Self-employed registered as salaried worker in a company

According to court decision regarding file n. 5062/06, "Company of stage and communication limited and others against the National Insurance Institute", it was ruled that the status of workers reported by these companies as their salaried employees are to be examined by the definition of self-employed worker.

Circular on the determination of the status of workers reported as salaried by companies under verification (in Hebrew)

A negative answer to one or several of the questions below may indicate that you are self-employed:

  • Is there any agent who determines your assignment at your workplace?
  • Is there any agent who assigns you from a mission to another at his workplace?
  • Is there any agent who has the power and authority to fire you and/or terminate your work?
  • Is there any agent whom you must contact in order to receive leave permission? or to announce you'll come late at work or be missing due to illness, reserve duty service or the like?
  • Is there any agent who supervises your work and you are under his authority?
  • Is there any register and control about your actual attendance at your workplace?
A positive answer to one or several of the questions below may indicate that you are self-employed:
  • Is the payment of your salary delayed until reception of a counterpart from another agent (third party)?
  • Is your salary characterized by a sharp volatility and in accordance with the flows of payments that you receive from a third party and, thus, you are not able to point at a basic work income that is paid to you every month?
  • Are you the one to decide, towards the person ordering the service, what is the amount of the payment?
  • Do you receive a fixed monthly salary, and is there volatility in your salary?
  • Are you the one deciding what work to accept and to refuse?

If, based on your answers, you do not have the status of salaried employee:

You have to register at the National Insurance Institute as a self-employed person.

If, based on your answers, there are employee-employer relationships between you and your actual workplace:

In this event, you have to contact us in writing, expose your arguments and attach to your letter all supporting documents to your claims, in order to establish your status.
In case it is ruled to regard you as a salaried employee - the agent who actually employs will considered your employer, and not the company that merely reported you as a salaried employee.
You can submit your inquiry to the Insurance and Collection Department of your local NII branch or by means of the internet site.