Platform delivery work is one of the most common side jobs for students, and it is also one of the areas where the question of bogus self-employment (Scheinselbständigkeit) comes up most often. Whether a rider is self-employed or employed depends on general criteria under German social law. On top of that, an EU directive on platform work is being implemented in Germany, and that process is still under way.
Short answer: The federal government stated on 24 April 2026 that the Federal Ministry of Labour is working on a draft bill (Referentenentwurf) to implement the EU platform work directive. The implementation deadline ends on 2 December 2026. The answer does not name a government bill. Whether riders will have to be employed directly is still open. The procedural status is that of 24 April 2026; for later developments, check the pages of the Federal Ministry of Labour and the Bundestag. Last updated: November 2026.
The most important points
- Whether you are self-employed or employed in a delivery job depends on how the work is actually done, not on the label used in the app.
- The federal government names 2 December 2026 as the implementation deadline of the EU directive.
- As a measure for subcontractors, it says it is in principle examining a direct employment requirement.
- According to the answer (as of 24 April 2026), no government bill has been named yet. A draft from the ministry is in preparation.
- Until implementation, the general rules on bogus self-employment continue to apply.
What did the federal government answer in April 2026?
The answer to a minor interpellation on working conditions at food delivery services is documented as Bundestag printed paper 21/5454 (in German) and was published through the Bundestag hib service (in German) on 24 April 2026. It says the Federal Ministry of Labour and Social Affairs is working on a draft to implement the EU directive on improving working conditions in platform work.
According to the answer, the ministry is examining all measures that come into consideration for subcontractors. In principle, this includes a direct employment requirement. The answer gives 2 December 2026 as the implementation deadline. A bill in the parliamentary procedure is not mentioned there.
| Point | Status according to the answer of 24 April 2026 | What it means for you |
|---|---|---|
| Implementation status | Draft from the ministry in preparation | No binding rule yet |
| Implementation deadline | 2 December 2026 | The directive’s requirements become relevant from then |
| Subcontractors | Direct employment requirement examined in principle | Outcome open, details missing |
| Government bill | not named | Follow the procedure in the Bundestag |
What would a direct employment requirement mean?
A direct employment requirement would mean that riders cannot be engaged as self-employed people through subcontractors, but must be employed directly by the company offering the service. The answer only speaks of a principled examination. What such a rule would look like, which exceptions would apply and from when it would take effect are not set.
For you as a student, this could change the form of your contract. A mini-job would then be an employment with other obligations, and the question of bogus self-employment would no longer arise there. Whether and when that happens remains open.
How can you assess your position today?
Until implementation is complete, the general criteria apply. Under § 7 para. 1 SGB IV, indicators of employment are work carried out under instructions and integration into the work organisation of the person giving instructions. In a delivery job, app requirements on times, routes or accepting orders can act as instructions. The overall picture decides. We set out the checks in our guide on bogus self-employment.
| Feature in delivery work | Points more towards self-employment | Points more towards employment |
|---|---|---|
| Shifts and times | You choose your times freely and can decline | Shifts are set and mandatory |
| Orders | You decide which orders you take | Orders are allocated and refusal has consequences |
| Vehicle and equipment | You provide the vehicle and equipment yourself | The company provides equipment and clothing |
| Clients | You offer your services to others too | You work practically only for one platform |
| Contract | Clearly worded, with a reference to self-employment | Contract refers to instructions and fixed procedures |
What does this mean for students in practice?
Many students choose delivery work because of flexible times. That advantage is real, but it does not change the criteria. If you are firmly assigned shifts and may not decline assignments, you work in a setting that looks more like employment. If you decide freely and have several clients, that points more towards self-employment.
Whatever the outcome of the legislation, documentation is worthwhile. Note times, requirements and refusals. In a dispute you can then show how the work actually ran, and a later questionnaire is easier to answer. More on earnings in this area is in our guide on delivery work and earnings.
What does an EU directive require of national law?
An EU directive sets a goal that member states must transpose into national law. In Germany this happens through a statute or an ordinance based on the directive. Until then, the existing law remains in force, and courts decide under the general criteria.
Once transposed, the new rule applies to all platforms within its scope. How exactly it affects subcontractors depends on the final wording. For that reason it makes sense to follow the procedure in the Bundestag once a concrete draft exists.
Which points should you check before accepting?
Before you agree to work for a delivery service or a subcontractor, a few questions can clarify the situation. The list does not replace a legal review, but it shows where a contract raises questions.
- Ask whether you are engaged as self-employed or as an employee, and whether the contract states this explicitly.
- Check whether shifts are mandatory or whether you can decline assignments without consequences.
- Clarify who provides the vehicle, phone, bag and clothing, and who bears the costs.
- Ask who the subcontractor is, who pays you and who gives you instructions.
- Keep the contract, payment statements and chat messages containing instructions.
Frequently asked questions
Is my delivery job automatically bogus self-employment?
No. Work arranged through an app is not automatically employment. What counts is how much instruction and integration actually exist. A single feature does not decide the matter.
Do I have to change my status now?
A legal duty to change arising from the EU directive is not yet in force. If you have doubts, you can have your status checked. Changing it without a review is not necessarily right.
What can I do if I see myself as an employee?
Raise the matter with the client in writing and document your view. For a binding decision, the status determination procedure with the German Pension Insurance Scheme is available. Our guide on status determination describes how it works.
What documents do I need for a status determination?
For a procedure with the pension insurance scheme, the contract, evidence of orders and payment statements, and a short description of the actual workflow help. The more precisely you describe how things work, the better the overall picture can be assessed.
Does this change my taxes?
The implementation mainly concerns the status of riders. Whether tax consequences follow depends on the future contract form. The federal government’s answer says nothing on that point.
How to proceed now
- Read your contract and note the rules on times, orders and equipment.
- Document shifts, refusals and instructions in writing.
- Follow the legislative procedure in the Bundestag until implementation is settled.
- If in doubt, have your status clarified with the pension insurance scheme.
Related guides
- Founding a business alongside your studies
- Bogus self-employment: how to spot it in assignments
- Delivery work as a student
- Status determination with the pension insurance scheme (in German)
- Contract for work or employment contract
Sources: Bundestag printed paper 21/5454, answer of the federal government (2026, in German), Bundestag hib 344/2026, 24 April 2026 (in German), § 7 SGB IV, wording on buzer.de (in German).
Last updated: November 2026. This guide is general information, not individual advice.
