It really is a serious thing, any employer who ignores this is risking their business.
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