1. What is the legislative change comprised of?
During the course of the amendment of the AÜG [German Temporary Employment Act], the legislator newly introduced paragraph 611a into the German Civil Code (BGB). The inclusion of the new paragraph took place as of 1st April 2017. With this, the employment contract is clearly defined as an individual type of law for the first time. Wording of Section 611a I BGB:
By virtue of the employment contract, the employee is obligated, at the service of another party, to perform work bound by instructions, directed by others in personal dependency. The right to issue instructions may relate to the content, implementation, time and location of the activity. Anyone who is not essentially free to structure his activity and determine his working time is bound by instructions. The degree of personal dependency is also based on the specific nature of the respective activity. An overall analysis of all circumstances must be performed to determine whether an employment contract exists. If the actual implementation of the contractual relationship shows that it involves an employment relationship, the description in the contract is irrelevant.