A judgment with consequences: Look for solutions, but don’t panic
14. July 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 ruling 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 assessing dependent employment – nor is the fact that the flight captain 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.
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