Compliance vs. labor law? How to train external staff systematically

The project has started, the new external colleague is on site – motivated, ready to go, technically equipped. But the department realizes that she doesn't have access to internal systems. No intranet. No learning management system (LMS). No mandatory training. Why? Because she is not formally an employee. She has been hired on a contract basis for several months, but is not registered in the HR system.

What at first glance appears to be a gap is in many cases a conscious decision: for data protection and labor law reasons – in particular to avoid the risk of bogus self-employment – it makes sense not to integrate external staff directly into internal HR processes and systems.

Such situations are encountered regularly by specialist departments today. In a dynamic, project-driven working world, freelancers, external specialists, and service providers are an integral part of everyday business. They enable flexibility and reduce the operational workload, but at the same time they present the responsible teams with a key question: How can these individuals be qualified in a legally compliant, system-independent, and yet comprehensive manner?

What at first glance looks like the modern world of work quickly comes up against legal limits if roles are not clearly defined. The term “bogus self-employment” describes situations in which a person appears to be self-employed but is actually integrated into a company like an employee. The German Pension Insurance Fund systematically reviews such cases, based on criteria such as:

• Subordination: Does the person work according to the company's specifications?
• Integration: Do they regularly participate in team meetings and use internal tools and structures?
• Exclusive work for one client: Is there economic dependence?
• Lack of entrepreneurial risk: Do they bear any costs or liability?

If false self-employment is determined, there can be drastic consequences: loss of reputation, back payments of social security contributions, fines, and in some cases even criminal penalties.

In practice, this is exactly what often happens: external personnel are integrated like internal employees. For pragmatic reasons, they are given access to the LMS, instructions, and internal communication systems. They are “quickly” brought into the processes because it seems easier.

However, this pragmatism can backfire legally. The more similar the daily work of internal and external personnel is, the higher the likelihood that a dependent employment relationship will be assumed.

Typical problem scenarios:

• Mandatory training via the internal LMS
• Joint reporting with internal teams
• Fixed workstations, email addresses, or system roles

At the same time, companies cannot do without mandatory training—especially in security-relevant, data protection-critical, or regulated areas. External parties who have access to sensitive systems or information must be verifiably trained. This creates a dilemma: training is a must—but without internal integration.

xLMS is the solution to this dilemma. It is a cloud-based learning management system designed specifically for external target groups – developed by tts with a focus on maximum compliance, usability, and scalability.

The basic idea is to train external personnel without integrating them into the internal system, while maintaining the same standards of professionalism, controllability, and verifiability as in the internal area.

External users receive personalized access, see only the content relevant to them, and can complete it flexibly – whether for onboarding, project-related or role-specific purposes. This creates an auditable process for the company that meets both legal requirements and operational expectations.

xLMS is not just “another system.” It is a structural response to a systemic problem. After all, involving external individuals is not just about learning content—it also affects liability, data protection, controllability, and integrity.

Structurally, xLMS works like a BPO model: companies outsource a clearly defined process—the qualification of external individuals—to a dedicated system.

This ensures that:

• legal separation is maintained
• training requirements are met
• compliance is documented
• administration is automated

Responsibilities are also clearly separated: control is exercised via role and rights concepts, not via individuals. Content can be maintained centrally and distributed to specific external groups, such as service providers, partner companies, temporary staff, or suppliers.

Another advantage? The solution is also suitable for international organizations that work with many partners and country-specific requirements. Uniform standards? No problem. Different target groups? Easily configurable. Legal certainty across national borders? Possible – with the right architecture.

The world of work is changing – becoming faster, more decentralized, and more flexible. External personnel will become an even greater part of everyday working life in the future. What must not change is responsibility for legal compliance, training obligations, and documentation.

xLMS is the professional solution for confidently meeting these challenges. Not as a compromise – but as a clearly structured, maintainable, and legally compliant system. For everyone who works with external parties. For everyone who wants to avoid liability. For everyone who wants to future-proof their organization.