Christian RentschlerArbeitsrechtlicher Schutz und moderne Erwerbsverhältnisse

About this book deutschenglish

Everyone is talking about modern work. However, the question of the design of modern work is always preceded by the question of whether labor law can be applied at all, or, in other words, whether the respective worker is an employee at all. It is however typical of modern work repationships in the digital age that they break with the classic employee indications: instead of carrying out work according to instructions, more and more independence and personal responsibility are required to complete the tasks, instead of nine-to-five employment in the Employer's workplace, the work can often be performed flexibly in terms of time and place, sometimes with constantly changing contractual partners, from anywhere, as long as only an internet connection is available. The author examines the question of whether modern work relationships can nevertheless be regarded as employment relationships under German law. Therefore, the definition of employee in art. 611a BGB is critically examined on the basis of numerous decisions by the Federal Labor Court and compared to Rolf Wank’s teleological definition in order to be able to answer the status question for modern work relationships.

This paper is not limited to the investigation of a specific type of modern work. In addition to Crowdwork, B2C platform relationships and Scrum as an example of agile process management are also examined. The main question always remains as to whether the respective form of work needs protection from the point of view of labor law. In this context, the Crowdworker decision of the Federal Labor Court of December 1, 2020 is also being critically reviewed.

Although the focus of this paper is on answering the status question, it will also be examined whether and to what extent modern work relationships need the protection of the legal system at all and how future law would have to be drafted in order to be able to provide an adequate level of protection for modern work relationships.

Ihr Werk im Verlag Dr. Kovač

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