Individual employment relations

The making, modification, and termination of individual employment relations and the resulting obligations for the parties form a second branch of labour law. It may also involve certain aspects of promotion, transfer, and dismissal procedures and compensation. Historically speaking, the law on these matters was at one time described as the law of master and servant. It implied a contractual relation in which one party agreed to be under the control of the other in the sense that the servant was bound to obey orders not only as to the work that he would execute but also as to the details of the work and the manner of its execution. In return, the master had to pay a wage and grant certain minimum conditions for the protection of the worker. As the law developed, the implied terms and statutory incidents attached to this relationship concerning such matters as termination of employment, dismissal procedures and compensation, minimum wages, conditions of work, and social security rights began to limit freedom of contract. The individual employment relationship continues, however, to be the subject matter of labour law to which general legal principles, as opposed to statutes and collective agreements, apply. Legally speaking, the individual contract of employment plays a more important role in the civil-law countries than in common-law countries.

Wages and remuneration

The substantive law on wages and remuneration covers such elements as forms and methods of payment, the protection of wages against unlawful deductions and other abuses, minimum wagearrangements, the determination of wages, fringe benefits, and, in highly sophisticated economies, incomes policies. The concept of wage regulation as a restraint upon extreme social evils has gradually been superseded by wage policies as deliberate instruments of positive management designed to promote economic stability and growth.

Legal requirements concerning the forms of wages and methods of wage payment deal with such matters as the proper notification of wage conditions, the payment of wages in legal tender or by check, the limitation and proper valuation of payments in kind, the freedom of the worker to dispose of his wages, regularity in wage payments, the treatment of wages as a privileged, or secured, debt, and restrictions upon the attachment or assignment of wages.

19) Occupational health and accident prevention regulations.

Accident prevention regulations

The Accident Prevention Regulations represent binding occupational health and safety obligations for every company and insured person.

 

facilities, instructions and measures which the employers have to implement to prevent accidents at work, occupational diseases and occupational risks to health, and the form of transfer of these tasks to other persons,

the insured persons to prevent accidents at works, occupational diseases and occupational risks to health,

medical examinations to be organised by the company and other medical measures, during and after the carrying out of the work, which is associated with occupational risks to life and health for the insured persons or for third parties,

prerequisites which the doctor engaged with the investigations or measures according to number 3 has to fulfil if the medical investigation is not provided for by a legal regulation,

ensuring effective first aid by the employer,

the measures which the employer must take to fulfil the obligations resulting from the law concerning company doctors, safety engineers and other experts for occupational safety,

the number of safety representatives to be appointed according to § 22 taking into account the number of occupational risks to life and health for the insured persons in the company and the number of employees.

In the accident prevention regulations according to Sentence 1 No. 3, it is possible to specify that occupational health examinations can also be arranged by the statutory accident insurers.

 

The "Berufsgenossenschaften" call the accident regulations issued by them "employers' and professional liability association's regulations for health and safety at work"

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