Bundesportal | Warning fine procedure of the Künstlersozialkasse in case of violation of duties

More Information

Publisher

Federal Ministry of Labour and Social Affairs

Last update or date of publication

July 7, 2021

Contact

The government service telephone number 115 – your point of contact for questions related to the federal, state and local.

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As an artistically or journalistically self-employed person who is insured under the Artists' Social Insurance Act, you must fulfil certain obligations. The same applies to companies that are subject to the levy obligation under the Artists' Social Insurance Act. The Künstlersozialkasse (KSK) will check whether you have fulfilled these obligations or whether you have acted irregularly.
The KSK can impose a warning fine for a minor administrative offence.
The warning fine includes, among other things:

the breach of duty, i.e. the administrative offence
the amount of the fine
the requirements for an effective warning
information about your right to comment on the charges in writing

The amount of a warning fine depends on the individual case. It can be between EUR 5.00 and EUR 55.00 per offence.
You are not entitled to have the KSK punish a minor administrative offence with a warning fine. The KSK can also initiate fine proceedings and impose a fine.

You do not need to submit any documentation.

Forms: none

Online procedure possible: no

Written form required: no

Personal appearance required: no

Label

Preconditions

The Künstlersozialkasse can impose a warning fine on you under the following conditions:

You are registered with the KSK
- insured or
- operate a business subject to the levy.
you have acted in a slightly irregular manner in accordance with the Artists' Social Insurance Act

As an insured person, you are acting irregularly under the Artists' Social Insurance Act if you intentionally or negligently:

fail to provide information, or provide incorrect or incomplete information, when requested to do so,
do not, incorrectly or incompletely comply with the obligation to provide information or to submit documents when requested to do so, or
fail to comply with the reporting obligation in good time, correctly or in full.

As a company liable to pay the levy, you are acting in breach of regulations under the Artists' Social Insurance Act if you intentionally or negligently:

fail to report the assessment basis for the artists' social security levy on time or correctly,
do not keep records, or do not keep them correctly or completely, or
do not, incorrectly or incompletely comply with the obligation to provide information or to submit documents when requested to do so.

There are no costs for you.

Basis for legal action

§ 36 Künstlersozialversicherungsgesetz (KSVG)

§ 56 Gesetz über Ordnungswidrigkeiten (OWiG)

Legal Remedies

petition for adjudication

Procedure

You will receive a notice of the warning fine without prior notification:

You will find out what kind of irregular behaviour the KSK is accusing you of and the amount of the fine.
- If you pay the warning fine, you thereby agree to the warning.
- If you do not agree with the fine and do not pay it, you can make a written statement about the charges.
- If you do not pay the fine, the KSK can issue a penalty notice without further notification. This also applies if you have made a written statement.

Deadlines

The warning fine must be paid within 1 week after you receive the notice of the warning fine.

Processing time

The Künstlersozialkasse usually concludes the proceedings within 2 to 3 days as soon as you have paid the warning fee on time.