• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
ITMediaLaw - Rechtsanwalt Marian Härtel
Warenkorb
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel
Home Labour law

Minimum wage for help in esports, streams or news portals

26. March 2019
in Labour law, Esport and politics, Esport Business, Law and Esport
Reading Time: 3 mins read
0 0
A A
0
case 96184 1280

In recent months, I have often been critical of issues that I consider to be very problematic in the areas of esports, streaming and the editorial assistance of esports or game testing portals. For the occasion, today a small trip on the subject of the minimum wage.

Most people who do not regularly deal with payroll, taxes, or other human resources issues are likely to underestimate the actual reach of the Minimum Wage Act.

In esport, it is probably the rule rather than the exception that someone works for a team (or whatever legal construction is behind it) for free. Be it as a graphic designer, as a social media manager or as a player. The same should apply to hobby-driven news sites, streams or YouTube channels and similar projects. However, if you look at the legal situation, this can quickly become a boomerang for the – legal – operators. Often the whole thing is even described flowery with volunteering, hobby activities or the like. The fact that as a rule only registered associations, and then only members, can offer honorary offices is therefore gladly forgotten. It is true that the Minimum Wage Act excludes volunteers in Section 22 III. However, volunteering does not become an activity because it is simply described in this way. In most judgments, the distinction between voluntary work and employment relationship is determined whether the activity of the volunteer is not characterised by the expectation of an adequate financial contribution, but by the will to common good. Even if the demarcation here is heavy and vague, the legislative intention to exempt honorary positions should not, as a rule, be applied to an esports team, to an editor of a game test magazine or to the employee of a streamer. applying. A partnership and even more so a corporation cannot offer voluntary work in principle.

In very many cases, employment relationships within the meaning of Section 611a of the German Civil Code (BGB) are also likely to exist, since in one way or another there is a binding authority, whether by the editor-in-chief of a magazine, the “managing director” of the esport team or other persons.

Therefore, if the exceptions of Section 22 I MiLoG

 

1. undertake an internship on the basis of a school law provision, a training regulations, a provision of higher education law or in the context of training at a statutory vocational academy;

2. provide an internship of up to three months to guide vocational training or to start a course of study;

3. provide an internship of up to three months accompanying a vocational or higher education, unless such an internship with the same trainee has previously existed, or

4. participate in an entry qualification pursuant to Section 54a of the Third Book of the Social Code or in a vocational training preparation in accordance with Sections 68 to 70 of the Vocational Training Act

and if an activity should be qualified by way of service contract and not as a work contract or GbR, the scope of the Minimum Wage Act is likely to be in place.

This could quickly lead to someone moderating a forum for an esport team, managing tournaments for a league, writing news on a scene portal or doing other activities, even after working, purely legally, enforcing their minimum wage entitlement. Could. This is particularly true since the minimum wage cannot be circumvented by agreements or forfeited by ‘workers’. Also in kind, such as games, voucher codes, trade fair entrances, hardware or other – non-monetary – consideration does not usually change this circumstance. In addition, the minimum wage must be paid from the first hour of an activity. Young people are usually covered by the Minimum Wage Act, unless they are an education.

I don’t want to scare anyone, but the risk is there. Of course, many projects can go well, you get along and create something together. However, if there is a dispute, then a potential employee can make additional claims for a long time.

In the best case, therefore, one is only confronted with a supplementary claim of an employee, which is normally accompanied by social security costs. In the worst case, such points are noticeable in the context of audits or reports by employees, which can lead to fines or even criminal consequences.

There are many ways to avoid this problem by formulateing agreements and/contracts accordingly. I can advise on these options and thus minimise the risk.

By the way: Of course, the topic applies to many other similar constellations and subject areas. If someone provides services of any kind for someone else and is neither a freelancer, self-employed person or co-partner (in whatever form), the Minimum Wage Act is usually applicable.

