White-collar worker

An employee is an employee who is discriminated according to specific criteria by a worker. The criteria are specified in the rule by the national labor and social law and may vary depending on the application.

Legal Status in Germany

The separation between workers and employees is based on a longstanding tradition. In Germany, both by the same labor contract law, which so far does not distinguish between employees and workers instructed moderately bound to their respective employers.

It is generally used to define employees that they are not permanent employees: not relevant co-owner of them are employing company, and a (usually monthly ) salary related (as opposed to workers who labor, often as hourly, piece or piece rate preserved). Furthermore, a predominantly spiritual ( or office - administrative, technical higher, mainly senior or otherwise superior ) activity is considered as a typical domain of employees.

Traditional demarcation criterion in Germany were generally the memberships in social insurance. How were workers - if there were no company health insurance - members of a Local Health Insurance Fund, employees of a replacement fund. But the free choice health insurance was introduced by the reform of the health insurance now. Previously employed by the Federal Labour Office ( Federal Insurance Institute for Salaried Employees ), workers had a pension scheme to the LVA ( LVA ). Despite the rentenversicherung legal classification to the LVA masters were generally regarded as employees.

The separation between the pension insurance of workers and employees was abolished in Germany on 1 January 2005. With the founding of the German Pension Fund on October 1, 2005, the classification of different pension funds is based on a distribution key, not according to the classification as a worker or employee.

By the end of 2005, this status was relevant to the question of whether the employer has had to participate in the medical case in a fund to cover the costs of sick pay. Since 1 January 2006 they are among the employees in balancing method for incapacity for work (U 1), both in assessing whether the operation participates in the compensation process, as well as to the refund of wage payments by the insurer.

In the public sector was abolished with the entry into force of the new Collective Agreement for the Civil Service ( TVöD ) and the collective agreement for the public service of the Länder ( TV -L), the distinction between employees and workers. Both groups are now uniformly referred to as employees.

Other countries

In Austria, where " private employee " has been in use as in Luxembourg nor the notion that employees right for workers does not apply to employees.

In Luxembourg, the distinction between workers and employees was ( employés privés ) on 1 January 2009 by the enactment of the " single status " ( statut unique) repealed.

Types of employees

• (simple) employees.
• About Pay Scale ( UT ) employees. An employee who is employed in an enterprise in which there is a collective agreement, and the more content gets when he would receive after his collective group.
• Non-tariff (AT) employees. An employee who is employed in an operation in which a collective agreement. The AT staff includes an individual contract of employment with the employer. His payment should be above the highest pay group of the collective agreement.
• Senior employees are employees, which powers have been delegated substantial employer. These include hiring and firing authority or a comprehensive power of attorney. Senior employees are not subject to the Works Constitution Act (see § 5 paragraph 3 WCA). Chief Executive may be, who has any of the foregoing powers, but due to the operating structure or the content occupies a similar position.