Labor and works constitution law for advanced students

Contracts for work and services - Service contracts - Employment contracts

• Regulation in § 611a BGB.
• Differentiation: freelance employee, freelancer, employee.

Pseudo self-employment

• Legal consequences: social security and tax implications.
• Remuneration.
• Reclaim according to § 812 BGB.

Adapting employment contracts to changing conditions

• Collective bargaining: Significance and consequences.
• One company - one collective agreement?
• Exit from collective bargaining.
• Subsequent binding.
• After-effect.

Legal sources of labor law

• Constitution, in particular fundamental rights, European directives.
• Laws, legal regulations.
• Collective agreement.
• Company agreement (service agreement).
• employment contract.

The procedure before the conciliation committee

• Establishment, purpose, responsibility.
• Personnel composition.
• Procedural principles and decision-making.
• Effect of the saying.
• Costs.

Recruitment and transfer

• Involvement of the works council.
• Reasons for objection by the works council
• Definitions Section 95 (3) BetrVG, Section 106 GewO.

Transfer of business and change of business, § 613a BGB

• Legal consequences.
• Risk assessment.
• What happens to collective agreements?
• Consequence of the operational change: reconciliation of interests, social plan and compensation for disadvantages.

Part-time

• TzBfG: Text form for application by employees.
• Entitlement to a reduction in working hours.
• Extension of working hours.
• Work on demand.
• § Section 9a TzBfG Bridge part-time since 01.01.2019.

Dealing with the works council 

• Material costs, personal costs.
• Training in accordance with § 37 BetrVG.

Co-determination of the works council in social matters § 87 BetrVG

Vacation

• Expiration periods.
• Current BAG and ECJ case law.
• Compensation.

AGG - selected questions

Termination of employment relationships

• Priority of the notice of termination.
• Termination notice.
• Dismissal for operational reasons.
• Termination for conduct-related reasons.
• Termination for personal reasons.
• Involvement of the works council in the event of dismissal.

Termination and settlement agreements

• Written form.
• Locking periods and rest periods.