Labor Law Obligations Quiz

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Questions and Answers

Which of the following is an obligation of the employee?

  • Duty to grant leave
  • Duty to pay wages
  • Duty of care
  • Duty of loyalty (correct)

The employer has an obligation to document tasks and objectives.

True (A)

What obligation must an employee fulfill if they become ill?

Duty to report illness

The ___________ has a duty to employ and provide references to the employee.

<p>employer</p> Signup and view all the answers

Match the obligations with the correct party:

<p>Employee = Duty to inform about the current state of their work Employer = Duty to grant leave</p> Signup and view all the answers

What does individual labor law primarily regulate?

<p>The relationship between employers and employees (B)</p> Signup and view all the answers

Collective labor law is concerned with the relationships between employers and individual employees.

<p>False (B)</p> Signup and view all the answers

Name one body that represents employees in collective labor law.

<p>Trade unions</p> Signup and view all the answers

Collective labor law deals with the relationship between employers and __________.

<p>employee representatives</p> Signup and view all the answers

Match the following terms with their descriptions:

<p>Individual labor law = Regulates the relationship between employer and employee Collective labor law = Deals with relationships between employers and employee representatives Trade unions = Organizations representing the interests of workers Works councils = Groups of employee representatives within a company</p> Signup and view all the answers

What principle applies in labour law conflicts where higher-ranking law does not dictate precedence?

<p>Principle of favourability (A)</p> Signup and view all the answers

The principle of ordering states that an older regulation supersedes a new regulation in case of conflicts.

<p>False (B)</p> Signup and view all the answers

What is the principle that gives precedence to a more specific norm in case of conflicts at the same level?

<p>Principle of speciality</p> Signup and view all the answers

What is one reason an employee cannot be dismissed?

<p>For refusing to change from full-time to part-time (A)</p> Signup and view all the answers

In case of conflicts in labour law, the ______ ensures that a new regulation supersedes an older one.

<p>principle of ordering</p> Signup and view all the answers

Part-time employees can be treated less favorably than full-time employees.

<p>False (B)</p> Signup and view all the answers

What does the principle of equal treatment entail for part-time employees?

<p>Part-time employees should not be treated less favorably than comparable full-time employees.</p> Signup and view all the answers

Match the principles to their definitions:

<p>Principle of favourability = Ensures higher-ranking law overrides lower-ranking law Principle of speciality = Gives precedence to specific regulations over general ones Principle of ordering = Determines that newer regulations supersede older ones Principle of hierarchy = Establishes a ranking system for legal norms</p> Signup and view all the answers

An employee has the right not to be dismissed for refusing to change their employment status from __________ to part-time.

<p>full-time</p> Signup and view all the answers

What is labor law primarily concerned with?

<p>Legal relationships between employers and employees (B)</p> Signup and view all the answers

An employee is defined as someone who performs tasks without a private contract.

<p>False (B)</p> Signup and view all the answers

What is § 611a BGB related to in labor law?

<p>It defines the employment contract as a special type of private employment contract.</p> Signup and view all the answers

According to labor law, a contract that establishes a personal relationship of dependence is known as an __________.

<p>employment contract</p> Signup and view all the answers

Match the following terms related to labor law with their descriptions:

<p>Employee = Obligated to perform tasks under another person's direction Employment contract = Private contract establishing a work relationship Labor law = Governs relationships between employers and employees</p> Signup and view all the answers

What is defined as part-time work under the Part-time and Fixed-term Employment Act?

<p>Working hours fewer than those of a comparable full-time position (D)</p> Signup and view all the answers

An employee can claim part-time work after only 3 months of service.

<p>False (B)</p> Signup and view all the answers

How many employees must be in a company for an employee to have a claim to part-time work?

<p>15</p> Signup and view all the answers

Part-time work is defined when agreed upon working hours are fewer than those of a comparable __________ position.

<p>full-time</p> Signup and view all the answers

Match the following conditions with their requirements for claiming part-time work:

<p>Condition 1 = At least 6 months of employment Condition 2 = Minimum of 15 employees in the company</p> Signup and view all the answers

What is the maximum duration allowed for a calendar-based term of an employment contract before it needs to be justified with substantive grounds?

