There are important updates for all fitness studio operators and freelance trainers. The DSSV (“Arbeitgeberverband deutscher Fitness- und Gesundheits-Anlagen” means Employer Association of German Fitness and Health Facilities) has released updates on the status determination of freelancers’ employment relationships.
Why is this important? The German Pension Insurance is paying closer attention to false self-employment in fitness studios. As a studio operator, you must ensure that your trainers are not falsely self-employed.
It is crucial to ensure that the contract does not contain any clauses that could imply a dependent employment relationship or employment. While you can specify the number of hours in the contract, you cannot determine exactly when these hours are to be worked. Similarly, the contract should not include any vacation days, as freelance trainers, unlike employees, are not entitled to vacation.
False self-employment exists if:
- A trainer is continuously working for only one client.
- Their work must follow the studio’s directives, e.g., fixed working hours.
- They bear no entrepreneurial risk, e.g., more than 5/6 of their income comes from one client.
- They do not maintain their own accounting.
The consequences of false self-employment include a fine according to the Illegal Employment Act and the obligation to pay the employer’s and employee’s social security contributions retroactively.
The DSSV supports you in this. They offer valuable assistance to ensure your contracts are correct and comply with legal requirements. This means less stress and no unpleasant surprises!
Key Points:
- Check Contracts: Are you sure your agreements are legally correct?
- Legal Updates: Stay informed about the latest regulations.
- Consultation: If you’re a DSSV member, you can access tips and help in the DSSV’s internal area.
ℹ️ The DSSV’s legal department offers the opportunity for a free initial legal consultation to assess the legal situation, for instance, to review contract clauses or address general labor law topics, as part of an existing membership.
Our tip: On 24 September, the DSSV will be holding a free event on the topic of false self-employment in German language. Don’t miss this opportunity and register now: