Vergütungsschutz bei flexibler variabler Arbeitszeit

This text deals with the effects of flexibilisation of working time on existing legal continued remuneration rules in §§ 615, 616 civil code, the German continuation of wage payments during sickness act, the federal holiday with pay act and the maternity protection act. The text regards continued flexibilisation systems (like flexible working hours, working-time accounts, flexitime trust-bases working and on-call work) as well as implements to react on changing amounts of work (like overwork and short-time work).

The text analyses the different calculation models for continuation of payment and their practical advantages and disadvantages. The study focusses on the definition of the term overwork and the principles of vacation pay. It also deals with the problem, if the universally accepted principle of mono-causality is a suitable approach to solve the legal problems when employees are unable to work because of a concurrence of several factors.