An employee is an employee, which is differentiated according to certain criteria from a worker. The criteria are not clearly fixed thereby and differ depending upon application easily.

The separation between workers and employees is based on a grown tradition. In Germany both are bound within the same work contract right, which does not differentiate between employees and workers, to their employer after today's right. In Austria the employee right does not apply, to workers to employees.

Generally for the definition of employees that these are not beamtet, not relevant joint owners it employing enterprise are consulted, and a content refers (contrary to workers, the wages receives). Further predominantly office and/or administrative, higher technical, predominantly leading or in any way elevated activity than typical domain is regarded of employees.

Traditional demarcation criterion in Germany were usually the associatednesses in the social security. Like that were workers - if no staff sickness funds existed - members of a general local health insurance company, employee of a private health insurance fund. However meanwhile the free health insurance company choice was introduced by the reform of the health insurance companies. In former times employees were pension-insured workers with the Federal Labour Office (Federal Social Insurance Institution for employees), with the LVA (national insurance office). The separation between the old age pension insurance of the workers and the employees was waived to 1 January 2005. With the establishment of the German old age pension insurance to 1 October 2005 the allocation takes place on different old age pension insurances after a distributor, no longer after the classification than workers or employees. Despite the old age pension insurance-legal classification with the LVA masters were usually regarded as employees.

Also today this status is still relevant for the question whether the employer must take part in a rear for the covering of the costs of the continuation of wage payment in the medical case. Change to 01.01.2006 with the balance procedure with inability to work (U 1) now also the employees take in account, both with the evaluation, whether the enterprise participates with the balance procedure, and with refunding the continuation of wage payment by the health insurance company.

Kinds of employees

• (simple) employees.
• Over-as fixed in the tariff employees. An employee, who is busy in an enterprise into which it a collective agreement gives, and to who more content receives than he would have to receive after his wage group.
• Non-tariff (RK) employees. An employee, who is busy in an enterprise in which a collective agreement applies. The RK employee closes an individual work contract with the employer. Its payment should lie over the highest wage group of the collective agreement.
• Leading employees are employees, who possess substantial employer powers. In addition belong for example attitude and dismissal power or a comprehensive power of attorney. Leading employees are not subject to the industrial democracy act (see "§ 5 exp. 3 BetrVG). Leading employees can one also be, if one does not have of the aforementioned powers, but due to the operating structure or the content a comparable position takes.

Articles in category "Employee"

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