Employment#Employee

Workers are people who (employment ) are required within the legal framework of an employment relationship under private law contract, their labor bound by instructions for payment to be made available. According to the European System of Accounts 1995 (ESA ) workers are people who work depends on a contractual basis for another resident institutional unit and receive a remuneration that is recorded as compensation of employees. Workers complementary with the " self " and " unpaid family workers " to the number of " working poor". From the adjacent figure, the proportion of workers in the workforce as a whole is seen.

  • 2.1 Demographic trends in Western Europe

Boundaries of the workers properties

The above definitions do not help in the demarcation between worker characteristics and self- doubt. This is especially true because compared to the "classic " historical tradition of constellations " employer / employee " and " Client / Contractor" Today, a variety of mixed and intermediate forms of employment occur which blur the differences between dependent employment and self-employment or blur should (see false self-employment ).

Typical differentiating factor between self-employment on the one hand and ( dependent ) employment as a worker on the other hand is the integration of the worker into a foreign organization of work (especially work) and its binding to foreign transfers ( Directorate law, cf § 84 Section 1 of the German Commercial Code - HGB and § 106 Trade Regulation ). In addition to the contract design always the practical implementation of the contractual relationship is in assessing whether it is self-employment or paid employment, thus a worker prevail. Contradict the contractual designation of the actual performance of the contract, the actual performance of the contract is relevant to the assessment and not the name. That the workers but include the employees, the workers and apprentices, trainees being employed in the determination of the operating employees ( § 23 Consumer Protection Act ) are not counted. In determining the size of application council election count them with the other hand, § 5 paragraph 1 Works Constitution Act.

The German law has no single definition. So there are some significant differences in the concept of employee

For instance, the (foreign) director of a GmbH is not a worker in the labor law and works constitution law sense, but applies for social security purposes on a regular basis as an employee and therefore can acquire rights in social insurance, such as unemployment benefits, insolvency fund, annuity. Even with other officers there depending on the function demarcation problems. Decisive is the term 'worker' in Article 39, Section 1 of the EC Treaty. He is the antonym to the concept of " self " in Article 43 of the Treaty on freedom of establishment. Employees within the meaning of the Court's decisions are each employed worker pursuing an instruction-bound activity and receives for such a fee, which can not be described as totally insignificant. It is not necessary that the employee so one can deny its existence. It ranges may already, for example, if a trainee accommodation and meals will be provided.

No workers are

  • Children and young people who go to school,
  • Unemployed,
  • Self-employed ( entrepreneurs and freelancers )
  • Students
  • Officials, judges, soldiers, community service ( not under private law )
  • Retirees.

Although they are not employees, employee- related persons shall be treated as employees in some questions. As an employee- like persons are self-employed person, the (usually from a client) economically dependent and an employee are comparable in need of protection (see § 12a TVG ). For them, the provisions of the Collective Agreement Act ( TVG ) and apply to disputes between them and their employers, the labor courts shall have exclusive jurisdiction (§ 5 ArbGG ). They are generally subject to compulsory pension insurance.

In Germany and all democratic countries workers have to choose the limited right profession and workplace free ( freedom of occupation, Article 12 of the Basic Law ), freedom of association and limited right to strike (Article 9, paragraph 3 GG ) and may join together to form trade unions, with the employers periodically negotiate the remuneration and other working conditions and conclude collective agreements ( collective bargaining ). These rights are limited for example by conscription (limited freedom of occupation ) and the prohibition of general strikes.

Duties of the employee

Main duty of the employee is to provide the agreed work. In addition to duties of the employee are: loyalty, duty of confidentiality, a caretaking handling of materials and tools, competition ban, poaching ban, mutual consideration and protection duties.

Rights of the worker

Main right of the worker is to receive the agreed remuneration. No power Without Money: The principle applies. In addition, time is money. If the employer takes the time to which the employee, he is also responsible, how effective they will be exploited by the employee. In short, the employer must also pay if he is not able to utilize the employee. Other rights of the employee: Duty of loyalty and secrecy obligation of the employer, materials and tools, the applicable rules regarding safety of life and limb correspond ( duty of care of the employer), a caretaking dealing with the employee. Right to a job reference after the employee leaves the organization. In addition, the workers nor the rights that do not arise out of the employment contract: freedom of association ( the right to join a trade union and union to operate in operation, and to strike, rights under the Works Constitution and co-determination law (eg active and passive voting rights in the election of a works council ) ). More: Right to annual leave under the federal Holidays Act, be entitled to rest breaks after the Working Time Act, be entitled to continued payment of wages in case of illness after Entgeltfortzahlungsgesetz.

