The problem: bogus self-employment and pension insurance
According to the current legal situation, German pension insurance considers many solo self-employed persons - including freelance flight instructors - to be bogus self-employed if certain criteria are met. These include, among others:
- Working for only one or a few clients
- Being bound by instructions when carrying out the work
- Integration into a company's operational processes
- Lack of own social security cover
As soon as the DRV establishes bogus self-employment, there is a risk of substantial additional contribution claims - often in the five- or six-figure range. As many flight schools employ their flight instructors as freelancers, they are also targeted by the authorities and face high financial risks.
Court decisions confirm DRV interpretation
Various court cases in recent years have strengthened the position of the pension insurance scheme. In several cases, social courts have ruled that freelance flight instructors are de facto employees and therefore subject to social security contributions.
These judgements have serious consequences for many of those affected: Flight schools must either make high additional payments or take on the flight instructors as permanent employees - a model that is not economically viable for many small and medium-sized flight schools.
Why is this a problem for general aviation?
Freelance flight instructors are the backbone of pilot training in Germany. Without them, the operation of many flight schools would hardly be possible, as it is often not financially feasible to employ flight instructors on a permanent basis. The current legal uncertainty has several negative consequences:
- Decrease in available flight instructorsMany qualified instructors give up their jobs or move abroad, where freelance work is clearly regulated.
- Closure of flight schoolsSmall and medium-sized flight schools cannot bear the financial risks and are ceasing operations.
- Endangering the training of young talentIf there are fewer flight instructors, the training costs for prospective pilots will rise - with negative consequences for the aviation industry as a whole.
The BAGSV petition: demand for clear positive criteria for self-employment
To solve the problem, the BAGSV is in favour of a fundamental reform of the status of the self-employed. A central demand is the introduction of clear positive criteriawhich clearly define a self-employed activity and thus ensure legal certainty.
This is where the new petition "Legalise freelancing - reform bogus self-employment". It calls on politicians to develop practicable solutions on the basis of position papers from the BAGSV, the Association of Founders and Self-Employed Persons in Germany (VGSD) and the digital association Bitkom implement.
The aim of the petition
- Clear and practical definition of self-employment
- Legal certainty for solo freelancers and their clients
- Abolition of the blanket assumption of bogus self-employment
- Avoidance of additional claims that threaten the existence of the company
What can everyone do?
AOPA-Germany calls on all affected and interested persons to actively support the petition:
✅ Sign the petitionEvery signature strengthens the demand for a just solution.
✅ Share the petition in your networksThe more attention the issue receives, the greater the political pressure.
✅ Speak directly to politicians about thisLegal changes are necessary - and they will only come about through political will.
Click here for the petition: Legalise freelancing - reform bogus self-employment
Conclusion: A reform is urgently needed
The current uncertainty regarding bogus self-employment threatens the future of many flight instructors, flight schools and ultimately general aviation in Germany. Without clear legal regulations, it will become increasingly difficult to retain qualified instructors in the industry and ensure high-quality pilot training.
It is therefore crucial to advocate for reform - not only for those affected, but for the entire aviation community - to ensure a safe and smooth transition.
Source references:
AOPA
