remuneration
Remuneration (Latin remuneratio - reward), also remunerating , is a term in Anglo-Saxon and continental European legal systems . The term roughly corresponds to that of the gratification under German labor law , a reward that goes beyond the basic salary . There is also the remunerative gift, which is to be distinguished from the gratuity or remuneration.
Remuneration as a special payment
In Austria , remuneration (see Section 16 of the Salaried Employees Act) means a special payment in addition to wages that is paid out periodically. They are comparable to the gratuities in German labor law. Examples are the vacation allowance and the Christmas bonus . Section 16 of the AngG makes it possible to establish a claim in collective or individual employment contracts.
Further uses of the term
Remunerant activity in Austria
Performing a remunerant activity does not establish an employment relationship in Austria and can therefore be pursued without an employment permit. Asylum seekers can work as a remunerant and include the following areas of activity:
- Ancillary activities that are directly related to their accommodation, such as cleaning activities, working in the kitchen, transport services, maintenance activities
- Charitable ancillary activities for the federal government , states , municipalities and municipal associations , such as activities in landscape maintenance and design, the care of parks and sports facilities, support activities in administration
- Ancillary activities in organizations and non-governmental organizations (NGOs) that are under the influence of a regional authority or a community association
For employees there is accident insurance while performing remunerant activities, compensation is in the form of a "recognition contribution". The additional income limit is generally 110 euros per month, in some federal states there are higher additional income limits.
Remunerative donation
Germany
The Federal Court of Justice defines the term “remunerative donation” as a legal transaction by which the donor grants the donee a legally not owed reward for a service rendered by him. The term cannot be found in the Civil Code itself, although the term used to play a (controversial) role in law and legal practice. From this it is concluded that such “rewards” or “rewarding donations” are only subject to the right of gift. It is difficult to differentiate between retrospective payment (contractual payment) and free reward (gift).
Austria
The rewarding donation of §§ 940, 941 is also called a remunerative donation.
Web links
Individual evidence
- ↑ cf. Remunerating from Meyers Konversationslexikon from 1888, Volume 13, p. 13.723
- ^ Theo Mayer-Maly : "Problems of the Codification of Labor Law in Austria", in: Theo Mayer-Maly: "Selected writings on labor law", Vienna 1991, p. 151.
- ↑ Wolfgang Kozak: "Important information from employee rights", 2009, PDF ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ https://www.bmi.gv.at/301/Allgemeines/BegriffsbestUNGEN/start.aspx
- ↑ http://www.soziales.steiermark.at/cms/dokumente/12102519_112908349/08f5dc48/Leitfaden_GemeinnuetzigeBeschaeftigung_ZEBRA2016.pdf
- ↑ https://kurier.at/politik/inland/umfrage-mehrheit-will-asylrechte-zu-gemeinnuetziger-arbeit-verpflichten/400446775
- ↑ Asylum seekers: Only 1.50 euros per hour. In: DiePresse.com. March 24, 2019, accessed August 10, 2019 .
- ↑ Lindenmaier-Möhring § 516 No. 15.
- ↑ Motifs for the drafts of the Civil Code for the German Reich, Volume II, Law of Obligations, Official Edition Berlin Leipzig 1888, p. 289
- ↑ Sefrin, in: jurisPK-BGB 4th edition 2008; Staudinger / Susanne Wimmer-Leonhardt (2005), § 516 BGB marg. 160, 72.
- ↑ Helmut Koziol , Peter Bydlinski , Raimund Bollenberger : Brief Commentary on the ABGB, Vienna New York 2005, §§ 940, 941 Rn 1.
