Seminarinhalte

Workplace representatives are confronted with a variety of legal problems and tasks in their daily work. Participation in a representational body therefore requires basic knowledge of relevant legislation and the case law issued regarding it, as well as its application. However, it is often difficult to navigate and keep track of the multitude of laws and regulations.

This training course provides basic structural knowledge of the multi-layered German labour law system and clarifies basic legal terms. It furthermore provides an overview of both the legal bases for German labour law and the legal problems that may arise in connection with the initiation and establishment of the employment relationship from an individual law perspective – taking into account the rights and obligations of both the employer and the employee during this stage.

In addition, the participation rights of the works council are part of the training course.

The training course at a glance:

Due to the large number of collective agreements, entitlements under collective agreements can only be explained in this course through examples. This also applies to existing company regulations. The training course focusses on the basis provided within German labour law for the establishment of the employment relationship.

The legal basis for labour law and the history and structure of the labour law system
Nature and function of labour law, basic concepts, sources of law
Differentiation between individual and collective labour law
Establishment of the employment relationship, obligations of the employer arising from the Evidence Act and from collective agreement regulations
Specific contents of the employment contract, especially with regard to the Evidence Act
Rights and duties under the employment contract
Employer's right to issue instructions
Practical cases from current case law

Themenplan

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), excursus on collective bargaining law, practical work on a sample collective agreement
Working with legal texts and commentaries (group work on case studies featuring selected laws)
Differentiation between individual and collective law
Employment contract:
- Differentiation from other contracts; definition of the term "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 (legitimacy of certain questions during interviews, prohibition of discrimination, excursus: personality rights in the employment relationship)
- Data protection (using the example of application documents)
- Involvement of the works council
- Probation period
Temporary suspension of the employment relationship:
- Definition of suspension, clarification of terms and examples
- Effects on pay and other benefits
Brief overview on the participation rights of the works council regarding the establishment and suspension of the employment relationship

Dein gutes Recht
Mitglieder gesetzlicher Interessenvertretungen haben grundsätzlich Anspruch auf die Teilnahme an Schulungen, die für die Wahrnehmung ihrer Aufgaben erforderlich sind. Die Teilnahme erfolgt während der Arbeitszeit und ohne Minderung des Arbeitsentgelts. Die anfallenden Kosten trägt in der Regel der Arbeitgeber beziehungsweise die zuständige Dienststelle.
Damit alles reibungslos abläuft, schau dir gerne unsere Schritt-für-Schritt-Anleitung an:
Seminarbuchung – so geht’s

Termine und Standorte

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