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Herrenberg judgment versus cultural education? | verbaende.com

(Berlin) – . The German Cultural Council has passed a resolution on the topic of “Legal certainty for education providers and future financial resources for cultural education”. With this resolution, the German Cultural Council positions itself in the debate about paid staff in educational work.

The trigger for the statement was the so-called Herrenberg judgment from 2022. This concerns the distinction between dependent employment and self-employment in educational work. In May 2023, the social insurance providers agreed on the “insurance assessment of teachers and lecturers”. The German Cultural Council has now taken another position on this.

• The German Cultural Council is calling for no additional payments from cultural education providers and further education institutions in an orderly transition process until the end of 2026.

• A delay of at least two years is also required so that additional funds can be allocated for cultural education in the budgets to maintain the status quo. Future programs to strengthen cultural education must be provided with sufficient resources for staff and financially supported in such a way that social security aspects can be taken into account.

• The German Cultural Council states that the high quality of educational offerings in the cultural sector is also characterized by specialized specialists who teach on a fee basis. Legal certainty must be achieved here for educational providers and freelance workers in the cultural sector.

The managing director of the German Cultural Council Olaf Zimmermann said: “The so-called Herrenberg judgment has led to great uncertainty among providers of cultural education and further training. The judgment will result in significant changes in the employment relationships of these providers. Implementation requires sufficient time, appropriate financing and – very importantly – long-term legal certainty for all sides.”

Source and contact address:

German Cultural Council eV, Chausseestr. 10, 10115 Berlin, telephone: 030 226 05 28-0, fax: 030 226 05 28-11

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