The HR working group of the VPLT has published a paper in which the working group states that it is no longer possible to commission independent sole proprietors in the event industry.
The interest group of independent service providers in the event industry (ISDV) has the following position on this:
First of all, we very much welcome the fact that the VPLT joins the ISDV in stating that a proper commissioning should be established through a work contract.
For us as a professional association of all self-employed service providers, including many self-employed sole proprietors, the "Point of view of the Human Resources specialist group on the assignment of self-employed sole proprietors (SEU) November 2019" represents a transgression that is not only factually incorrect, but also incomprehensible to us.
As an association, we work intensively on the complex issues of work and social affairs, and we advise the ministries and parliamentarians in Berlin with our partners in the Federal Working Group of Self-Employed Associations (BAGSV). Currently in various committees and working groups, on the topics:
· Compulsory social insurance for the self-employed
· bogus self-employment
· Amendment of the status determination procedure.
The ISDV makes demands on politicians, is heard there and involved in work processes for the further development of legislation and administrative procedures. In doing so, we also keep an eye on the current case law on the subject complexes, also outside of our industry. We have followed the legal proceedings cited in the viewpoint of the AK staff of the VPLT from the beginning and have direct insider knowledge of both of them from the processes. The facts on which this is based have an undisputed influence on certain commissioning models that are also common in the event industry. However, the consideration of each individual contractual relationship required by social legislation basically prohibits making general statements about certain professions, activities or even forms of business.
The sentence listed in the conclusion of the above statement,
"The changed judicial situation with a view to the decisions of the BGH and BSG denies that individual entrepreneurs in our industry can be independent contractors as before."
is not only factually wrong, it also discriminates against all entrepreneurs who have chosen the business form of a partnership to carry out their activities.
The social legislation is very clear on this point: the legal form of the company does not determine the status of an assignment. The decisive factor is how the assignment is contractually structured and how it is lived. This includes being bound by instructions as well as being involved in the operational process. In most cases - certainly not in every single case - these points can be solved by means of a serious work contract.
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