Abstract (eng)
Different social, economic and digital developments are leading to the emergence of new forms of work that depart from regular two-party full-time employment. However, not every new form of organizing work necessarily deviates from this, as can be seen, for example, in the case of 'employee sharing' or 'employer association' (Arbeitgeberzusammenschluss). In this case, a group of companies establishes a so-called employer association in order to combine their hourly or daily staffing requirements in the individual companies and thereby jointly create a permanent full-time position. As a formal employer, the employers' association coordinates the work assignments of the employees with the individual member companies, which in return make a financial contribution to the employers' association to cover the costs. Prima facie the employer association model has similarities with temporary employment agencies. However, differences arise from the fact that in an employer association, employees already know at the time of their recruitment to which companies they will be deployed. Another distinctive feature is that the employers' association is not designed to generate profit from the coordination of employees for the respective member companies. In this thesis, the first step is to discuss whether an employers' association falls within the scope of the Arbeitskräfteüberlassungsgesetz (Temporary Agency Work Act). Furthermore, it will be examined whether - despite the non-profit orientation of the employers' associations - a commercial activity as defined by the Gewerbeordnung (Commercial Code) exists. In a further step, the insights gained from this will be used to answer the highly relevant question of determining remuneration of employees employed by an employers' association. Moreover, it will be examined whether an employer association can be established as a Gesellschaft bürgerlichen Rechts (Civil Law Partnership) and what effects result from the lack of legal capacity with regard to the employer functions. Finally, the special legal provisions of the Landarbeitsgesetz (Agricultural Labor Act) are examined, which provide the possibility of establishing employer associations in agriculture and forestry as of July 1, 2021.