Police in Schleswig-Holstein: overtime at record levels!

In Schleswig-Holstein, the number of police overtime hours has increased again. Loud NDR At the end of October 2024, the number of overtime hours was around 500,000, which corresponds to the equivalent of over 300 jobs. More than 528,000 overtime hours have already been registered in 2023. The music schools in Schleswig-Holstein are also facing challenges due to the Herrenberg ruling, as they are obliged to employ teachers as permanent employees.

The proportion of permanent employees in music schools is currently around 60%. The aim for 2025 is to increase this proportion to over 90%. In 2023, almost 800 freelancers worked at around 500 music school locations. However, this move towards permanent positions could lead to increased costs for the providers, including the state, districts and municipalities, as well as for teaching.

Reactions to the Herrenberg verdict

The reactions of music schools to the Herrenberg ruling vary. Some institutions are trying to hire permanent staff, while others are waiting to see the situation. Private music schools are also struggling to raise fees or apply for funding. Waiting could be seen as risky. There are various legal avenues for legal action for fee-based contracts: A complaint to the labor court can seek to establish a dependent employment relationship, while a social court ruling leads to the examination of social security contributions.

The Herrenberg ruling represents a case-by-case decision and is not comparable to a draft law. However, music schools are expected not to have to make permanent appointments immediately, even if there are risks involved. In the past, employers have often negotiated unfavorable terms in fee contracts. In the event of a negative labor court ruling, employers are obliged to employ a permanent employee; In the event of a social court ruling, repayment obligations apply retroactively for up to four years. This requires employers to rethink the clauses in fee contracts.

Ignoring the requirements could lead to serious legal problems, such as intentional social security fraud. In the worst case, this provides for repayments of social security contributions over up to 30 years. With a maximum term of one year for fee-based contracts, new contracts are also required. Associations such as the VdM have reconsidered their stance on the use of fee-based contracts after the ruling, and Ver.di has always advocated permanent positions. It remains unclear whether music schools will have to pay social contributions retroactively and what the legal consequences of these decisions will be.