Criticism of the concept

An early polemic against the concept of "worker " comes from Friedrich Engels, according to the relation of exploitation between labor and capital will put almost upside down in current parlance:

"It could not come to my mind, in the capital ' to introduce the popular jargon in which German economists express themselves maintain that gibberish, eg, wherein the one who can give their labor for cash payment from others, the employer is, and workers the one whose work is taken from him for wages. Also in the French travail is used in ordinary life in the sense of ' employment '. By law, however, the French would keep the economists crazy, who wanted to call the capitalists donneur de travail, and the workers receveur de travail. "

In this sense, the term "employee " is misleading, given that the person who is designated as an employee takes ( " salaried employee " ), not just labor, but wages for it in reception, that it provides the contractors to their work force. In this respect, the term " employer " for a dependent employees would be more appropriate.

The term "employee" darkened, that they are people who sell their labor power in order to survive (have to ) because they themselves have no means of production. The term obscures, moreover, that this is a social -related dependency, which has historically found by the progressive division of labor process and that the workers just this society possible at all.

Furthermore, suggests the linguistic relation employer - employee, that the employer would be something ( without adequate consideration ), the employee would take something ( without adequate consideration ). The term employer shall so far as a patronizing, the term workers exploiting a generic undertone. Both undertones are not justified. However, this ratio reflects the linguistic state, the labor market has very often, namely that a large supply of labor meets a much smaller demand. Against this background, it is sometimes perceived as advantageous to have demand for their own work, may therefore be employed.

If you look on the other hand in workers than pure market value of a person as an equal part of society, the mitträgt this society and is entitled to subsistence, it is clear that a society that excludes a large proportion of their population from work, not on the long term can. Because the abstract concept " labor market " means ultimately a social relationship between different but equal parts of society that can have only by consensus of members of stock. For the law of the market is not a law of nature, but a social agreement.

In the national accounts, the workers were called because even until the introduction of the European System of Accounts 1995 (ESA ) in 1999, " employed persons ". In economics, the " workers " are suppliers of the production factor labor, the "Employers " are the source of demand for the labor factor of production. "Employee " should be the equivalent of the English term " employee" ( employee) or the French term " employée " where the introduction of the ESA by an adaptation German terms was accompanied to the international usage.

Older workers

The labor market policy of the state and HR professionals often thematize " Older workers ". You are not legally or scientifically defined term, usually over the age of 44, sometimes as early as the 40th, the hiring practices of the industries varies depending on the requirements and staff offer. In some fields, it can be difficult much earlier, or more often from the age of 35, to find a suitable activity.

Labor law meets tenure with longer seniority older individuals. They also earn with the length of service more often.

Studies which demonstrate that special knowledge or disadvantages occur in the elderly group more frequently than in the 18 - to 45 -year-old missing (here), such as whether some downtime (eg due to illness or pregnancy ) or higher- efficiency of employees (experience, social skills = soft skills ) to compensate if necessary.

The population estimates as something to just under 60 % as " very different " one; compared to 2002 while the proportion of respondents who Elderly ( over 50 years ) increased for companies " valuable ( he ) " find, from 21% to 27%. Consistently hold around 12 % for the younger employees ' valuable ( he ) "( IFD 1000 respondents over 16 years, 2006).

In Finland, the employment rate of 55-64 year was increased by one-third; the model was awarded the Carl Bertelsmann prize.

In Germany, the unemployment rate is far higher than in comparable countries in the elderly.

Demographic development in Western Europe

The years increased female participation rates and demographic trends in the coming years, increasing the employment rate of older workers when the work requirements in the respective country as a whole is not significantly lower. Currently, Germany has an " inverse" age structure in the labor market: the population of 60 - to 65 -year-old is larger than the group of 50 - to 59 -year-olds. Since the participation of 60 - to 64 -year-old otherwise is generally lower than that of 50 - to 59 -year-olds, it affects in Germany negative impact on the labor force participation of older people. 51-year old etc., are unemployed, have lower chances of re-employment, if an HR department pays attention to a balanced " age mix " of the workforce. This demographic feature in the Federal Republic of Germany will lose its importance for the employment situation of older workers in the next few years - the baby boomers to 1943, then retired.

The Census Bureau predicts today, how many young people and older could be in 10-15 years the labor market. However, predictions are difficult due to other factors. This, however, is initially irrelevant, since it could not draw any consequence according to the individual level - except the tried and true: education and training.

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