The 12th Senate of the Federal Social Court has
decided that fee-based physicians who work in a hospital are
generally not to be considered self-employed but are subject to
social security contributions as hospital employees.
Federal Social Court, June 04, 2019 – B 12 R
11/18 R
On March 27, 2013, the plaintiff, a rural district and operator
of two independent clinics, entered into a contract with the
individual joining the proceedings, a female anesthesiologist, on
the provision of her specialist medical services at the clinics
operated by the plaintiff. The contract expressly stipulated that
the service was to be provided "independently and
personally" and that the person joining the case was
"neither in an employment relationship nor in an employee-like
relationship" to the hospital. In performing her duties, she
would have to comply with the organizational rules applicable in
the hospital and follow the chief physicians' instructions. It
was also agreed that
