Police in Schleswig-Holstein: overtime at a record level!

in Schleswig-Holstein, the number of overtime has risen again with the police. According to ndr the number of overtime was around 500,000 at the end of October 2024, which corresponds to an equivalent of over 300. In 2023, more than 528,000 overtime hours have already been registered. The music schools in Schleswig-Holstein also see challenges due to the Herrenberg judgment because they are obliged to employ teachers as permanent employees.

Currently, the proportion of permanent employees in the music schools is around 60 %. For 2025, the aim is to increase this proportion to over 90 %. In 2023, almost 800 fee workers worked at around 500 locations in the music schools. However, this step towards permanent positions could lead to increased costs for the sponsors, including land, circles and municipalities, as well as for teaching.

reactions to the Herrenberg judgment

The reactions of the music schools to the Herrenberg judgment are different. Some institutions try to determine honorary forces while others wait for the Situation. Private music schools also fight to increase fees or apply for funding. Waiting could be assessed as risky. There are various lawsuits for fee contracts: A lawsuit at the labor court can strive for a dependent employment relationship, while a social court judgment leads to the examination of social security contributions.

The Herrenberg judgment represents an individual decision and is not comparable to a draft law. However, the music schools expect that they do not have to make permanent positions, even if there are risks in the room. In the past, employers have often negotiated unfavorable conditions in fee contracts. In the case of a negative labor court judgment, employers are obliged to employ a permanent employee; In the case of a social court ruling, repayment obligations for up to four years are retrospectively. This requires employers to rethink the clauses in fee contracts.

Ignoring the requirements could lead to serious legal problems, such as deliberate social security fraud. In the worst case, this provides for repayments of social security contributions over up to 30 years. With a duration of a maximum of one year for fee contracts, new contracts are also required. Associations such as the VDM have reconsidered their attitude to the use of fee contracts after the judgment, and ver.di has always spoken out for permanent positions. It remains unclear whether music schools have to pay social contributions retrospectively and how the legal consequences of these decisions will be.