Facts
In November 2014, the Compensation Fund of the Canton of Zurich rejected the application of A. for affiliation as a self-employed psychotherapist in a secondary occupation, as she was to be qualified as a dependent employee. The Institute X., where A. is employed, filed an objection against this ruling. The Social Insurance Court of the Canton of Zurich granted the institute's appeal and determined that A.'s activity as a psychotherapist constitutes a self-employed occupation.
The Compensation Fund subsequently filed an appeal with the Federal Supreme Court, requesting the reversal of the lower court's decision and the confirmation of its objection decision. The Federal Supreme Court upheld the appeal.
Considerations
According to case law, the question of whether self-employment or dependent employment exists in a particular case is not determined by the legal nature of the contractual relationship, but by the economic circumstances. The decisive factors are the operational or organizational dependence and the entrepreneurial risk.
The Federal Supreme Court concluded that the activity exercised by A. as a psychotherapist at Institute X. predominantly exhibits characteristics of dependent employment. Although A. does not bear a specific entrepreneurial risk, she is highly…