Kassel Federal Social Courtroom: nursing houses should not make use ofhonorary workers

As a basic rule, nurses shouldn't work as self-employed at dwelling. Even with corresponding contracts, they're usually thought-about dependent and due to this fact topic to social safety. That determined Friday the Federal Social Courtroom (BSG) of Kassel. Because of this nursing houses can not fill workers shortages with unbiased nurses.






The reasoning of the courtroom: For assistants, it's often dependent staff. Though nurses labored largely independently, "however this can't and can't be simply closed to self-employment," mentioned Rainer Schlegel, president of BSG. (AZ B 12 R 6/18 R)



As a result of critical scarcity of nurses, lately educated nurses have more and more provided their work by way of charge contracts. Consequently, they have been ready to decide on a portion of their hours of labor and their areas of employment, in addition to considerably increased hourly wages. The German pension insurance coverage thought-about that it was nonetheless a "non-independent work" topic to social safety.


As determined by GSO, that is usually appropriate. Bills in retirement houses needs to be distinctive, given the necessities of the contract of care and residential care.



The argument "workers scarcity" doesn't apply



The background was the grievance of a residence for the aged in Radolfzell, on the shore of Lake Constance. Between November 2012 and January 2013, she had employed a state-recognized geriatric nurse on a number of events for six to 10 days, as an honorary worker. The wage was about two and a half instances that of the workers, however also needs to embody the "personal profit", reminiscent of medical health insurance and previous age profit.


The home was referring specifically to the Pflegenotstand. Staffing wants couldn't have been coated in another way. By the way, certified nurses would work largely independently. The Kassel judges, nevertheless, dominated that the scarcity of workers couldn't upset social laws. Even by imposing surtaxes on wages, employers might "purchase again the social obligation".




Though the geriatric nurse was capable of arrange his work hours largely, he was finally built-in into the work record and processes of the house and the related group of staff.


Already Tuesday, the federal social courtroom had determined that forensic docs in clinics weren't thought-about unbiased. Whereas docs are usually exempt from the pension and infrequently additionally from the medical health insurance obligation, nursing houses should now count on appreciable further necessities.