Federal Ministry of Labor and Social Affairs

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Yesterday, the first technical discussion on the status determination procedure according to § 7a SGB IV took place in the rooms of the VBG Berlin.

After we have been working towards this for three years, yesterday the first technical discussion with the Federal Ministry of Labor and Social Affairs on the topic of all topics took place. Also included:

  • Federal working group of self-employed associations (BAGSV), represented by the VGSD, BSW, DDV, DDIM and ISDV
  • Federal Ministry of Labor and Social Affairs (BMAS)
  • Confederation of German Employers' Associations (BDA)
  • Confederation of German Trade Unions (DGB)
  • German cultural council
  • German Federal Pension Insurance (DRV Bund)
  • Central Association of Health Insurance Funds (GKV)
  • Artists' social security fund (KSK)
  • Chairwoman of the Advisory Board of the Artists' Social Insurance Fund
  • Dr Christian Mecke, judge at the Federal Social Court
  • United Services Union (ver.di)

The question was related, among other things, to the effects, functionality and problems of the status determination procedure in the various sectors. The ISDV, represented by Marcus Pohl, was able to contribute a lot: descriptions of the work situation, forms of assignment and lead times for orders, but also the effects of temporary employment on the industry and how the situation of employees compares to the self-employed.

There was a lot of support for our presentations from the KSK, the German Cultural Council and the Advisory Board of the KSK. We complemented each other well in our arguments. A very clear picture has emerged for the BMAS and some new things have emerged, summarized the chairman of the technical discussion of the day. The BDA also supported our presentations and ideas.

The BAGSV was able to raise a point that was not on the list of the BMAS and the DRV. This is the harsh sanctioning of wrong decisions by an entrepreneur with regard to bogus self-employment. In our opinion, it will be very helpful here if criminal proceedings are not threatened immediately if a contractual relationship is subsequently revealed to be an employment relationship during an initial examination. The proportions are wrong here. We also received a lot of encouragement for this, especially from the BDA.

A start has been made. We are in talks and this first technical discussion was constructive and solution-oriented. Marcus entered the interview with reservations. It was difficult to assess how this conversation would go, what ideas there would be on this very complex topic. These reservations have been completely dispelled. The explosiveness has been clearly communicated, as has the impact. The first solution ideas were already on the table.

Nevertheless, a quick solution is not to be expected. The entire political process is currently being slowed down by the basic pension discussion within the governing coalition. It has also become clear that, in relation to bogus self-employment, much depends on the legislation on pension obligations for the self-employed. This is only to be expected after the political summer break in 2020.

Another meeting will take place in November. The BMAS was open to holding further technical discussions on the subject.
We stay tuned. For you, for us, for everyone. We. Together. Now.

Become a member of the ISDV now and help the self-employed to remain self-employed!

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