German Football Linesmen Are Self-Employed, Top Labour Court Rules
Published on 07/22/2026 at 13:34 | Redaktion boerse-global.de
Assistant referees officiating in Germany’s third-tier 3. Liga are not employees but independent contractors, the Federal Labour Court (BAG) has decided. The ruling, issued on 3 December 2025 (case reference 9 AZB 18/25), hinges on the absence of any binding direction from the football association.
Judges in Erfurt found that the German Football Association (DFB) cannot unilaterally assign linesmen to matches. Instead, each appointment requires mutual agreement. Without that element of instruction, the court reasoned, the legal basis for an employment relationship collapses.
No fixed pay, no organisational integration
A second key factor was the compensation model. In the 3. Liga, assistant referees receive no base salary. They are paid per game, with no guaranteed income. Unlike typical employees, they are not embedded in the association’s operational structure.
The BAG concluded this arrangement clearly constitutes self-employment. The association does not dictate where, when or how the assistants work — they actively consent to each assignment.
Bundesliga could be different
The court deliberately left open the question for Germany’s top two divisions, the 1. and 2. Bundesliga. And for good reason.
In those leagues, some assistants receive fixed base pay. The introduction of the Video Assistant Referee (VAR) adds another layer. Technical oversight during matches creates stricter procedural requirements, leading to greater subordination and organisational integration than in the VAR-free 3. Liga.
Legal experts consider a different verdict for the Bundesliga entirely plausible.
Sports court slams promotion rules
The BAG’s decision arrives amid a broader wave of sports-law disputes. On 20 July 2026, the sports court of the West German Football Association (WDFV) dismissed an appeal concerning promotion regulations.
Judge Helmut Hinz sharply criticised the Football and Athletics Association of Westphalia (FLVW). He ruled that SuS Stadtlohn’s promotion to the Landesliga lacked a sufficient legal basis because a required deciding match was prevented.
Labour law: New obligations for clubs and associations
Beyond football-specific rulings, sports organisations must keep pace with broader employment-law changes.
Since 1 January 2026, Germany’s statutory minimum wage has stood at €13.90 per hour. Anyone classified as an employee is entitled to that rate.
Recent judgments from the European Court of Justice and the BAG have tightened requirements around working-time recording. If an employer prescribes the route or vehicle, travel time between changing work locations counts as paid working time.
There is also a fresh warning on dismissal procedures. In a separate ruling on 20 July 2026 (2 AZR 55/25), the BAG held that employers must try to reach a worker for a statement even while that person is on holiday. Failing to do so risks letting the two-week notice period for a summary dismissal expire.
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