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Federal Constitutional Court dismisses physiotherapist from Bremen
Karlsruhe (jur). The social courts rightly assigned them to the group of "nurses in nursing", as the Federal Constitutional Court ruled in a decision of April 25, 2016 published on June 16, 2016 (file number: 1 BvR 1147/12).
It rejected a physiotherapist and physiotherapist from Bremen, who has been working freelance in her profession since 1983. In 2005 the Deutsche Rentenversicherung Bund determined that it was compulsorily insured and requested contributions. The lawsuit against this was unsuccessful.
According to the Social Code, in addition to employees, several groups of self-employed persons are also subject to pension insurance. This includes "caregivers who work in the nursing, week, infant or child care and who do not regularly employ any employees subject to insurance in connection with their self-employed activity".
With her constitutional complaint, the physiotherapist claimed that she had incorrectly assigned pension insurance and the courts to the group of "nurses in nursing".
The Federal Constitutional Court did not follow that. The Federal Social Court (BSG) in Kassel had broadly covered the area of nursing and included all "auxiliary staff in health care" (most recently BSG decision of January 12, 2007, ref .: B 12 R 14/06 B). The BSG assumed that the freelancers in the healthcare system were particularly worthy of protection, including the freelance physiotherapists. The Karlsruhe judges found that this interpretation of the law was admissible and unobjectionable. two