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Employee in the colloquial sense is, who stands in an employer-employee relationship and carries from the employer assigned, instruction-bound work out. Employee in the legal sense of the term is, who is obligated due to a contract under private law (work contract) for another dependent services against payment to furnish.
After the European system of the economical Gesamtrechnungen 1995 (ESVG) are employees persons, who work on contractual basis for another area residents institutional unit dependently and receive a remuneration, which is seized as employee payment.
An employer-employee relationship between employers and employees is given, if between both a contract exists and therefore the employee for the producing unit (employer) works against a remuneration.
Details see under ESVG 11.11.
The employees complement each other with the "independent ones and helping relatives" for the number of "employed persons". In the illustration the portion of the employees of the employed persons is altogether shown for the countries of the triad.
Both definitions help in the doubt with the demarcation between the employee characteristic and not substantially. This applies in particular, because opposite the "classical", historically constellation "employer/employees" delivered today most diverse mixing and Zwischenformen of gainful employment arises, which the differences between dependent and independent occupation blur to let or to smear be supposed.
Beyond that the German right does not know a uniform definition. Thus partial substantial differences of the term of the employee exist
So for instance (stranger) the managing director of a GmbH is not an employee in sense pertaining to labour law and the labor management relations-legal, applies however social security-legally regularly as an employee (can be paid thus, so far contributions about requirement on unemployment pay to have). A trainee however is not considered as an employee, as far as he is not subject to a social security obligation.
Typical demarcation characteristic between independent activity on the one hand and (more dependently) occupation as employees on the other hand is the integration of the employee in a strange Labour Organization and its connection at stranger instructions ("management right", "§ 84 exp. 1 commercial code compare - HGB). In addition count thus the employees, the workers and training, whereby training employed however with the determination in the enterprise employees ("§ 23 KSchG) are not taken in account.
No employees are
Although they are not employees, employee-similar persons in some questions become on an equal footing the employees. When employee-similar persons apply independently transact, who (usually of a client) are comparably protection needy economically dependently and an employee ("§ 12a TVG compares). To it the regulations of the collective agreement law (TVG) apply and for disputes between them and their employers the labor courts are exclusively responsible ("§ 5 ArbGG). They are subject usually to the old age pension insurance obligation.
In Germany and all democratic states employees have the reduced right to select occupation and job freely (occupation liberty, kind 12 GG), freedom of coalation and reduced right to strike (kind 9 exp. 3 GG) and can to trade unions unite, which negotiate with the employers in regular intervals about the wages and other conditions of work and collective agreements lock (autonomy in bargaining). These rights are limited for example by the military service (reduced occupation liberty) and the prohibition of general strikes.
To be furnished third-party liability of the employee is the agreed upon service the agreed upon work to be carried out or. Hereunder applies the principle: Without achievement no money. Nebenpflichten of the employee: Allegiance, obligation to secrecy, pfleglicher handling the materials and tools.
Main right of the employee is to receive the agreed upon remuneration. Hereunder applies the principle: Without money no achievement. Beyond that applies: Time is money. If the employer takes the time up of the employee, it is also jointly responsible, as effectively it is used by the employee. Briefly said: The employer must also pay, if it is not able to charge to capacity the employee. Further rights of the employee: Allegiance and obligation to secrecy of the employer, materials and tools those the valid regulations regarding security for life and limb correspond, pfleglicher handling the employee right to a reference after separating the employee from the enterprise.
The term "employee" colludes the fact that it concerns workers and female workers, who their worker to the safety device of their existence sell (must), because her have even no means of production. The term colludes beyond that that this is a social conditioned dependence, which arose historically as a result of the progressive process of the division of labor and that the workers and female workers evenly this society to only make possible.
The term employee can be also wrongly understood (Euphemismus). Because that person, those as employees is designated ("dependently persons employed") takes work, but does not give work or services and takes in all rule money for it. To that extent the name employer for one would be dependently more appropriate for persons employed.
Further the linguistic relationship suggests employers - employees that the employer would give something (without adequate return), which would take employee something (without adequate return). The term employer has to that extent a patronizing, the term employee a ausnutzerischen Unterton. Both are not justified. However this linguistic relationship between the terms reflects the condition, which the job market has very often, i.e. that a large offer of workers on a substantially smaller demand for workers meets. Under this background it is felt occasionally also as favourable to have demand for the own work to be allowed to be thus employees.
If one sees a person against it in the employee as purely marktwirschaftlichen value also as equal part of the society, which carries this society and to requirement on living costs has, it becomes clear that a society, which excludes a too large portion of its population from the business life cannot exist in the long term. Because the abstract term "job market" designates last end a social relationship between different, but equal parts of the society, which can have existence only by agreement of its members. Because the law of the market is not a law of nature, but a social agreement.
In the VGR were called the employees also up to the introduction of the European system of economical Gesamtrechungen 1995 (ESVG) in the year 1999 "persons employed" dependent. In the political economy the "employees" offerers of the factor of production work are, the "employers" are the Nachfrager after the factor of production work. "Employee" is the correspondence of the English term "employee" (employee) or the French term to be the introduction of the ESVG also with an adjustment of German terms at international linguistic usage accompanied.
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E» E-Recruiting» Earned income » Efficiency factor » Employee » Employee assistance program » Employee Empowerment » Employee hiring » Employee stick Ownership Program » Energy consultant » Ergonomics |
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