Labor law for creator teams, agencies and influencers
Employment contracts, freelancers, bogus self-employment and social media guidelines: We advise creators as employers and employees.
Overview
Growing creators employ cutters, managers and assistants. Questions arise about employment contracts, freelancer models, bogus self-employment and the rights to work results. Conversely, employees act as corporate influencers for their employer.
We design contracts and guidelines and represent conflicts.
Practical examples: typical scenarios
We regularly meet the following scenarios in the consultation. They are anonymized and simplified and do not describe specific mandates.
Freelancer or employee?
Situation: A Creator has been working full-time as a freelancer for two years.
Legal assessment: There is a risk of bogus self-employment with additional payment of social security contributions.
Our approach: We check the status and switch to an employment relationship.
Corporate Influencer
Situation: A company wants to use employees as brand ambassadors.
Legal assessment: It needs rules on working hours, labeling and rights.
Our approach: We design a social media policy and supplementary agreements.
Channel after termination
Situation: An employee has set up the company channel and wants to take it with him after the termination.
Legal assessment: Without regulation, it is unclear who is entitled to channel and content.
Our approach: We negotiate a solution on the channel, content and use of names.
Deepening
Labor law in influencer law affects both Influencer as an employee (e.g. in agencies or brand projects) as well Influencer as an employer (with own team). Central questions are employment contracts, employment models, bogus self-employment and rights to created content.
We are experts in labor law and will be happy to support you.
The Employment Law Although not as obvious in influencer law as copyright or trademark law, it plays a role in several important scenarios – especially if influencers Build teams, for Agencies work or himself employed are.
Here are the key points:
1. Influencer as employee
- Some influencers are permanently employed – for example at media houses, agencies or platforms.
- Then the classic rules of labor law apply:
- Employment contract, probationary period, protection against dismissal
- Working time and holiday regulations
- Entitlement to remuneration and social benefits
- Also at “Influencer as Brand Ambassador” a demarcation between employee and self-employed person can be decisive (bogus self-employment!).
2. Influencer as an employer
- Larger influencers often employ Team members: e.g. B. Photographers, cutters, social media managers or assistants.
- As soon as employees are permanently employed, employment law obligations apply:
- Creation of Employment contracts
- Attention from Minimum wage, vacation entitlements, working hours
- Compulsory social security
- Freelancers (e.g. freelancers) also have to be legally involved in a clean contractual manner – otherwise there is also a risk of bogus self-employment.
3. Contracts with Agencies & Management
- Agency and management contracts often move in the border area between Labor Law and Service Contract.
- The demarcation is important:
- The agency has Authority to issue instructions (When, where, how to work)? → Labor law could apply.
- Consists Free design option of the influencer? → mostly free service contract.
4. Intellectual Rights & Obligations
- Also play in labor law Personal rights One role: e.g. B. whether and how influencer images may be used by an employer.
- Non-competition clauses: An influencer who is employed may often not enter into competing advertising cooperations without the consent of his employer.
- Illness and maternity rights also apply to employee influencers.
Make sure you are doing everything right in terms of labor law. Let us advise you.
5. Conflicts & Risks
- Bogus self-employment: If influencers act as “free cooperation partners” but are actually integrated like employees, there is a risk of high additional payments from social security contributions.
- Terminations & Contract Dissolutions: Labor law protection regulations must be observed.
- Dispute over rights of use: Who owns the content that an employee influencer creates? → usually the employer, unless otherwise agreed.
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