Introduction to labour law: Establishment of the employment relationship
Statutory employee representation bodies are confronted with a multitude of legal problems and tasks in their everyday work. The work in a statutory interest representation therefore requires basic knowledge of the contents of the relevant laws and the case law issued on them, as well as how to deal with them. However, with the multitude of laws, it is often difficult to find one's way around and to keep an overview.
In this training basic knowledge about the structures of the multi-layered labour law system is first conveyed and basic labour law terms are clarified. This is followed by a discussion of the legal problems that can arise in connection with the initiation, establishment and continuation of an employment relationship (rights and duties).
In addition, the respective participation rights of the statutory interest representation are presented.
The training course at a glance:
- Legal sources of labour law, history and structure of the labour law system
- Nature and function of labour law, basic concepts, sources of law
- Distinction between individual and collective labour law
- Establishment of the employment relationship, obligations of the employer under the Verification Act and collective agreement regulations when concluding the employment contract
- Concrete contents of the employment contract, including with regard to the Verification Act
- Rights and duties under the employment contract
- Employer's right to issue instructions
- Practical cases from current case law
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Zielgruppe
Works council members -
Freistellung
Section 37 Article 6 Works Constitution Act
Basic terms: What is labour law? (civil/contract law, differentiation from other areas of law).
History of labour law
Legal sources of labour law: Hierarchy of norms (especially the significance of the collective agreement incl. excursus on collective bargaining law, work on a concrete collective agreement)
Working with legal texts and commentaries (group work on selected laws based on concrete questions)
Differentiation between individual and collective law
Employment contract:
- Differentiation from other contracts; concept of employee
- Rights and duties under the employment contract
- Employer's right to issue instructions under Section 106 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung)
- Amendment of contractual conditions, notice of termination
- Contents of the employment contract under the Evidence Act
Establishment of the employment relationship:
- Application and interview costs
- Freedom of employment and its limits (right to ask questions, prohibition of arbitrariness/discrimination, excursus: Personal rights in the employment relationship)
- Data protection (using the example of application documents)
- Involvement of the statutory representation of interests
- Probationary period
Suspension of the employment relationship:
- Definition, clarification of terms and examples
- Effects, e.g. on pay and other benefits
- Brief explanation of the respective participation rights of the statutory interest representation in the establishment and suspension of the employment relationship
Termine
We are happy to provide tailor-made (in-house) training courses on these topics for your company. Please contact us: info.berlin@verdi-bub.de
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