Who are employees

employee

Employee is a term. which today can no longer be clearly distinguished from the term “worker”. Typical of the employee, however, is: He is in a dependent employment relationship and is paid monthly with a fixed salary and not according to hours or work performed. As a rule, he is a member of the employee pension scheme. He has his own group position in works constitution law (Works Constitution Act 1972). He has a legally prescribed representation (representation) in the works council and in the organs of codetermination. According to the Works Constitution Act 1972, workers and salaried employees must be represented on the works council in proportion to their numerical ratio. if this consists of at least three members. According to the Works Constitution Act is a managerial employee. who performs company or operational management tasks and is essentially free of instructions. When in doubt, is a senior executive. Who, on the occasion of the last election of the works council, has been assigned to the executive staff or belongs to a management level. on which senior executives are predominantly represented in the company or receive a regular annual income. which is customary for executives in the company, or (if there are still doubts) receives a regular annual wage above three times the social security ceiling. In a company with at least 1 executive employee, a spokesperson committee for executive employees can be formed. Like the works council, these committees represent the interests of the group vis-à-vis company management. In the 1976 Codetermination Act, senior executives were given the right to represent employees on the supervisory board.

Employee who, in contrast to the worker, does primarily intellectual work. He is a commercial employee (§§59ff. HGB) if he is employed by a merchant for the performance of commercial services, commercial technical employee (§§ 133 eff. GewO) if he is employed in a commercial enterprise for the performance of non-commercial services, and an employee of the public service if he is employed by a legal person under public law.

1. Generally employees who carry out mainly non-physical, administrative activities. 2. Commercial employees are agents according to Section 59 of the German Commercial Code (HGB). 3. According to § 5 Abs. 3 BetrVerfG, executives are those employees who »are entitled to the independent hiring and dismissal of employees employed in the company or in the company department or who have general power of attorney or power of attorney or who essentially take responsibility for tasks that they regularly perform on their own account Significance for the existence and development of the company with regard to special experiences and knowledge are transferred «. However, with this stipulation, the law does not correspond to practice. Empirical research revealed the following characteristics: the right to represent the company externally, membership of a certain management level, certain annual income, certain personnel and material responsibility. The employee representatives are the DAG and the UL employees

In the absence of a general legal regulation, the assignment of an employee to the group of salaried employees and workers, according to a judgment of the Federal Labor Court, is primarily determined by how his work is assessed by the opinion of the professional groups involved in the specific case. if there is no firm view, i. d. R. A., who does commercial or office work, as well as who exercises a predominantly managerial, supervisory or comparable activity. If these standards are not sufficient, the decisive factor is whether, according to the overall assessment of the work carried out by the employees, the focus is on intellectual performance (see BAG of 07/24/57 and 11/29/58, AP 5 and 12, § 59 HGB). The importance of the employee status is particularly evident in labor law, e. B. with regard to the type of remuneration, the length of the notice periods, continued wages, representation in the works council, and also with regard to the special protection against dismissal for older employees.

In socialist economics: Employees in the sense of labor law are, in contrast to women workers, those employees whose activities consist mainly of intellectual work rather than physical and who are granted a greater degree of independence and responsibility towards the entire company.

These include: Executives. Office workers, administrative employees, scientific employees, technical employees up to the cashiers at the department store checkout. Especially in the service areas with tasks in distribution. Circulation and reproduction work as employees. They are generally assigned to the working class and their number is growing continuously compared to the manufacturing workers. Their formerly privileged social situation and working conditions are becoming more and more similar to those of other parts of the working class. Management employees are assigned to the middle class or even to the capitalist class.

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