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LSG Darmstadt sees a social contribution obligation
An anesthetist working in the clinic on an hourly basis is considered to be employed and is therefore subject to social security contributions. This was decided by the Hessian State Social Court (LSG) in Darmstadt in a judgment announced on Tuesday, August 22, 2017 (file number: L 1 KR 394/15).
It rejected an anesthetist from Offenbach. He worked for various clinics and was paid on an hourly basis.
One of the clinics wanted clarity and made a so-called status assessment application. On such an application, the pension insurance checks whether an employee is considered an employee or a freelance worker under social security law.
Here the pension insurance company said that the anesthesiologist was employed. The clinic must therefore pay contributions to pension and unemployment insurance.
The doctor disagreed and complained. He had various freedoms and in particular did not have to take part in the meetings of the respective operating team. Refusing self-employment would mean a massive restriction on the free practice of doctors.
But the LSG Darmstadt now rejected the anesthetist. He was fully integrated into the work organization of the clinic. So he used their devices, without which he could not have done his job. The work itself was always coordinated with the clinic. He was closely involved in the organized process of the respective team of doctors and nurses.
His payment also speaks for dependent employment. Because this was done after hours. The doctor did not have to bear any entrepreneurial risk, according to the LSG in its judgment of August 10, 2017.
Previously, the LSG Darmstadt had already decided that an operating room nurse (judgment of March 26, 2015, ref .: L 8 KR 84/13; JurAgentur announcement of May 12, 2015) and a nurse in a nursing home (judgment from May 16, 2017, file number: L 1 KR 551/16; JurAgentur announcement from June 13, 2017) are regularly employed. mwo / fle