Classification of Refereeing for the DFB: No Establishment of an Employment Relationship
With a judgment dated May 2, 2025 (Case No.: 4 Ca 2061/24), the Labor Court of Bonn determined that referees working on behalf of the German Football Association (DFB) are not in an employment relationship with the association. The case raises fundamental questions about the labor law qualification of organizational roles in professional sports – particularly regarding the distinction between service and employment relationships, the applicability of employee protection regulations, and the legal status of voluntary and paid activities within sports associations.
Key Aspects of the Decision by the Labor Court of Bonn
Presentation of Facts and Course of Proceedings
In this case, a referee sued the DFB with the aim of establishing an employment contract. The core of the argument was the substantial adherence to the instructions and regulations of the association, as well as the compensated performance of refereeing duties in league operations. According to the plaintiff, the scope, structure, and intensity of the activity established a personal dependency and thus an employee status (§ 611a BGB). The DFB denied the presence of the prerequisites of an employment contract; the organization takes place within the framework of a volunteer activity, and compensations represent expense allowances.
The court rejected the classification as an employee in this specific case and dismissed the lawsuit. The decision focuses on the legally relevant criteria of personal dependency, integration into the association hierarchy, and the presence of instruction rights.
Decisive Criteria for an Employment Relationship According to § 611a BGB
In Germany, an employment relationship is characterized by comprehensive personal dependency and the presence of the employer’s right of instruction. The court deemed these characteristics as not present for the referee at the DFB. In particular, the Labor Court emphasized the organizational independence of the referee in the context of game management:
- Dependency on Instructions: The conduct of game management is not subject to direct, individual instruction by the DFB during deployment. Requirements are limited to neutrally defined regulations such as the referee ordinance, the schedule, and binding framework schedules, but not to influencing the actual decision-making in the game.
- Integration: Although the referee is subjected to the processes of game operations, there is no integration into a fixed operational organization of the DFB. It lacks a typical workplace integration as is usual in employment relationships.
- Remuneration and Remuneration Structure: The payment of expense allowances or fees for individual assignments indicates a freelance service relationship, as there is no monthly fixed remuneration due to a continuous obligation relationship.
Position of Voluntary and Paid Workers in Sports Law
The judgment follows an established line of case law regarding the labor law qualification of sports officials and executives. The contractual relationships with referees in professional football are generally based on a service basis or in the form of voluntary activity with small expense allowances. Therefore, the application of protective norms for employees does not primarily depend on compensation but on the question of whether personal and economic dependence is created.
The Labor Court classified the claimant’s activity as a freelance service relationship. An activity cannot be viewed as an employment relationship, especially when – as in the case of referees – significant degrees of freedom remain in execution and they are not subject to fixed instructions regarding time, place, or content of their service.
Overview of Significance and Legal Consequences
The decision of the Labor Court of Bonn is suitable to provide guidance beyond the individual case for distinguishing between employment and service relationships in the sports context. The classification has far-reaching consequences, such as with regard to protection against dismissal, social security obligations, and the application of mandatory labor protection instruments.
Further Considerations on Labor Law Classification in the Sports Sector
Boundary Issues with Non-Typical Organizations
Associations and organizations in the sports sector often exhibit peculiarities. In the labor law assessment of contractual relationships – for example, with referees, trainers, or officials – an individual case examination based on the actual arrangement is always decisive. The assignment of different competencies and areas of responsibility, contractual arrangements, as well as the content and intensity of possible instruction ties, must be carefully analyzed.
Implications for Companies and Stakeholders in Sports
For economically active stakeholders – such as marketing companies, sponsors, or sports associations – the judgment of the Labor Court of Bonn clarifies that even professional referees are not automatically classified as employees of the association or league. This limits potential social security and labor law risks, such as related to mandatory contributions or claims from protection against dismissal.
At the same time, it must be considered that the actual circumstances of the contractual relationship and its practical execution are always of decisive importance. Changes in the scope of activities, increased control by the association, or fixed monthly remuneration could in the future lead to courts making a different assessment in individual cases.
Concluding Remarks
The labor law classification of referees in national and international sports remains a complex and highly case-dependent issue. The current judgment of the Labor Court of Bonn confirms the stance of not viewing referees at the DFB as employees in the classical sense but as freelance service providers. This highlights the importance for companies and associations in the sports sector to carefully structure their contractual models with officials and executives. For further questions on distinguishing between employment and service relationships in sports – or for comprehensive labor law arrangements – a detailed legal review is recommended. Individual advice from experienced labor law experts is available from MTR Legal under the following link: Legal Advice in Employment Law.
