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employees in the colloquial sense is, who stands in an employer-employee relationship and carries from the employer assigned, instruction-bound work out. Employee in the legal sense of the term is, who due to a contract under private law (work contract) for another dependent servicesagainst payment to furnish is obligated.
After the European system of the economical Gesamtrechnungen 1995 (ESVG) employees persons , who work on contractual basis for another area residents institutional unit dependently and receive a remuneration, are those as employee payment one seizes.
An employer-employee relationship between employers and employees is given, if between both a contract exists and therefore the employee for the producing unit (employer) works against a remuneration.
Details see under ESVG 11.11.
The employees complement each other alsothe “independent ones and helping relatives” for the number of “employed persons”. In the illustration the portion of the employees of the employed persons is altogether shown for the countries of the triad.
representation both definitions in the doubt with the demarcation betweenthe employee characteristic and Selbstständigkeit not substantially further. This applies in particular, because opposite the “classical”, historically constellation “employer/employees” delivered today most diverse mixing and Zwischenformen of gainful employment arises, which the differences between dependent and independent occupation blur to let or to smear be supposed.
Beyond that the German right does not know a uniform definition. Thus partial substantial differences of the term of the employee exist
- in the sense pertaining to labour law (compares above all § 5 labor court law - ArbGG and § 14, § 23 protection against dismissal act - KSchG,
- in the labor management relations-legal sense (§ 5 BetrVG) and
- in the sociallegal sense (§ 7 social legislation IV).
So for instance (stranger) the managing director of a GmbH is not an employee in sense pertaining to labour law and the labor management relations-legal, applies however social security-legally regularly as an employee (can thus, so farContributions to be paid about requirement on unemployment pay to have). A trainee however is not considered as an employee, as far as he is not subject to a social security obligation.
Typical demarcation characteristic between independent activity on the one hand and (more dependently) occupation as employees on the other hand is the integration of the employee into a strangerLabour Organization and its connection at stranger instructions (“management right”, § 84 exp. compare. 1 commercial code - HGB). In addition count thus the employees, the workers and training, whereby training employed employees however with the determination in the enterprise (§ 23 KSchG) not to be taken in account.
No employees are
- children and young people, who go still into the school,
- unemployed persons,
- students and trainee
- an official, soldier, civil service-carrying out (no service relationship under private law)
- pensioner and pensioner.
Although they are not employees, become employee-similar persons in some questions the employees on an equal footing. When employee-similar persons apply independently transact, who (usually of a client) are comparably protection needy economically dependently and an employee (§ 12a TVG compares). To it the regulations apply of theCollective agreement law (TVG) and for disputes between them and their employers the labor courts are exclusively responsible (§ 5 ArbGG). They are subject usually to the old age pension insurance obligation.
In Germany and all democratic states employees have the reduced right, occupation and jobfreely to select (occupation liberty, kind. 12 GG), freedom of coalation and reduced right to strike (kind. 9 exp. 3 GG) and can unite to trade unions, which negotiate with the employers in regular intervals about the wages and other conditions of work and collective agreements lock (Autonomy in bargaining). These rights are limited for example by the military service (reduced occupation liberty) and the prohibition of general strikes.
to be furnished for obligations
of the employee third-party liability of the employee the agreed upon work is the agreed upon service to be carried out or.Hereunder applies the principle: Without achievement no money. Nebenpflichten of the employee: Allegiance, obligation to secrecy, pfleglicher handling the materials and tools.
rights of the employee
main right of the employee is to receive the agreed upon remuneration. Hereunder applies the principle: WithoutMoney no achievement. Beyond that applies: Time is money. If the employer takes the time up of the employee, it is also jointly responsible, as effectively it is used by the employee. Briefly said: The employer must also pay, if it notable is to charge to capacity the employee. Further rights of the employee: Allegiance and obligation to secrecy of the employer, materials and tools those the valid regulations regarding security for life and limb correspond, pfleglicher handling the employee. Quite onReference after separating the employee from the enterprise.
criticism at the term
the term “employee” colludes that it concerns workers and female workers, who their worker to the safety device of their existence sell (must), because her have evenno means of production. The term colludes beyond that that this is a social conditioned dependence, which arose historically as a result of the progressive process of the division of labor and that the workers and female workers evenly this society to only make possible.
