Current labor law

Provisos on the discretionary nature of payments
and their revocation in employment contracts
– How long will they continue to exist?

Can entitlements to benefits be effectively excluded in the future?

The use of provisos governing the discretionary nature of payments and their revocation in employment contracts aims to exclude a long-term commitment of the employer to paying out additional benefits such as Christmas bonuses, rewards, retention bonuses etc. This exclusion of a contractual obligation is becoming increasingly difficult as a result of pertinent case law established by the Bundesarbeitsgericht (BAG; Federal Labor Court). The only type of payment that is still unproblematic is the following: the employer pays,...

Related articles:

Issue 2019-01

Employment Websites: Personnel by mouse click

When there are acute shortages of skilled personnel, actively searching for qualified personnel becomes increasingly critical. That’s why employment websites are becoming more and more popular....

Issue 2015-02 Contracts for work in concrete factories

The slow death of a flexibility model

Two years ago, I reported at this congress on the difficulties involved in establishing an “indisputable” contract for work. The problems highlighted at that time are still existing. Contracts for...

Issue 2019-02 How can the employer deal with them?

Facebook, WhatsApp & Co. at the workplace

We are already familiar with this subject: there, the Facebook profile is renewed and someone is chatting with friends, instead of doing the job for which they are paid. In this regard, the labor-law...

Issue 2021-02

Opportunities and risks in managing contracts for work and contracts for services

Starting with the German meat industry, the sector-specific prohibition of contracts for work and temporary employment services is under social and political discussion. These types of contracts are...

Issue 2013-02 Current labor law

Self-employed collaboration on the basis of contracts for work – The easy way to achieve flexibility?

The award of works or services on the basis of contracts for work can be an option to achieve a greater degree of flexibility within the business. Issues such as the continued payment of wages and...