Digitalization & Employment Law. A Critical Analysis of § 623 BGB

Term Paper , 2020 , 35 Pages , Grade: 1,0

Law - Civil / Private, Trade, Anti Trust Law, Business Law

In this paper, the article § 623 BGB will be critically analysed, because the article regulates the formal requirements of terminations and separation agreements. To gain a general overview the touched paragraphs of the German Civil Code, shortened to BGB, will be included in the assignment in the original language and the latest translation into English.

Due to the current situation, the worldwide corona pandemic, the world of work is becoming increasingly unbounded. Employers and employees gradually see the advantages of home office and “New Work”. The pandemic forced companies and employees to organize their new work environment quick, which sometimes ended up in a disorganized and chaotic way. If new forms of work are implemented in a planned manner in the future, all sides can benefit even more. The crisis, in general, holds plenty of opportunities to set a new course for the future of work. On the long run authorities will have to support the upcoming requirements of employees and employers with adjusted rules and regulations. An essential part of the employment cycle for employees and employers are terminations and sometimes even separation agreements.

Table of Contents

List of Abbreviations

List of Tables

1 Introduction

2 Methodology

3 § 623 BGB and its purpose
3.1 Implementation and consequences of the Directive 1999/93/EC on the written form in the BGB
3.2 Regulation (EU) No 910/2014 and it´s aim

4 Overview of important formal requirements in labor law

5 Simplification proposals

6 Summary of the survey results

7 Conclusion

Appendix

Survey Results

Bibliography

• College: University of applied sciences Frankfurt a. M.
• Grade: 1,0
• Author: Samantha Kim Schönhaber (Author)
• Publication Year: 2020
• Pages: 35
• Catalog Number: V934122
• ISBN (eBook): 9783346274632
• ISBN (Book): 9783346274649
• Language: English
• Tags: BGB 623, Kündigung, Schriftform, Termination, Seperation Agreement, German Civil Code