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Alleged honorary doctor was dependent employed
(Jur). Hospitals can not easily hire doctors on a fee basis. As soon as they have been integrated into the daily routine of the clinic, they are regarded as employees subject to social insurance, the Lower Saxony-Bremen State Social Court (LSG) emphasized in a ruling announced on Thursday, March 17, 2016 (Ref .: L 2 R 516/14).
In the decisive case, a hospital in Lower Saxony had signed a "fee-based doctor's contract" with a gynecologist for one month. In it an hourly wage of 60 euros was agreed. As a "self-employed", the doctor should provide for her own social security.
Image: magdal3na - fotolia The patients were assigned to the gynecologist. During the treatment, she was then largely free according to their education; in doubt, however, her chief physician had the last word.
In the case of pension insurance, the hospital applied for an examination to see whether the doctor was employed by the social insurance scheme. Other than hoped, the answer was a definite yes. On the other hand, the hospital complained that this was a freelance fee contract.
However, the LSG Celle confirmed the opinion of the pension insurance. Decisive for a freelance or dependent and socially insured activity is the integration into the company. Here, the doctor worked hard as a team with the other employees of the hospital and had been integrated into the overall workflow of the clinic. The fact that she was able to largely determine the nature and sequence of the treatments was customary in view of her position as a doctor in the hospital.
For employment subject to social insurance, it is also stated that the doctor had no entrepreneurial risk to bear. Rather, a fixed hourly rate had been agreed, as it was customary for employees. Except for her work clothes she did not use any own resources. Otherwise, she had to rely fully on the premises and resources of the hospital, argued the LSG in his already published in writing judgment of 16 December 2015. mwo / fle