Honorary anesthesiologist is dependent on employment

LSG Darmstadt sees social security contributions
An hourly hospital-based anesthetist is considered dependent and is therefore subject to social insurance. This was decided by the Hessian State Social Court (LSG) in Darmstadt in a ruling announced on Tuesday, August 22, 2017 (Ref .: L 1 KR 394/15).

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It rejected an anesthetist from Offenbach. He worked for several clinics and was remunerated on an hourly basis.

One of the clinics wanted to clarify and filed a status application. On such a request, the pension insurance checks whether an employee is under social security law as an employee or as a freelance honorary worker.

Here the pension insurance meant that the anesthesiologist was a dependent employee. The hospital must therefore pay contributions to the pension and unemployment insurance.

The doctor disapproved and complained. He has various freedoms and in particular does not have to attend the meetings of the respective surgical team. The refusal of an independent activity would mean a massive restriction of the free practice of the doctors.

But the LSG Darmstadt dismissed the anesthesiologist. He was fully integrated into the work organization of the clinic. So he used their equipment, without which he could not have exercised his activity. The work itself was always coordinated with the clinic. He was closely involved in the organized process of the respective team of doctors and nurses.

His pay also speaks for a dependent employment. Because this was done after hours. The doctor did not have to bear any entrepreneurial risk, according to the LSG in its judgment of 10 August 2017.

Earlier, the LSG Darmstadt had already decided that even a surgical nurse (judgment of 26 March 2015, Ref .: L 8 KR 84/13, JurAgentur-notification of 12 May 2015) and a nurse in a nursing home (ruling dated May 16, 2017, ref .: L 1 KR 551/16; JurAgentur Report dated 13 June 2017) are regularly employed. mwo / fle