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.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Methodology
- § 623 BGB and its purpose
- Implementation and consequences of the Directive 1999/93/EC on the written form in the BGB
- Regulation (EU) No 910/2014 and it's aim
- Overview of important formal requirements in labor law
- Simplification proposals
- Summary of the survey results
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This assignment critically analyzes § 623 BGB, which governs the formal requirements for terminations and separation agreements in German employment law. The analysis considers the impact of digitalization on these requirements, examining the implementation of EU directives, amendments to the BGB, and relevant court rulings. The assignment also includes a survey on digitization and labor law, with the results presented in the conclusion.
- Impact of digitalization on employment law
- Formal requirements for terminations and separation agreements in German employment law
- Analysis of § 623 BGB and its application in practice
- Evaluation of the implementation of EU directives on employment law
- Assessment of simplification proposals for employment law regulations
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction provides an overview of the topic, highlighting the increasing importance of digitalization and new work models in the contemporary employment landscape. It emphasizes the need for adjustments in regulations to accommodate these trends, particularly concerning termination procedures. The methodology chapter outlines the research approach, specifying the focus on EU directives, amendments to the BGB, and relevant court rulings, as well as the inclusion of a survey on digitization and labor law.
The following chapters delve into the specific legal provisions related to § 623 BGB and its purpose, examining the implementation of EU directives, particularly those related to the written form, and the impact of regulations such as Regulation (EU) No 910/2014. These chapters explore the practical consequences of these regulations for both employers and employees.
A dedicated chapter provides an overview of important formal requirements in labor law, highlighting relevant provisions and regulations. The assignment also addresses proposed simplifications in employment law regulations, aiming to provide a balanced perspective on both the challenges and opportunities presented by digitalization in the legal landscape.
Schlüsselwörter (Keywords)
This assignment focuses on key concepts such as digitalization, employment law, § 623 BGB, terminations, separation agreements, formal requirements, EU directives, Regulation (EU) No 910/2014, court rulings, survey, and simplification proposals. It examines the intersection of these topics, analyzing the impact of digitalization on employment law practices and the role of formal requirements in ensuring fairness and compliance in the context of termination procedures.
- Quote paper
- Samantha Kim Schönhaber (Author), 2020, Digitalization & Employment Law. A Critical Analysis of § 623 BGB, Munich, GRIN Verlag, https://www.grin.com/document/934122
