Self-employment of truck drivers - a long runner !

Two further important decisions of the Landessozialgericht (LSG) Baden-Württemberg on liability for social security contributions of transport companies

In two important decisions (L 5 R1899/14 and L 10 BA 537/18), the Landessozialgericht Baden-Württemberg (Baden-Württemberg Regional Social Court) ruled that bogus self-employment also exists if a truck driver drives on the truck of a transport company and also uses his own vehicle for the same client.

In addition, the court confirmed that a false self-employment must always be assumed if the driver is provided with a vehicle including fuel, insurance, take-over repairs etc. and works full-time for the client.

In one of the cases it was also the case that the owner of the transport company acted as a straw man for the husband who was actually acting and that she was nevertheless called upon by the social insurance institutions to pay social insurance contributions etc..

These constellations, which are often encountered in the haulage industry, show that especially if these facts are anonymously reported by third parties or disclosed in the context of the termination of the business relationship, this can lead to considerable financial burdens for the "ordering" company.