Home Work Act
| Basic data | |
|---|---|
| Title: | Home Work Act |
| Abbreviation: | HAG (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Employment Law |
| References : | 804-1 |
| Issued on: | March 14, 1951 ( BGBl. I p. 191 ) |
| Entry into force on: | April 22, 1951 |
| Last change by: |
Art. 11 G of May 20, 2020 ( Federal Law Gazette I p. 1055, 1058 ) |
| Effective date of the last change: |
January 1, 2021 (Art. 20 G of May 20, 2020) |
| GESTA : | G040 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Home Work Act is a German federal law. It protects people who work from home by regulating unit or hourly wages and special payments. The law also regulates social security, which comes into effect in the event of illness, short-time work, dismissal and bankruptcy. It also prescribes minimum wages.
As a rule, homeworkers are paid not according to time, but according to the pieces made. According to the Homework Act, homeworkers do not have to sell the products they produce themselves. Companies that do not adhere to the Home Work Act may be prohibited from spending homework.
Term of homeworker
"Homeworkers are those who work in a self-chosen workplace (their own apartment or business premises) alone or with their family members on behalf of tradespeople or interim foremen, but leave the exploitation of the work results to the directly or indirectly commissioning trader" ( Section 2, Paragraph 1, Clause 1 HAG ).
“Qualified employees can also work from home i. S. v. § 2 para. 1 sentence 1 HAG if they are carried out under the conditions of home work. Home work is not limited to commercial or comparable activities. ”In Section 2 Paragraph 1 Clause 1 HAG the feature (clarifying / expanding; str.)“ Commercial ”was replaced by“ commercial ”in order to make it clear in the legal text that salaried activities are included in the scope of protection of the law as such activities are carried out under the conditions of home work. Accordingly, a software developer can also work from home.
structure
- First section: General regulations
- Second section: Competent labor authority, home work committees
- Third section: General protective regulations
- Fourth section: protection of working hours
- Fifth section: Protection of hazards (occupational safety and public health protection)
- Sixth section: Fee regulation
- Seventh section: Protection against payment
- Eighth section Duty to provide information and clarification about charges
- Section 9: Termination
- Section 10: Ban on spending
- Eleventh section: criminal offenses and administrative offenses
- Section 12: Final Provisions
prehistory
On December 20, 1911, the Reichstag passed the Housework Act. It came into force on April 1, 1912. It contained, among other things, regulations on health protection and operational and hazard protection for home workers. For the first time in Germany, aspects of home work were regulated by law. Regulations on the open display of payrolls and the issue of payrolls did not come into force until January 1, 1918.
The Homeworker's Wage Act of June 27, 1923 changed parts of the Housework Act. It came into force on July 1, 1923. In 1939, shortly after the start of the Second World War , the Home Work Act of October 30, 1939 and an implementing ordinance came into force.
Individual evidence
- ↑ BAG, judgment of June 14, 2016, Az. 9 AZR 305/15. Marg. 43 full text .
- ↑ BAG, judgment of June 14, 2016, Az. 9 AZR 305/15, LS, full text .
- ↑ BAG, judgment of June 14, 2016, Az. 9 AZR 305/15, full text .
- ↑ Housework Act, full text (pdf).
- ↑ Friedrich-Ebert-Stiftung : Chronology 1911 .
- ↑ RGBl. I p. 467, full text .
- ↑ RGBl. I pp. 2145 and 2152.