<p>Two years (B)</p> Signup and view all the answers

A purpose-based employment contract can last longer than two weeks from notifying the employee of the completion of the purpose.

<p>False (B)</p> Signup and view all the answers

What happens to a fixed-term employment contract when the specified timeframe expires?

<p>It ends automatically.</p> Signup and view all the answers

A purpose-based employment contract terminates upon achieving the ________.

<p>purpose</p> Signup and view all the answers

Match the type of employment contract with its description:

<p>Fixed-term contract = Ends automatically when the specified timeframe expires Calendar-based contract = Allowed for up to two years without justification Purpose-based contract = Terminates upon achieving the specified purpose Extensions = A maximum of three extensions permitted for same timeframe</p> Signup and view all the answers

Which of the following is NOT a required component of an employment contract according to § 2 NachweisG?

<p>Annual leave entitlement (A)</p> Signup and view all the answers

An employer must provide a written document detailing the employment contract on the first day of work.

<p>True (A)</p> Signup and view all the answers

What is the maximum time period in which an employer must provide the written document detailing the employment contract after the agreed start date?

<p>Seven days</p> Signup and view all the answers

The _____ relationship in fixed-term employment must include an end date or foreseeable duration.

<p>duration of the employment</p> Signup and view all the answers

Match the following components to their descriptions:

<p>Time of commencement = When the employment starts Wages = Composition and amount of compensation Place of work = Location of the employment Probationary period = Duration of initial assessment of employment suitability</p> Signup and view all the answers

Which of the following is covered under Labor Protection Law?

<p>Legal provisions safeguarding employee health (B)</p> Signup and view all the answers

Collective Bargaining and Labor Disputes Law does not involve strikes.

<p>False (B)</p> Signup and view all the answers

What is the main focus of Employment Contract and Employment Relationship Law?

<p>The legal rules governing the employment relationship established by a contract between employer and employee.</p> Signup and view all the answers

The _____ governs the enforcement of labor rights in employment tribunals.

<p>Labor Procedure Law</p> Signup and view all the answers

Match each section of labor law with its corresponding focus:

<p>Employment Contract and Employment Relationship Law = Legal rules governing employment contracts Labor Protection Law = Safeguarding employee health Collective Bargaining and Labor Disputes Law = Enforceability of collective agreements Company and Corporate Governance Law = Employee involvement in company decisions</p> Signup and view all the answers

What is the minimum notice period required for submitting an application for reduced working hours?

<p>3 months (B)</p> Signup and view all the answers

An employer can refuse a reduction of working hours for any reason.

<p>False (B)</p> Signup and view all the answers

What must an application for reduced working hours specify aside from the desired hours?

<p>effective start date</p> Signup and view all the answers

An employer's refusal to reduce working hours must be backed by ______ reasons of refusal.

<p>compelling</p> Signup and view all the answers

Flashcards

Hierarchical Order of Norms

Higher-ranking laws take precedence over lower-ranking laws in case of conflict.

Principle of Favourability

In labour law, the most beneficial law for the worker is applied, even if it's lower-ranking.

Principle of Speciality

A more specific law overrides a general law on the same level.

Company-Specific Collective Bargaining Agreement

A contract negotiated between a company and its employees, setting out terms and conditions of employment.

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Sector-Wide Collective Bargaining Agreement

A contract negotiated between employers and employees in a specific industry, setting out general terms and conditions.

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Labor Law

A set of rules that govern the relationship between workers (employees) and their employers.

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Individual Labor Law

Focuses on the individual agreement between an employer and employee, covering rights, responsibilities, and conditions of employment.

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Collective Labor Law

Regulates the relationship between employers and groups of workers, often represented by unions or works councils.

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Works Councils?

Employee representatives elected by workers in a company to discuss workplace issues with management. They act as a voice for employees.

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Trade Unions

Organizations that represent workers, negotiating with employers on issues like wages, working conditions, and employee rights.

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Employee's Duty of Loyalty

The employee must act in the best interests of the employer and avoid conflicts of interest.

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Employee's Duty of Confidentiality

The employee must protect sensitive information of the employer, such as trade secrets or customer data.

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Employer's Duty of Care

The employer must provide a safe and healthy work environment for the employee.

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Employer's Duty to Pay Wages

The employer must pay the employee the agreed upon wages on time and in full.