 

 

 

 

Tags: ContractCorporationEmploymentEmployment relationshipEsportEsportsForumFreelancerFreelancerInterestJudgmentKILawLigaPortalPortalCommissionRegulationResourceSicherheitSocial securityTestTestJudgmentsVerträgeWorkersYouTube

Weitere spannende Blogposts

Financing through tokenized profit participation rights in the esports and games sector

Financing through tokenized profit participation rights in the esports and games sector
7. November 2022

I've been a little less active here on the blog this past month. The reason is my work for two...

Read moreDetails

Esports facilities and alcohol?

Esports facilities and alcohol?
17. July 2019

Even if esports men are more likely to be the energy drink consumers, locations such as esports bars or LAN...

Read moreDetails

LG Munich: Affiliate links must be sufficiently identified!

LG Munich: Affiliate links must be sufficiently identified!
29. July 2019

Important verdict Recently, the Higher Regional Court made a highly interesting ruling on the issue of labeling affiliate links (see...

Read moreDetails

Financial benefits against Facebook Like is anti-competitive

Customer reviews through sweepstakes? Warning!
7. November 2022

In the meantime, there have been numerous rulings on the question of whether it is permissible to grant customers benefits...

Read moreDetails

Freelancer – Danger of the client’s claim to enrichment in the case of bogus self-employment

Freelancer – Danger of the client’s claim to enrichment in the case of bogus self-employment
7. November 2022

Ohweia: Federal Labor Court: If a supposedly freelance employment relationship subsequently turns out to be an employment relationship, it cannot...

Read moreDetails

Copyright infringement by framing? The ECJ please!

copyright
25. April 2019

The Federal Court of Justice currently has to decide whether a collecting society may make the conclusion of a contract...

Read moreDetails

“Gaffer” photos and upskirting soon a criminal offense

13. November 2019

The Federal Cabinet today approved the draft law on the improvement of the protection of privacy in image recordings, presented...

Read moreDetails

Choice of law clause: Be careful when formulating

Working abroad in the EU? Do not forget A1 certificate!
19. February 2019

Time and again I see uncleanly formulated legal choice clauses in terms and conditions of online shops or other services....

Read moreDetails

Broadcasting State Treaty and Esport Streams?

Broadcasting State Treaty and Esport Streams?
20. November 2018

Over the past year, there has been a lot of discussion in the games industry about whether professional YouTubers or...

Read moreDetails
law 1898974 1280

Foreclosure

29. March 2025

Definition and purpose of compulsory enforcement Compulsory enforcement refers to the state-regulated procedure by which a creditor can enforce his...

Read moreDetails
Duty to reprimand

Duty to reprimand

16. October 2024
Mediation

Mediation

16. October 2024
Crypto-Asset Reporting Framework (CARF)

Crypto-Asset Reporting Framework (CARF)

9. February 2025
Trade Regulation Act (GewO)

Condiction

1. July 2023

Podcast Folgen

eda7ba83 c559 4e68 8441 41159a0751f3

Blitzskalierung und rechtliche Herausforderungen: Der Balanceakt für Startups

20. April 2025

In dieser Episode sprechen Anna und Max über die rechtlichen Herausforderungen von Blitzskalierung und disruptiven Geschäftsmodellen. Am Beispiel von Plattformen...

Rechtskette beim Spieleentwickler

Rechtskette beim Spieleentwickler

19. April 2025

In dieser kurzen Episode diskutieren Anna und Max die Bedeutung der Rechtekette im Game Development – ein zentraler Aspekt für...

7c0b449a651fe0b81e5eec2e23515012 2

Urheberrecht im Digitalen Zeitalter

22. December 2024

In dieser aufschlussreichen knapp 20-minütigen Podcast-Episode von und mit mir wird das komplexe Thema des Urheberrechts im digitalen Zeitalter beleuchtet....

Startups und Innovation in Deutschland – Herausforderungen und Chancen

Startups und Innovation in Deutschland – Herausforderungen und Chancen

25. September 2024

In dieser aufschlussreichen Podcast-Episode wird ein tiefgreifender Blick auf die Startup- und Innovationslandschaft in Deutschland und Europa geworfen. Die Diskussion...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung