The black‑red coalition still needs time to arrive at a final solution for the uncertain legal status of freelance teachers at music schools. According to the “Tagesspiegel”, citing coalition circles, the transitional rule that follows the so‑called Herrenberg ruling will be extended until the end of 2027. This gives music schools, adult‑education centres and other organisations that hire freelance staff a chance to breathe.
At the same time a working group has been set up. Based on a concrete draft from the Federal Ministry of Labour-and with close involvement from the coalition parties-it will craft a long‑term solution. The aim is to provide quick clarity for those affected and to develop a sustainable perspective.
The core issue concerns the legal status of teachers at music schools and similar institutions such as Volkhöchschulen (adult‑education centres) or private institutes. Many have traditionally worked on a fee‑basis as independent contractors. In 2022, however, the Federal Social Court (Bundessozialgericht) issued the Herrenberg ruling, which made it clear that if teachers are integrated into organisational and administrative processes, the employment is considered a dependent relationship.
This raised the risk of hundreds of thousands of people suddenly falling into illegal “phantom self‑employment”. Conversely, the judgment could improve the position of those who wish to be permanently employed but have not been able to secure that status. After the “rainbow” coalition broke up-before the new elections and with the votes of SPD, Greens and the Union-a first transitional rule was established and is now being extended. Until now and going forward, the transitional rule can only be applied if both contracting parties agree.