Persisting Unease Among Music Educators in Berlin
Freelance Music Teachers in Berlin Face Challenges in Pursuing Permanent Employment
The employment status of freelance music teachers in Berlin has been a topic of contention, with the recent Herrenberg ruling offering some hope but also introducing new complexities.
The Herrenberg ruling, a decision by the Federal Social Court, granted an employment relationship to a music teacher at a municipal school. This ruling has had significant implications for freelance music teachers in Berlin, as they seek permanent employment. However, the implementation of this decision has been delayed due to an uncertain nationwide legal situation and tight budgets.
One teacher, who has been teaching at a local music school since 1999, recently had their contract terminated, effective September 30, 2024. The Berlin Labor Court rejected their application for the determination of an employment relationship. This rejection complicates the transition from freelance status to permanent employment, as it underlines the strict controls in place for freelance work.
To obtain a residence permit for freelance work in Berlin, the occupation must be considered self-employed in an academic, artistic, or teaching profession and expected to have a positive economic or cultural impact. Applicants also need to demonstrate an adequate pension plan, either a monthly pension of about €1,565 for at least 12 years or assets of €225,364, to qualify for a permanent settlement permit. Adequate German health insurance is obligatory, as foreign coverage is generally insufficient.
Freelance music teachers can apply for membership in the Künstlersozialkasse (KSK), which manages social security contributions for creatives in Germany. However, eligibility criteria mandate active freelance status in the creative field, a minimum income threshold, and limits on employment of others. Membership in KSK grants access to health insurance and pension coverage but requires strict compliance with these rules.
Court rejections often relate to challenges in proving the cultural or economic impact of freelance work, income sufficiency, or pension coverage compliance for permanent residency. These rejections complicate the transition from freelance status to permanent employment or settlement. Legal advice and careful documentation of freelance activity and income are crucial in appeals or reapplications.
Given the complexity and risks, some may seek employment through third-party Employer of Record (EOR) services, which handle employment contracts, payroll, tax, social security, and legal compliance on behalf of workers internationally. This might simplify the transition from freelance to more standard employment by circumventing some bureaucratic hurdles linked to self-employment status.
Despite these challenges, around 80 percent of music teachers in Berlin indicated that they wanted to be permanently employed. Berlin music schools are required to hire their freelance teachers by 2026. However, the Berlin Senate has not provided adequate support for the hiring of freelance music teachers by the given deadline, leading to uncertainty in the implementation of permanent employment for freelance music teachers in Berlin.
In conclusion, freelance music teachers in Berlin aiming for permanent employment must navigate stringent administrative and legal requirements involving residence permits, KSK eligibility, pension plans, and health insurance. Court rejections reflect these strict controls and underline the importance of meeting all criteria thoroughly to succeed in obtaining permanent status. Support from legal experts familiar with freelance artists' immigration and social security law is advisable.
- In Berlin, freelance music teachers are not only dealing with the challenges of securing permanent employment but also encountering complexities due to the Herrenberg ruling and uncertain legal situations.
- As freelance music teachers strive for permanent employment, they find themselves engaged in various activities such as fashion-and-beauty, education-and-self-development, and entertainment, all while managing the complexities of their lifestyle.
- Some freelance music teachers, in response to the challenges faced in obtaining permanent employment, have sought alternative routes, like engaging with third-party Employer of Record (EOR) services for a more standard employment structure in the fashion-and-beauty, entertainment, or education-and-self-development industries.
