GitLab reinstates list of servers that have malware

Re:GitLab reinstates list of servers that have malware by allendoerfer on Sunday October 16, 2016 @08:08AM (#12718246)

> Other than with the prior written permission of the Employer, the Employee is prohibited during the term of the Employment Contract to carry out work – either paid or not – of any nature whatsoever, either for himself and/or for third-parties.

I am not a lawyer, but I am 100% certain that you cannot do this in Germany. At most maybe if the contract is limited to a time period and there are exceptional reasons why this would be necessary.

It is called "Scheinselbstständigkeit" [0] (only seeming to be self-employed). Contractors in Germany have to be actual businesses. They cannot be "weisungsgebunden" (bound to instructions), meaning you can only tell them what to do, not how to do it. E.g. you can have deadlines, but you cannot tell them when to work and so on.

The reason for this is to prevent contracts, which have the characteristics of an employment contract but do not pay taxes and social insurance.

[0] https://de.wikipedia.org/wiki/Scheinselbst%C3%A4ndigkeit

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Re:GitLab reinstates list of servers that have malware by detaro on Sunday October 16, 2016 @02:48PM (#12720228)

These contracts look (too my non-lawyer eyes) like a minefield in that regard anyways, but this specific rule certainly is a very big negative sign in that regard :/

That the contracts explicitly mention that possibility and have the "contractor" indemnify the company against all claims if a government or court finds the relationship is actually an employer-employee one doesn't help.

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Re:GitLab reinstates list of servers that have malware by Normal_gaussian on Monday October 17, 2016 @03:19AM (#12723198)

The paragraph was taken from the standard employment contract not the contractors contract.

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