How to check a civil-law (GPH) contract before signing
Subject matter, acceptance certificates, payment, and signs of a disguised employment contract — a practical checklist
A civil-law contract (GPH) records a result of work or services, not “work under internal workplace rules.” An overview of the format is on the “Civil-law (GPH) contract” page. A superficial check of a GPH contract easily produces either a dispute over acceptance or a claim that the relationship was in fact employment.
Upload the GPH contract and get a clause-by-clause breakdown of the risks:
1. Subject matter and result
- A specific result is described (a report, code, a design, a certificate of work performed), not “performing functions”
- There is a scope, acceptance criteria, and a delivery date
- It is clear what is included in the price and what counts as extra work
A vague subject matter (“consulting services as needed”) is a frequent cause of disputes and of reclassification risk.
2. Payment, certificates, and tax
- The price, payment stages, and the condition “after the certificate is signed”
- Who prepares the certificate, and the deadline to sign it or to reject it with reasons
- For a self-employed person, an NPD receipt; for a sole proprietor or an individual, who withholds personal income tax and contributions
3. Signs that it substitutes for an employment contract
Before you sign a GPH contract, check that the text has no employment markers:
- A work schedule and subordination to internal workplace rules
- A fixed workplace and control “as for an employee”
- Leave, sick pay, and a salary with no link to a result
- A ban on working for other customers without a business need
More on the difference between the formats is in “A civil-law (GPH) contract and an employment contract”.
4. Liability, termination, and rights in the result
- Penalties are proportionate to the contract price
- The procedure for unilateral withdrawal, and payment for what was actually done
- Who owns the exclusive rights in the result, and from what moment
Bottom line
Checking a GPH contract comes down to three questions: is the result clear, is payment against certificates transparent, and does the text disguise an employment relationship.