Against pseudo-independence - postponement for honorary staff at music schools according to judgment
In the struggle for a solution for music school instruction following a ruling on honorary staff, the state government has achieved a postponement. "We managed to reach a moratorium with the German Pension Insurance in the first step, which initially lasts until mid-October", explained Culture Minister Bettina Martin (SPD) on Thursday in response to an inquiry from the German Press Agency.
"Therefore, everyone can first go on summer vacation without worrying about the start of the new school year in September", Martin explained. "The interim period will now be used to develop sustainable, long-term solutions."
Scheinselbstständigkeit in Music Schools
In a judgment of the Federal Social Court from 2022 (Az.: I ZR 107/22), the issue concerns the prevention of sham self-employment and the payment of social insurance contributions. The concrete case involved a music school teacher in Herrenberg (Baden-Württemberg), who taught as an honorary employee in the rooms of the local music school and was integrated into its operations.
The courts saw this as a case of sham self-employment. Many music schools engage honorary employees in this way.
Appeal letter to State Parliamentarians
The Music Schools Association in MV wrote a letter of appeal to the parliamentarians on Tuesday and asked for help. The judgment obliges all employers of music schools to employ teachers compulsorily insured. "This leads to unexpectedly high additional expenses, which the municipalities were not prepared for in their budget planning", it says in the letter, which the German Press Agency has access to.
According to the association, a third of the entire offering at the music schools is in danger, and higher parent contributions are threatened. The association represents the 15 state-recognized music schools in MV.
The CDU wanted to put the topic on the agenda of the Landtag session on Thursday as a matter of urgency, but failed due to the opposition of the red-red government coalition.
Fixed positions and higher subsidies in Rostock
The Hanseatic City of Rostock has already increased the grant to the free Music School Carl Orff from 360,000 to 394,000 Euros in response to the Herrenberg judgment in 2023, as a city spokesperson announced. For this year, 510,000 Euros were therefore granted.
"These increases are exceptionally high for the cultural promotion sector", the spokesperson said. "We consider it necessary that the state of Mecklenburg-Vorpommern contributes more than before to financing." At the city conservatory, 10 additional positions have been created for initially two years. The majority of hours of free workers have been converted into regular employee hours.
According to the spokesperson, employees at adult education centers, vocational training, and sports may also be affected by the judgment. However, it is not yet clear how the German Pension Insurance will handle the issue, the spokesperson said.
- The postponement in the dispute over music school instruction in honorary positions, as stated by Bettina Martin, provides a respite for all parties involved until mid-October.
- The German Press Agency reported that Bettina Martin, the Culture Minister in Baden-Württemberg, highlighted the importance of this moratorium for avoiding unnecessary worries during the summer break and school vacation.
- In the case of a music school teacher in Herrenberg, the Federal Social Court ruled in 2022 that their position represented sham self-employment and required social insurance contributions.
- This judgment has implications for music schools across Germany, with honorary employees and their employers now facing unexpected financial burdens.
- Confronting these challenges, the Music Schools Association in Mecklenburg-Vorpommern issued an appeal to local parliamentarians, citing unexpectedly high additional expenses for municipalities as a result of the ruling.
- The letter from the association warned that a third of the entire offering at the music schools could be in jeopardy, potentially triggering higher parent contributions.
- In response to the Herrenberg judgment, the Hanseatic City of Rostock increased funding for its Music School Carl Orff, a move designed to support fixed positions and higher subsidies to maintain operational stability.
- SPD member Bettina Martin, now in a central role in wrangling with these issues at the state level, may yet find herself needing to navigate further judgments and financial challenges relating to music schools' finances and staffing arrangements.
