What requirements must be fulfilled for an effective employment relationship?
June 21, 2023 | 80,00 EUR | answered by David Rüppel
Dear lawyer,
I have a question regarding employment relationships and hope you can help me. My name is Mia Sontheimer and I am currently employed in a company. Lately, some discrepancies have arisen that are making me uncertain. Therefore, I would like to know what specific requirements must be met for an effective employment relationship.
Regarding the current situation: Some time ago, I entered into an employment contract with my employer, which regulates all important conditions such as working hours, salary, and vacation entitlement. However, there are recurring issues that affect both my colleagues and myself. For example, there are often delays in salary payments or unclear regulations concerning working hours. These uncertainties are increasingly affecting me, and I wonder if my employment relationship is legally valid at all.
My main concerns are that I do not know exactly what rights and obligations I have as an employee, and whether my employer is complying with them. Therefore, I would like to know from you what specific requirements must be met for an employment relationship to be legally valid. Are there any formalities that must be observed? And what options do I have if my employer violates agreed-upon regulations?
I would be grateful if you could provide me with information on this matter, as a clear legal assessment would help me better understand my current situation. Thank you in advance for your assistance.
Sincerely,
Mia Sontheimer
Dear Mrs. Sontheimer,
Thank you for your inquiry regarding the employment relationship. I understand your concerns and uncertainties regarding your current situation and will do my best to assist you further.
An employment relationship is a contract between an employer and an employee that must meet certain requirements to be legally effective. The most important requirements include:
1. Agreement on working conditions: There must be an agreement on essential working conditions such as working hours, salary, vacation entitlement, workplace, etc. These conditions should be documented in writing in the employment contract.
2. Mutual obligations: Both the employer and the employee must be obligated to fulfill their contractual duties. The employee must provide their work performance, while the employer must pay the salary and ensure appropriate working conditions.
3. Subordination: The employee is subject to the employer's authority. This means that the employee must follow the employer's instructions and the employer has the right to control the work performance.
4. Personal work performance: The employee provides their work performance personally and cannot transfer it to third parties without the employer's consent.
If your employment relationship meets these requirements, it is legally effective. However, if problems arise such as delays in salary payment or unclear regulations regarding working hours, it is important that you know your rights as an employee.
If your employer violates agreed-upon regulations, you have various options to enforce your rights. For example, you could formally request your employer to comply with the agreed-upon regulations in writing. If this does not lead to the desired outcome, you could seek legal advice or contact the labor court.
I recommend that you consult with an experienced labor law attorney regarding your specific case to receive individual advice and support. This is the only way to ensure that your rights as an employee are protected.
I hope that my explanations have been helpful to you and I am available for further questions.
Sincerely,
David Rüppel
