The problem
In professional sports, the question regularly arises as to whether players, coaches, or even referees are classified as employees (within the meaning of Section 611a of the German Civil Code (BGB)) or whether they are self-employed service providers. This classification has significant consequences, as it determines whether labor law protection against dismissal, continued payment of remuneration in the event of illness, or social security obligations apply.
Employee status according to Section 611a BGB
§ 611a BGB defines employees as persons who, on the basis of a private law contract, are obliged to perform work for another person in accordance with instructions, under external control and in personal dependence. The decisive factor is always an overall assessment of the circumstances of the individual case. Criteria include, in particular, the obligation to follow instructions regarding the time, place, and content of the work, as well as integration into the contractual partner's work organization.
Professional athletes and coaches
In the case of professional athletes, there are often many indications that they are employees. This is particularly true in the context of team sports. The athletes in question are usually obliged to participate in training sessions, follow game instructions, and protect the interests of the club. In addition, they regularly use the club's infrastructure and are in fact in a relationship of dependency. The same applies to coaches. Accordingly, according to the case law of the Federal Labor Court, they are often classified as employees.
Referees in professional soccer
In this context, it is also interesting to consider whether referees qualify as employees. The Cologne Regional Labor Court has recently ruled that referees acting on behalf of the DFB (German Football Association) can, at least potentially, be employees within the meaning of Section 611a of the German Civil Code (BGB) (see Cologne Regional Labor Court, decision of June 16, 2025, Ref. 5 Ta 58/25).
The decisive factor in the court's decision was, in particular, that referees are not allowed to cancel their assignments on individual match days without justification, while the DFB is allowed to refrain from assigning them without justification. The court saw this as an indication of a unilateral relationship of dependency, as is typical for employment relationships. The court also considered the fact that referees can only perform their work in person and that the DFB has a monopoly in soccer as indications of the existence of an employment relationship.
Consequences under labor law
If employee status is affirmed, this has far-reaching legal consequences for professional athletes, coaches, and referees. In particular, athletes have a right to employment, which generally also includes participation in the professional team's training. Other consequences include continued payment of remuneration in the event of illness, statutory vacation entitlements, and extended protection against dismissal and discrimination.
Conclusion
The distinction between self-employment and an employment relationship is (also) a case-by-case decision in the field of professional sports. While players and coaches in team sports are often considered employees, the decision of the Cologne Regional Labor Court could pave the way for referees to also be subject to labor law protection mechanisms in the future. It is therefore advisable to have the legal structure of contracts carefully reviewed in order to avoid disputes later on.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.