Previous knowledge is required (see booking no. 8910)
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.