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Employer's Duty of Equal Treatment

The employer must treat all employees fairly and without discrimination.

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Notice Protection

Employees cannot be dismissed for refusing to change from full-time to part-time work or vice versa.

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Equal Treatment Principle

Part-time employees must be treated the same as comparable full-time employees, using the same assessment criteria. This does not mean they get the same performance rating, but rather are judged fairly.

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Comparable Full-Time Employee

A full-time employee with similar responsibilities, skills, and experience as a part-time employee used as a benchmark for fair treatment.

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Part-time Employee Rights

Part-time employees are protected from being treated less favorably than full-time employees with similar roles.

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Assessment Criteria

The standards used to evaluate both part-time and full-time employees for performance and other factors.

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What is Labor Law?

Labor law is the set of rules that govern the relationship between employees and their employers. It covers things like work conditions, pay, and employee rights.

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Who is an Employee?

An employee is someone who works for another person under a contract, performing tasks as directed, and has a personal relationship of dependence on their employer.

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Employment Contract

An employment contract is a specific type of private contract between an employer and an employee outlining rights, responsibilities, and working conditions of employment.

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What is Excluded from Labor Law?

Labor law focuses on relationships based on private law (e.g., contracts). Relationships not based on this, such as volunteer work or family businesses, are excluded from labor law.

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Private vs. Public Labor?

Labor Law deals primarily with private employment contracts, meaning it excludes public sector employment (like government jobs).

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Employment Contract Contents (NachweisG)

A written document outlining key details of an employment contract, required by German law (Proof of Employment Act, NachweisG).

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Start Date

The date when the employment relationship officially begins.

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Duration of Employment

The length of time the employment relationship is expected to last. This can be fixed-term or indefinite.

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Work Location

The place where the employee is expected to perform their work.

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Work Description

A detailed explanation of the tasks and responsibilities the employee will undertake.

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Part-time work definition

A work arrangement where the hours agreed upon between the employee and employer are less than those of a comparable full-time position within the same company.

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Claim to part-time work

An employee's right to request a reduction in working hours to part-time, under specific conditions.

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Company size requirement

To claim part-time work, the company must have at least 15 employees.

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Employment duration requirement

To claim part-time work, employees must have worked for the company for at least 6 months.

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TzBfG

The Part-time and Fixed-term Employment Act, a German law regulating part-time and fixed-term employment contracts.

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Fixed-Term Contract

An employment contract with a specific end date, ending automatically when the timeframe expires.

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Purpose-Based Contract

An employment contract that ends when a specific task or project is completed. Maximum contract length is 2 weeks after the employee is notified of completion.

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Contract Extension

A legal option for a calendar-based contract to be extended for up to three periods of two years each.

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Calendar-Based Contract

An employment contract with a defined duration based on a calendar timeframe, like months or years.

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Maximum Contract Duration

For calendar-based contracts, the maximum allowed term is two years initially, with up to three two-year extensions.

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Reduced Working Hours Application

An employee's request to work fewer hours must be submitted 3 months in advance. The employer can't refuse unless there are business reasons.

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Business Reasons for Refusal

An employer can refuse reduced working hours if it significantly disrupts the workplace, workflow, safety, or causes excessive costs.

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Application for Reduced Hours

The application must be written, stating the desired number of hours and the effective start date.

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Employer's Proof of Refusal

If an employer refuses reduced working hours, they must provide compelling reasons for the refusal.

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Collective Agreement on Refusal

Collective agreements between employers and unions can specify additional reasons for refusing reduced working hours.

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What are the main sections of labor law?

Labor law divides into five main sections: employment contract and relationship, labor protection, collective bargaining and disputes, company governance, and labor procedure.

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What is the purpose of labor protection law?

To safeguard the health of employees, often through specific legislation like the German Labor Protection Act (ArbSchG).

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What is collective bargaining?

The process of unions or representatives negotiating with employers to create agreements about working conditions, pay, and other benefits.

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What is the role of company governance in labor law?

It covers how employees are involved in company decision-making, reflecting their rights and interests.

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Study Notes

Introduction to Labour Law

  • Labour law differentiates between individual and collective labour law
  • Individual labour law governs the relationship between employers and employees
  • Collective labour law governs the relationship between employers and employee representatives (e.g., trade unions, works councils)

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