Trainer or Studio's owner? Let's help each other clarifying all in writing

The power of a written contract could be the first step towards better working conditions for all

2026 is a year when the fitness/wellness job market keeps booming everywhere, but the reasons behind this speedy development aren't all favourable. In Vienna, there is a grey area of how conducting business in gyms or studios (noted since I arrived in Covid times). From casual friendly verbal to short unclear agreements. Studio/gym owners looking for commitment without clear boundaries or uncommitted freelancers that act unprofessionally. What is now shaking the ground is that the government institutions are getting interested, and now fines appear to be a real threat. This is creating a new wave of management awareness that I think is actually positive.

I believe in the power of ideas written on paper, because our memory is limited and misunderstandings and conflicts can be avoided. Contracts are a great communication tool that enhance negotiation skills to settle terms and conditions. Find below a resume of relevant data translated from the main Austrian work organisations sources (AK and WKO) and professional services in the field (self employed Austria portal) . This is an invitation to assess or reflect about your past/present situation as a colleague in the field or as a studio owner, to improve our future. If we could clear the air between both sides of the coin, maybe there is a brighter path forward where business models are sustainable.

What kind of contract?

A full time or part time job easy to define, but if you are a freelance things get complicated. Is good to know that the name of the contract is not decisive for the type of employment relationship. What matters is which contractual characteristics predominate. Business (studio/gym) owners can offer different kind of contracts of employment simultaneously. And freelance trainers could be contractors in one and freelance service workers in others. Even full time/part time workers at the same time too. So what's best for you? Only you can decide, but there are some points to consider that might allow you to define better your boundaries, benefits and duties as it is happening to me.

Employment Contract Statement for Freelancers

While in Austria, we don't have a legal right to a written freelance contract, we are still entitled to an employment contract statement. This is a written record of the essential rights and obligations arising from the freelance contract. The right to an employment contract statement is particularly important because it serves as proof of what we have agreed upon with our client.

Your client must issue you an employment contract statement immediately after the commencement of your employment. They are legally obligated to do so. You have the option of receiving the employment contract statement in person or electronically from your client.

Contractual characteristics can highlight the main differences between being a 100% freelance/unternehmer/in (not favoured by labor's law and ruled by commercial law) from a service freelance/freie dienstnehmer (favoured by labor's law up to a low degree).

Contract for Work and Services (Werkvertrag)

A contract for work and services exists when one person – the contractor – undertakes, in return for payment, to produce a specific work for another person – the client. This is not an employment relationship; therefore, the contractor has no rights under labor law or collective bargaining agreements. The contractor is required to have health (SVS) and pension insurance under the Commercial Social Insurance.

What are the key characteristics of a contract for work and services?

■ The contract for work and services is success-oriented. Contractors guarantee the success of the project/program/sessions. Therefore the quality should be evaluated.

■ Labor law and its protective provisions (5 weeks of paid minimum vacation, continued payment of wages during illness, etc.) do not apply. And this is explicit in the contract.

■ The contractor must have a commercial licence (GISA)

■ Representation to perform the work is possible and has schedule flexibility.

■ Contractors use their own equipment (in our field this can be related with the proficiency and safety to use a Pilates/gym machine). Contractor is 100% responsible and pay their own liability insurance.

■ They are not integrated into the client's organization and no personal dependency.

■ The contract clarifies explicitly that the contractor is not following instructions to perform the job.

■ There is no minimum wage scale or collective agreement to refer if the pay is too low.

■ Contractor must declare and pay his/her own income tax

■ Contractor must pay his/her own health and social insurance (SVS is compulsory)

■ A new agreement must be reenewed if task was specific time limited

■ Contractor issues an invoice for the work performed. Specific data and timeing is settled in the contract.

■ A standard termination period for a freelance work contract is 15 days. This is not an obligation but it can be negotiated for the benefit of both sides. The client always can terminate an agreement at any time.

■ The hourly rate must be respected as reference if the client wants you do any other task that requires more time out of the program/course/class performance.

*In this scenario, trainers don't cover reception's duties as cleaning space, offer/sell promotions of the gym/studio.The gym/owner doesn't depend on the trainer to deliver any other kind of task than sessions/programs/courses (10-5 min before sessions standard time of arrival and departure). They have a minimal to non presence in the schedule or their course/program has specific ending date. The manager expects proficeincy and the Freelance should arrange his/her representations.

Freelance Service Contract (Freie dienstnehemer)

A freelance service contract, like an employment contract, is a continuing obligation in which the services owed are defined generically. According to case law, a freelance service contract exists when someone agrees, in return for payment, to make their labor available to a client for a specific or indefinite period without becoming personally dependent on the client.

What are important characteristics of a freelance service contract?

■ The personal dependency of freelancers is, if at all, only weakly pronounced.

■ There is usually the option of being represented.

■ Freelancers do not guarantee success. The service is repeatable but is not assessed.

■ They are not integrated into the client's organization.

■ Social Security Benefits (ASVG) as a freelance employee earning above the 2026 marginal threshold of €551.10 per month, your client is responsible for registering you for full social insurance: 

• Health and Pension Insurance: You are covered under the same system as regular employees ÖGK

• Accident Insurance: You are automatically insured against work-related accidents.

• Unemployment Insurance: Unlike most self-employed individuals, you are entitled to unemployment benefits and insolvency remuneration.

• Sickness and Maternity Benefits: Allowance based on freelancer's income. 

• Both sides cover these costs. However, there is no mandatory social security coverage on the side of the client if the freelancer:

  • is already insured under the Commercial Social Security Act or as a civil servant due to their employment.

  • practices a freelance profession that establishes membership in a statutory professional association

  • is a doctor, or is an artist.

■ Freelance issues an invoice for the work you have performed. The client pays the amount minus social security contributions, which they must pay to the Austrian Health Insurance Fund.

■ The client must register you electronically with social security before you begin working and immediately provide you with a certified copy of the registration.

■Both the freelance employee and the client may terminate the open-ended contract with four weeks notice, effective on the 15th or the last day of any month. After two years, the notice period increases to six week. (It increases to 2 months with 3 years).

■From January 1, 2026, collective bargaining agreements/minimum wage agreements can also be concluded for freelancers.This inclusion must be explicit and must be stated on the employment contract.

*In this scenario, instructions related with perform a service are more aligned with this type of contract. Example: Be 20-30 min. before and after class. Trainer is in charge of opening the business, cleaning the space, checking toiletries, signing up people, making tea etc. Also offer/ sales information and sign up members in person. They have more presence (fixed hours) in the schedule. They have or are entitled to take some internal training.

There is no better thing to do than asking directly about your specific case to the WKO (if you are a member) or to the AK (if your studio is paying your social insurance). What I can assure you is that the more analysis from both sides of the business, the better for the industry. I think is important to reach higher human standards, because this profession aims health. The people that trust in our professional guidance or business is at risk of even the opposite (injury, deception). Would love to know about your experiences, it's a never ending learning curve and I am sure you have relevant insights to share.