The industrial law regulates the legal relations between individual employees and employers (individual industrial law), as well as between the coalitions of the employees and employers and between representative bodies of the employees and the employer (collective industrial law).

Bases

Starting point of the industrial law is the work contract, by which the employer-employee relationship is at all only justified. The work contract is embedded into a complex system of adjustments pertaining to labour law by employment agreements, collective agreements, national laws and regulations, as well as by Europeanlegal Richtlinien"´und regulations. Also the Rechtsprechnung by the national courts and the European Court of Justice (EuGH) comes limited a right-setting function.

Employer can be each natural person and each legal entity; the allocation of the term is a little problematic.

Employee is according to the definition of the Federal Labor Court, who is committed to another foreigncertain work instruction-bound for achievement due to a contract under private law in the service in personal dependence. However here numerous delimitation problems and differentiations result.

Thus are not considered training, home-workers, managing directors, commercial agents and free coworkers as employees, although - partly according to express law - certain rules pertaining to labour law are applied also to these person's groups. To the competence of the labor court for example also the law cases of employee-similar persons belong ("§ 5 ArbGG)

At the employees traditionally differentiated between workers and employees, whereby the more physically coined/shaped, the employee the mental and the artistic work was assigned to the workers. This differentiation led allocations to numerous, partly skurrilen. Disputed was for example the (physical or artistic The distinction between workers and employees is today legally only of very small importance, since all substantial differences pertaining to labour law (legal terms of notice, payment, continuation of wage payment, social security-legal treatment etc.) were eliminated. Only in some collective agreements still one differentiates (for instance in some industries with the terms of notice - of the Federal Labor Court anyhow with short times of employment usually for permissible held). Otherwise today same industrial law applies to workers and employees.

A special group, whose allocation released many discussions, are the leading employees, who notice the guide functions in the enterprise below the level of the entrepreneur. To it special rules in the protection against dismissal and they do not apply under-fall for the industrial democracy act, whereby the definition of the term of the "“leading employee"” is different in these two right ranges.

A further group of employees are slight temporary help and persons employed (see also for this: Student job, mini job). Here almost no characteristics pertaining to labour law apply against a widespread conviction. Both the protection against dismissal and about payment continued payment in the medical case or legal vacation are entitled also to these employees without reservation. In former times usual differentiations are long eliminated as offence against the equal treatment principle. There are easements here however in fiscal and social security-legal regard; pertaining to labour law for example shorter terms of notice for temporary help are permissible ("§ 622 exp. 5, di. 1 BGB).

The activity of the employee usually takes place, but not compellingly, in the enterprise of the employer. The operating term steers many consequences pertaining to labour law. That concerns for example the operating transition, the choice of the work council or the size of company as a condition for the protection against dismissal. The enterprise is understood as independent organizational unit, which is formed for reaching a work-technical purpose. Reduced participation rights of the work council apply in so-called tendency enterprises, thus above all enterprises with religious, karitativer or scientific objective and/or enterprises of broadcast and press enterprises.

To define the organizational unit is "“enterprise"” from the terms of the entrepreneur or the "“enterprise"”, even if here colloquially frequently mixtures take place. The entrepreneur or - usually if by a legal entity carried - the enterprise is the owner (the legal entity) the enterprise and also the contracting party of the employee. The enterprise can be quite also owners of several enterprises.

Several enterprises can be connected to a company. It is also possible that two enterprises are connected, in order to lead a certain enterprise together.

Not at all here that belongs frequently as synonym used term of the "“company"”. Company is the according to commercial law name of a buyer (both for single buyers and for legal entities). Pertaining to labour law the term does not have a function.

1950 were created that Geneva pattern, which offers the basis for today's place appraisal procedures.

Systematics

The German industrial law is divided into the following subregions:

• Individual industrial law
  • Work contract
    • Come off
    • Obligations
      • the employer
      • the employee
    • Disturbances
    • Completion/usually notice
• Collective industrial law
  • Collective agreement right
  • Labor management relations right
  • Right of codetermination (participation of the employees in the supervisory board regulates)
  • Labor dispute right
    • Strike (token strike, pinpoint strike)
    • Lockout

A detailed representation of the legal situation in Austria is under industrial law (Austria).

Sources of right

Despite some efforts and the regulation in the agreement contract to create a work law book there is so far still no uniform Kodifikation of the industrial law. Regulations are in the following sources of right:

• European right (usually guidelines)
• Laws
  • among other things
  • Basic Law (GG) - esp. kind 9 exp. 3, freedom of coalation
  • Civil law book (BGB) - esp. "§"§ 611 FF. BGB, contract of employment
  • Protection against dismissal act (KSchG)
  • Industrial democracy act (BetrVG) and personnel agency laws Service)
  • Collective agreement law (TVG)
  • Law of codetermination (participation of the employees in the supervisory board regulates)
  • Partial time and stipulation of a time limit law (TzBfG)
  • Payment continued payment law (EntgFG)
  • Federal vacation law (BUrlG)
  • Work time law (ArbZG)
  • Law protecting working mothers (MuSchG)
  • Law governing job security (ArbPlSchG)
  • Law for the protection of young workers (JArbSchG)
  • Vocational training law (BBiG) as well as training regulations of the individual occupations
  • Industrial safety law (ArbSchG) and workplace regulations ()
  • Person employed law for the protection (BSchG)
  • Social legislation IX (SGB IX) - severely disabled right

• Collective agreements for industries as well as private firms
• Employment agreements and service agreements Service)
• Single work contracts
• not the judge right in such a way specified, since this is legally not binding and thus no source of right. Actually however a great importance in the industrial law comes to the judge right, particularly in the legally completely unsettled labor dispute right.

(To the ranking of the different sources of right compares.)

Articles in category "Industrial law"

We found here 10 articles.

Related Websites

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