Tim EickmannsDie Flexibilisierung von Arbeitsbedingungen durch Vertragsgestaltung

About this book deutschenglish

Employment contracts generally contain a variety of regulations. Especially agreements on the employees’ working conditions namely content, location and time of the working performance as well as agreements on special payments like christmas bonuses are of particular importance. Those agreements are substantially for the employer on deploying his employees. Moreover they create clarity for the employees on how they have to perform their work and what special payment they can force in return for it.

Furthermore employment contracts are binding for a long period of time. In the course of time especially the economical and organizational conditions may change in a way that makes a modification of the working conditions necessary. Particularly the flexible handling of special payments may be of great importance for overcoming economical fluctuations.

If the employer guaranteed certain payments and working conditions to his employees in the employment contract, he may often change these payments and conditions only by way of dismissal with an option of altered conditions of employment. In this manner the employer may only subsequently change those conditions he bindingly agreed on in the employment contract before. As a result the mutual trust between the employer and his employee is usually disturbed.

This is exactly where the author starts his work investigating how working conditions and special payments can be held flexible by drafting the employment contract with foresight. Therefore he comprehensively deals with and legally evaluates several approaches that have been suggested by case law and literature. From this evaluation the author develops a guideline with specific drafting proposals for keeping certain working conditions and special payments flexible. By using this guideline employers may adapt their employment contracts to the current legal situation and as a result be able to react flexibly to economic fluctuations.

Ihr Werk im Verlag Dr. Kovač

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