BMAS technical talk 3 on §7a

ISDV on site:
On Thursday, December 19th, 2019, the last meeting of this year took place in the BMAS in the advisory round for the amendment of the status determination procedure according to §7a SGB IV (bogus self-employment).
In addition to the BMAS, the DRV, BAGSV (represented by ISDV, VGSD, BDW, DDIM, BDD), BDA, DJV, DGB, Ver.di, Deutscher Kulturrat, GKV and the KSK were also present.
An idea was discussed which provides that, when bogus self-employment is determined, retrospective payment of social security contributions for the client is omitted if the commissioned self-employed person has already paid the maximum contribution of EUR 1,246.20 per month into the DRV before the commission. This would mean that the self-employed person in a similar contract relationship can no longer work for this client as a self-employed person, but the client does not have to fear the closure of his business due to retroactive payments.
The self-employed person alone pays for this. No matter how much he earns, the maximum amount must be deposited.
We have clearly spoken out against it.
On the one hand, this can only be done by high earners.
For classification: the self-employed would have to have a monthly taxable income (not turnover) of EUR 6,700.00 in order to have to pay this contribution regularly.
So this only applies to higher earners, who bring their client a certain level of security.
On the other hand, we see the conditions of a banana republic emerging here. The possibility of buying one's ransom opens the floodgates to intent and exploitation.
In addition, it does not solve the problem of bogus self-employment. We don't approve of that and have therefore argued against it.
Other associations and representatives made similar statements.
Another big point was the question of the criteria and an update of the catalog of activities.
We have called for a special committee to be set up from the participants in this round, which aims to discuss the criteria issue intensively by the end of March 2020 and to work out a solution that will then also be implemented in the first half of 2020 as part of the administrative procedure should come into force.
On the other hand, we do not find the question of the activity catalog expedient, since there are no longer any activities that can only be employed or only self-employed. Despite all concerns about liability, one has to get away from this idea.
An important part was then the summary of the chairman of the BMAS. The points mentioned have reached him and will be discussed in detail between the Federal Ministry of Labor and Social Affairs and the DRV from January. Above all, the urgency of legal certainty above all else is in the foreground.
Regarding the timeline, Mr Flecken said the following:

  • At the end of January 2020, the legislative process on the obligation to provide for old age for the self-employed (AVP) will begin, including a hearing of associations (the ISDV will be there)
  • The introduction of the AVP can be decided by the Bundestag at the end of 2020. However, the introduction could last until the end of 2022. Everything depends on the decisions on the basic pension and the continued existence of the coalition of CDU/CSU and SPD
  • There will be two pilot projects on legal certainty in 2020. One relates to a prognosis decision (contract form and content), the other to a group decision (similar orders) by the DRV
  • The BMAS will start talks with the Federal Ministry of Justice about a new regulation (reduction) of the sanctions for bogus independent offences.

That doesn't sound like much at first. For the BMAS, however, this question, like the basic pension, is a task of the century. Those are the words of the chairman. It's a paradigm shift.
For us this would be easy to solve. At least on the surface. However, the political process involved is very diverse.

We can therefore conclude 2019 politically with a clear conscience that we have achieved something. The wheels are in motion and need to be accelerated and oiled by us in 2020.
We don't slack off in our work, we keep at it.

We. Together. Now.

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