Employment Promotion Act under labor law
| Basic data | |
|---|---|
| Title: | Labor law to promote growth and employment |
| Short title: | Labor Law Employment Promotion Act (official) Employment Promotion Act 1996 (not official) |
| Abbreviation: | WFArbRG (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Art. 74 para. 1 no. 12 GG |
| Legal matter: | Employment Law |
| References : | 800-2 |
| Issued on: | September 25, 1996 ( BGBl. I p. 1476 ) |
| Entry into force on: | October 1, 1996 |
| GESTA : | G052 |
| Weblink: | Text of the WFArbRG |
| Please note the note on the applicable legal version. | |
The Labor Law Employment Promotion Act was part of the "Program to Promote Growth and Employment" ( austerity package ) of the CDU / CSU / FDP government under Federal Chancellor Kohl from 1996.
Political background
The law came into being under the impression of the increasingly clear consequences of globalization and four million unemployed. The government's goal was through a reduction of non-wage labor costs "of employment-friendly flexibility and labor law " the economic growth to support and thus indirectly to create new jobs. For this purpose, the employment protection law has been amended by the Employment Promotion Act, the continued payment of wages in the event of illness has been limited and the conclusion of fixed-term employment contracts has been made easier.
content
- Article 1: Amendment of the Law on Protection against Employment . The threshold up to which a company is not subject to the Employment Protection Act has been increased from five to ten employees. As a result of this change, employees in companies with ten or fewer employees no longer enjoyed general protection against dismissal. However, a three-year transitional regime has been created to protect the acquis .
- Article 2: Amendment of the Federal Holiday Act
- Article 3: Amendment of the Continued Payment Act . The wages to be paid by law in the event of illness were reduced to 80 percent. A waiting period of four weeks had to be observed for newly established employment relationships.
- Article 4: Facilitating the conclusion of fixed-term employment relationships by amending the Act on Labor Law Regulations on Employment Promotion.
- Article 5: Amendment of the Works Constitution Act
- Article 6: Transitional regulation to bankruptcy law
- Article 7: Amendment of the Civil Code
- Article 8: Amendment of the Workplace Protection Act
- Article 9: Amendment of the Labor Protection Act
- Article 10: Amendment of the Occupational Safety Act
- Article 11: Amendment of the Vocational Training Act
- Article 12: Amendment of the Federal Education Allowance Act
- Article 13: Entry into force
Corrections 1998
The changes made in the Employment Promotion Act under the Employment Promotion Act and in the Continued Remuneration Act were partially withdrawn in 1998. The newly elected red-green federal government under Chancellor Schröder introduced the law to make corrections to social security and to secure workers' rights . The reason for this correction law states that the “cuts in employee protection rights” made by the labor law employment promotion law “impaired social peace and social partnership as important framework conditions for motivation and performance”. The goal of creating additional jobs, however, has not been achieved. Therefore, among other things, the threshold in the Dismissal Protection Act has been reduced to five employees. The amount of the remuneration for continued remuneration in the event of illness has been set at 100 percent by law .
Demarcation
The Labor Law Employment Promotion Act is not identical to the Law on Labor Law Regulations on Employment Promotion, which was in force from 1985 to 2000 . The latter was the forerunner of the Part-Time and Temporary Employment Act . In order to avoid confusion because of the name, the Labor Law Employment Promotion Act is also referred to as the "Employment Promotion Act 1996", while the law on labor law regulations on employment promotion is referred to as the "Employment Promotion Act 1985".
literature
Monographs
- Dietmar Heise, Holger M. Lessenich, Philip W. Merten: The new labor law at a glance. Changes due to the labor law employment promotion law 1996. Haufe, 1st edition, Freiburg im Breisgau 1997, ISBN 3-448-03558-0 .
- Bernd Schiefer, Michael Worzalla: The Labor Law Employment Promotion Act and its effects on operational practice. Luchterhand, 1st edition, Neuwied 1996, ISBN 3-472-03057-7 .
- Thomas Volmar: The new Employment Promotion Act. Effects on fixed-term employment relationships, continued pay and dismissal. Forum Verlag, 1st edition, Mehring 1996, ISBN 3-932021-17-7 .
Essays
- Rudolf Buschmann: Balance of a failed law. The Labor Law Employment Promotion Act 1996. In: Labor Law and Labor Courts. Festschrift for the 50th anniversary of labor jurisdiction in Rhineland-Palatinate. 1999, pp. 543-562.
- Manfred Löwisch: The labor law employment promotion law. In: Neue Zeitschrift für Arbeitsrecht 1996, pp. 1009-1017.
- Ulrich Preis: The Employment Promotion Act 1996. In: Neue Juristische Wochenschrift 1996, pp. 3369–3378. Download (PDF; 161 kB)