Self-employed trainers have had a solid and proven tradition in the fitness and health industry for many years. At the same time, there were always different opinions between those involved about their social security status. While fitness companies and trainers assumed that they were self-employed, the German pension insurance often assessed the situation differently.
As a result, fitness companies were regularly audited and were numerous status determination procedures were carried out. Due to a lack of transparency and different interpretations of the criteria, there are sometimes serious problems for employers and employees in the fitness industry existential risks.
In order to minimize these risks, the recommends DSSV e. V. For many years, its members have only used independent trainers whose status is confirmed by the German pension insurance was identified and confirmed.
A further tightening occurred in June 2022 through the so-called Herrenberg judgment of the Federal Social Court. On this basis, the German pension insurance adapted its testing practice. Politicians responded to this with a temporary transitional regulation in the Social Security Code (Section 127 SGB IV), which was intended to provide time until 2027 for the development of a legally secure new legal regulation.
The DSSV e. V., Europe’s largest employers’ association for fitness and health facilities, warns significant economic and structural damageas there is currently no draft bill for this new regulation. Although the transition period began on March 1, 2025, there is no concrete legislative proposal in sight at the halfway point. For this reason the DSSV has one Incendiary letter to the Federal Ministry of Labor and Social Affairs as well as to the responsible person Federal Minister Bärbel Bas sent.
“Despite repeated and urgent inquiries from us and the Confederation of German Employers’ Associations (BDA), no serious activity by the Federal Ministry of Labor and Social Affairs has yet been identified. This approach is grossly negligent.”
Prof. Dr. Thomas Wessinghage, 1st Chairman of the DSSV e. v.
The association fears that a later draft will actually make it impossible for the affected associations to participate properly. This would contradict the principles of good legislation and endanger the trust of companies and the self-employed alike.
In its fire letter, the DSSV demands one Extension of the transitional regulation as well as the zPrompt development of a practical legislative proposalin order to avoid legal uncertainty and job losses. At the same time, the association signals its willingness to discuss a practical and legally secure solution.
date: 2026-02-09 20:35:00
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