Attitude (work)
In human resources, hiring refers to the establishment of an employment relationship through the conclusion of an employment contract between employer and employee at companies , in public administration or other organizations as well as the appointment to an employment relationship with an employer . However, it does not only depend on the contractual or legal relationship between the employee and the employer (company owner). Rather, the decisive factor is whether the employee is subject to the right of instruction and direction of those responsible in the company.
A position subject to co-determination according to § 99 BetrVG exists if people are employed in the company (company) in order to fulfill its technical purpose with other employees of the company through activities bound by instructions.
General
The setting is first the application along with the interview of a work force ahead of possibly a recruitment test or aptitude test follows. A formal appointment can only be made after passing the test.
The employee makes a certain work available to the employer from the time of hiring . In return , the employer undertakes to pay the wages . These are the main obligations that are regulated in an employment contract , along with other secondary obligations . The hiring of personnel is the beginning of an employment relationship that can later be the subject of personnel measures such as training , advanced training , in- company training , employee evaluation , promotion , demotion , transfer , retirement and dismissal . Learning by doing and training on the job are also forms of further training that can take place after employment.
Formal requirements
An employment contract does not necessarily have to be drawn up in writing. In some industries , the “ handshake ” (verbal) is common and sufficient for recruiting. This also applies to a contract for part-time work . If a fixed-term employment relationship is agreed, (only) the fixed-term agreement needs to be in writing to be effective ( Section 14 (4) Part-Time and Fixed-Term Employment Act ). However, in accordance with Section 2 (1) of the Evidence Act, the written form is required at the latest one month after the agreed start of any employment relationship, whereby the essential contractual conditions must be set out in writing.
If the written form for the employment contract is stipulated in a collective agreement , it can be a constitutive or only declaratory regulation. In the case of a merely declaratory clause , a non-written employment contract is also formally effective, but the employee has a legal claim to a written contract.
Legal issues
The concept of employment under works constitution law is broader than the one defined above. According to this, a hiring occurs when a person is integrated into the company in order to realize its technical purpose together with the employees who are already employed there through activity bound by instructions . From this z. B. an intern or a temporary worker can also be recorded. In this respect, it is neither necessary to conclude an employment contract, nor has the hiring been carried out with the conclusion of the contract as long as the employee has not yet been integrated into the company. As a rule, an employment contract that has already been concluded is carried out with the appointment. The same applies in the public service with regard to the co-determination rights of the staff councils there .
Recruitment is one of the personnel measures or matters that require the co-determination ( consent ) of the works council ( Section 99 (1) BVG ) or staff council ( Section 75 (1) No. 1 BPersVG , Section 72 (1) LPVG NRW ). The employer must inform the works council before hiring, so that actual employment may not have taken place, even if an employment contract already exists. In particular, there is no employment if someone returns to his or her place of work after an interruption ( e.g. maternity leave , parental leave ).
labour market
The share of newly hired workers in total employment is an indicator of the fluctuation in the labor market . In 2014, 13% of those in employment in Germany between the ages of 20 and 64 were newly hired in the last twelve months. In an EU-wide comparison, Denmark recorded the highest rate of change in the labor market. With an overall very high level of employment in 2014, more than one in five employees (21%) had started a (new) job in the past twelve months. There was hardly any movement on the job market in Romania : only one in 20 employees there had changed jobs or started a new job.
Web links
Individual evidence
- ↑ cf. Schaub ArbR Handbook, § 241, No. 11, 9th edition, FKHE § 99 RdNr. 28 ff.
- ^ BAG , judgment of November 12, 2002, Az .: 1 ABR 60/01
- ↑ Ulrich Pallasch, Labor Law: A Textbook for Economists , 2014, p. 134
- ↑ Harald Schliemann / Reiner Ascheid (eds.), Labor law in the BGB: Commentary , 2002, § 611 Rn. 493
- ↑ Federal Statistical Office , Labor Market at a Glance - Germany and Europe , 2016, p. 30
- ↑ Federal Statistical Office, Labor Market at a Glance - Germany and Europe , 2016, p. 32
