Freelancing or employment via staff leasing? The decision from the professional’s view

Short answer: Freelance or employed? For contract lawyers and compliance professionals, staff leasing suits those who want security: employment with the staffing provider, a salary with social security, and day-to-day instructions from the client company. Freelancing suits those who serve several clients, organise their own work and carry business risk. In Switzerland and Germany alike, what counts is how the assignment works in practice.

This comparison is for professionals choosing between the two models before an interim assignment. It sets out the criteria side by side, shows when each model fits better and closes with five questions to guide your decision.

The two options in brief

Under staff leasing you are employed; as a freelancer you are self-employed. Both models are available part-time and full-time, with a workload between 20 and 100%.

• Staff leasing: the staffing provider is your employer and assigns you to a client company. In Switzerland this is called Personalverleih (Swiss staff leasing, Art. 12 and 19 AVG); in Germany, Arbeitnehmerüberlassung (German temporary agency work, Section 1 AÜG). You work as part of the client's team and follow its instructions on the work.
• Freelancing: you deliver your services as a self-employed professional, on your own responsibility within the agreed mandate, and invoice for them.

Comparison table: freelance vs employed via staff leasing

The main differences lie in the contract, social protection and who directs the work.

What this means for income and availability

Under staff leasing your income is more predictable; as a freelancer it depends more on utilisation and rate. Specific amounts are agreed case by case.

• Staff leasing: you receive a salary with social security. In Germany, Alpinum Solutions GmbH applies the collective agreements of the DGB/GVP bargaining association. In Switzerland, the pay and working-time provisions of a collective labour agreement declared generally binding for the client's business also apply to you (Art. 20 AVG).
• Freelancing: your rate must cover social security, pension, holidays, sickness, training and gaps between mandates. Work these costs out before every proposal.
• Availability: in both models, assignments often start at short notice. A clearly stated start date improves your chances.

Direction, responsibility and the contract model

The model must match how you actually work, not just the contract title. This applies in both countries.

• Germany: whether someone is self-employed or an employee depends mainly on instructions and integration (Section 7 SGB IV, German Social Code Book IV). A status determination procedure with the Deutsche Rentenversicherung Bund provides certainty (Section 7a SGB IV).
• Switzerland: the AHV compensation office decides case by case, based on the economic circumstances, whether a person is self-employed (AHV/IV information sheet 2.02). Staff leasing always requires an employment contract; self-employed people cannot be leased.
• Professional rules in Germany: under temporary agency work, the agency is the employer for professional-law purposes. Admission as an in-house lawyer (Syndikusrechtsanwalt) for the assignment is therefore not possible (Federal Court of Justice, judgment of 20 March 2023, AnwZ (Brfg) 12/21).

For each model in depth, read Staff leasing from the professional's perspective and Self-employed as a freelance lawyer.

When the alternative is the better choice

Staff leasing is the better choice when you work closely within a company's team, and freelancing when you genuinely run a business.

• Staff leasing fits better if you work full-time for one client, are integrated into its processes, want to close a gap in your CV or return after parental leave.
• Freelancing fits better if you serve several clients in parallel, largely decide where and when you work, and have your own infrastructure.
• Formal functions: for roles such as data protection officer or MLRO, the model depends on the client's requirements and the rules in Switzerland, Germany and Austria. For the MLRO, regulatory restrictions can rule out an external mandate or require staff leasing.

Five questions to guide your decision

1. How many clients do you have? A single client over a long period points to staff leasing.
2. Who decides working hours, place and approach? If the client does, you are integrated.
3. How important are predictable income and social security through an employer? The more important, the more staff leasing fits.
4. Can you fund downtime and pension yourself? If not, freelancing is risky.
5. Does your role require a particular status? Check professional rules and regulatory requirements before the assignment.

Frequently asked questions: freelance vs employed contract lawyer

Do I earn more as a freelancer than under staff leasing?

A freelancer's rate has to be higher than a comparable salary because it must cover social security, pension, holidays, sickness and gaps between mandates. Whether you end up with more depends on your utilisation. Before deciding, work out every cost that the employer carries under staff leasing.

Can I switch between freelancing and staff leasing?

Yes. The model can be chosen per assignment. A mandate with several clients suits freelancing; a full-time role within a company's team is more likely to suit staff leasing. What matters is that the model reflects how you actually work on that assignment, not your previous habit.

What happens if I work as a freelancer but in practice like an employee?

Then you risk being reclassified. In Germany, actual practice decides under Section 7 SGB IV; in Switzerland, the AHV compensation office decides based on the economic circumstances. In Germany, disguised temporary agency work can lead to void contracts, an employment relationship with the client and fines (Sections 9 and 10 AÜG). If you work under instructions and are integrated, staff leasing keeps you on safe ground.

Can I move into the client's team?

Yes, in both models. A move into the client's team (temp-to-perm) is possible; the terms are agreed in advance. Raise the topic openly if you would like to stay with a company in the long term.

Next step

Alpinum Solutions is the leading provider of interim legal & compliance in Switzerland and Germany and fills assignments through staff leasing and freelancing, depending on what suits you and the role. State your preferred model and workload in your profile.

• Careers: legal and compliance jobs and projects
• Staff leasing from the professional's perspective: employment, pay and social security
• Self-employed as a freelance lawyer
• For candidates: all guides on careers and interim assignments
• Interim work as a part-time and portfolio model

Last updated: 10 November 2026.