A judgment with consequences: Look for solutions, but don’t panic
14. July 2024
July 15, 2024 The recent ruling by the Federal Social Court (BSG) on freelance pilots has caused concern among aircraft operators, but it is important to remain calm and look at the situation objectively. The judgement is specifically tailored to the facts of the case at hand and must therefore be interpreted as a case-by-case decision. It is not unusual for a company’s own operating resources to be a criterion for the assessment of dependent employment – just like the fact that the pilot in question regularly flew for the client. According to discussions with lawyers from our association, the state has a great interest in seeing as many employees as possible in dependent employment relationships. The scope for self-employed pilots is therefore limited by law. Clients and freelance pilots now need to carefully consider how contractual cooperation can be organized in the future. There are solutions that can help in this situation.
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