An applicant sought confirmation that it could engage one of its employees, an IT specialist already working under a regular employment contract, under a separate B2B (business-to-business) services agreement. Under that agreement, the specialist would perform a distinct scope of work, choose the time and place of performance, and be free to use subcontractors.

The GIP endorsed the applicant’s position, confirming that such an arrangement is lawful. The mere fact that the same individual is party to both an employment relationship and a civil-law contract with the same entity does not, in itself, mean that the civil-law engagement should be reclassified as employment if the subject matter of each contract is genuinely distinct and the services rendered under the B2B agreement are not rendered in conditions characteristic of an employment relationship. Crucially, this separation must be evident not only in the contractual terms but also in how the work is actually executed in practice.