Federal Labour Court

2. How can you tell whether one is an employee? According to the established case law of the Federal Labour Court workers who is obliged under a private agreement on behalf of another weisungsgebundener, certain third-party work according to personal performance. The authority can content, time, duration and location of the activity concerning. Workers is one employee who can not essentially free to make its activities and determine its working time. These are to consider all circumstances of the case into account and appreciate in its entirety.

The respective contract type arises from the real content of the business. The mandatory statutory provisions for employment may not be waived, that the parties her Another term type employment. The objective content of business is to remove the explicit agreements and the implementation of the Treaty. Agreement and actual implementation, contradict each other is governed by the latter (BAG judgment of 20.5.2009, AZ: 5 AZR 31/08, quoted by juris). 3. effective implementation of the treaty relationship significantly is always the actual execution of the contractual relationship. Here it then depends on the following criteria: the more criteria are met, the sooner one can assume by the actual existence of an employment relationship. “Temporal direction binding time directive binding is given when permanent service readiness is expected or when the employee to a not inconsiderable extent even without such an agreement will be used, so the working times ultimately assigned to” be (see Munich, judgment of the 11.6.2010, AZ was.

5 SA 582/09 – juris-). Also the integration into service and vacation plans is a clear indication of the time Weisungsgebundenheit. Local authority binding local directive binding exists if the employee must perform his work on a specific, predetermined by the principal place, E.g. in the Office of the principal. Local authority binding can be but also, if workers must work while at home, must be there but always present.