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 salaries in the case of sickness or holidays are avoided. If the need for the work ceases to exist, the contract for work is terminated, which is much easier compared to the termination of employment of a staff member with many years of service. Unfortunately, the legal requirements for contracts for work are so demanding that most agreements referred to as contracts for work do not actually...

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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 2016-02 How the supplier of concrete components stands up to VOB ­regulations

From sales contract to contract for work?

The contract for manufacturing and supplying of precast components is a so-called contract for work and materials in the sense of § 651 BGB (of the German Civil Code). On the other hand, contracts...

Issue 2013-02 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...

Issue 2017-02 New regulations for temporary work and the contract for work

Good things come to those who wait?

The topic “deployment of external staff” does not come to peace. After the confusion caused by the German Minimum Wage Law introduced in 2015, employers will have to struggle with changes to legal...

Issue 2017-02 Liability risks and other consequences

The new construction contract law

For a long time, it has been quite problematic in legal practice that the regulations governing the contract law for work concerning construction contracts do not provide enough details, and thus they...