The term employee can to be also wrongly understood (Euphemismus). Because that person, those as employees is designated (“dependently persons employed”) takes work, but does not give work or services and takes in all rule money for it. To that extent the name employer for one would be dependent persons employedmore appropriately.
Further the linguistic relationship suggests employers - employees that the employer would give something (without adequate return ) , which would take employee something (without adequate return ) . The term employer has to that extent a patronizing, the term employee a ausnutzerischen Unterton.Both Untertöne are not justified. However this linguistic relationship between the terms reflects the condition, which the job market has very often, i.e. that a large offer of workers on a substantially smaller demand for workers meets. Under this backgroundit is felt occasionally also as favourable to have demand for the own work to be allowed to be thus employees .
One sees against it in the employee as purely marktwirschaftlichen value also a person as equal part of the society, this societyand if requirement on living costs carries has, it becomes clear that a society, which excludes a too large portion of its population from the business life cannot exist in the long term. Because the abstract term “job market” designates last end a social relationship between different, butequal parts of the society, which can have existence only by agreement of its members. Because the law of the market is not a law of nature, but a social agreement.
In the VGR were called the employees also economical ones up to the introduction of the European systemGesamtrechungen 1995 (ESVG) in the year 1999 “dependently persons employed”. In the political economy the “employees” offerers of the factor of production work are, the “employers” are the Nachfrager after the factor of production work. “Employee” is the correspondence of the English term “employee” (employee) orthe French term “employée” its introduction of the ESVG also with an adjustment of German terms at international linguistic usage accompanied.
in the labor policy of the state and at the personnel management of individual enterprises becomes frequently ofthe group “older employees “spoken. This is not legal or scientifically defined term.
Usually it concerns persons at the age over that 44. Lebensjahr, occasionally already starting from that 40. The attitude adjustment of the industries varies depending upon requirement profileand personnel offer, so that it in some fields of activity already starting from that 35. Lebensjahr to be difficult can to find a suitable place.
There are no investigations, which prove that in this person's group special knowledge or disadvantages appears more frequently than with that18- to 45jährigen. Pertaining to labour law the question of the not subject to noticeness with longer seniority and this age can collapse. If in remuneration principles rising the wages (remuneration) in connection with the duration of seniority is intended, then means more highlyPortion longer person employed higher labour costs. Whether these by longer presence in the man-year (smaller down-times z. B. by illness or pregnancy) or higher efficiency of the persons employed (experience, social Komeptenz = softly skills) becomes balanced and/or. whether the opposite of it applies,after our level of knowledge yet anywhere one did not prove.
connection with demogr. Development in Western Europe
the effects that since years woman activity rates risen and the demographic development will already increase the occupation ratio of older ones in the coming years ifthe work need in the respective country becomes altogether not substantially smaller. At present those has BR-Germany a “inverse” age structure in the job market: The subpopulation of the 60 - is there larger to 65jährigen than the group of the 50 - to 59-Jährigen. There the acquisition participationthe 60 - until 64-Jährigen is otherwise generally lower than those of the 50 - to 59-Jährigen, this affects in Germany negatively the acquisition participation of the older ones altogether. 51jährige etc., which become unemployed, to have smaller chances on re-employment, if a personnel departmenton a balanced “agemix” the staff respects. This demographic characteristic in the FRG will lose its meaning for the occupation situation of older ones however in the next years - the birth-strong classes to 1943 are then in pension.
Naturally the population statistics “know ”already today, how many young person and AÄltere could be to the job market in 10, 15 years at the disposal, since are born all this already. However prognoses are difficult due to other factors. This is however first insignificant, there it on the individual levelno consequence to pull could - except the long-proven one: learn, learn, learn….
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