In this paper, the article § 623 BGB will be critically analysed, because the article regulates the formal requirements of terminations and separation agreements. To gain a general overview the touched paragraphs of the German Civil Code, shortened to BGB, will be included in the assignment in the original language and the latest translation into English.
Due to the current situation, the worldwide corona pandemic, the world of work is becoming increasingly unbounded. Employers and employees gradually see the advantages of home office and “New Work”. The pandemic forced companies and employees to organize their new work environment quick, which sometimes ended up in a disorganized and chaotic way. If new forms of work are implemented in a planned manner in the future, all sides can benefit even more. The crisis, in general, holds plenty of opportunities to set a new course for the future of work. On the long run authorities will have to support the upcoming requirements of employees and employers with adjusted rules and regulations. An essential part of the employment cycle for employees and employers are terminations and sometimes even separation agreements.
Table of Contents
1 Introduction
2 Methodology
3 § 623 BGB and its purpose
3.1 Implementation and consequences of the Directive 1999/93/EC on the written form in the BGB
3.2 Regulation (EU) No 910/2014 and it´s aim
4 Overview of important formal requirements in labor law
5 Simplification proposals
6 Summary of the survey results
7 Conclusion
Research Objectives and Topics
This academic paper provides a critical analysis of § 623 of the German Civil Code (BGB) within the context of increasing digitalization in the modern working environment. It examines whether the mandatory written form for employment terminations and separation agreements remains appropriate in an era where digital signatures are becoming standard, aiming to weigh the balance between legal certainty and the necessity for modern, flexible labor processes.
- Legal analysis of § 623 BGB regarding termination requirements
- Evaluation of EU directives and regulations on electronic signatures
- Comprehensive overview of formal requirements in labor law
- Assessment of the necessity for modernizing employment contract formalities
- Empirical insights into current attitudes towards digital signatures in HR
Excerpt from the Book
3 § 623 BGB and its purpose
Before summarizing the purpose of the § 623 BGB the paragraph itself is introduced in its current form: Table 1: § 623 BGB German - English. German: „§ 623 Schriftform der Kündigung. Die Beendigung von Arbeitsverhältnissen durch Kündigung oder Auflösungsvertrag bedürfen zu ihrer Wirksamkeit der Schriftform; die elektronische Form ist ausgeschlossen.“ English: “Section 623 Written form of termination. Termination of employment by notice of termination or separation agreement requires written form to be effective; electronic form is excluded“.
The norm was inserted by Art. 2 of the “Law on the Simplification and Acceleration of Labor Court Proceedings” (Labor Court Acceleration Law) on 30th March 2000 and was amended on the 21st December 2000 with the removal of the words “sowie die Befristung” in English: “as well as the time limit”. This part of the paragraph refers to fixed-term employment contracts, which are subject to special requirements. For the right to set a time limit to a labor contract, the written form is now regulated separately in § 14 IV TzBfG.
The latest change - 13th July 2001 – in the § 623 BGB has excluded the possibility of replacing the written form with the electronic form for terminations and cancellation agreements in accordance with § 126 III BGB. No changes were made to this paragraph since.
The legislator's aim in ordering the obligatory form requirement in § 623 BGB is to ensure the highest possible degree of legal certainty and at the same time to relieve the burden on the labor courts. It is intended to avoid unproductive legal disputes as to whether a dismissal has been given at all or to make the corresponding collection of evidence considerably easier.
Summary of Chapters
1 Introduction: This chapter highlights the impact of the corona pandemic on modern work environments and introduces the critical examination of § 623 BGB regarding termination formalities.
2 Methodology: This section details the research approach, including the analysis of EU directives, legal amendments, court rulings, and the findings of an original survey on digitalization.
3 § 623 BGB and its purpose: This chapter introduces the current text of § 623 BGB, outlines its legislative history, and explains its primary functions: warning, clarification, and evidentiary protection for parties.
3.1 Implementation and consequences of the Directive 1999/93/EC on the written form in the BGB: This subsection discusses how European directives on electronic signatures influenced German civil law and the adaptation of formal requirements.
3.2 Regulation (EU) No 910/2014 and it´s aim: This subsection examines the updated EU regulations intended to foster trust in online electronic transactions and identify potential impacts on national legislation.
4 Overview of important formal requirements in labor law: This chapter provides a structured classification of various labor law declarations, differentiating between text form, qualified electronic signatures, and traditional written forms.
5 Simplification proposals: This chapter outlines demands from legal scholars to modernize formal requirements and adapt them to current digital possibilities to increase legal certainty.
6 Summary of the survey results: This chapter presents the empirical data gathered from a survey among MBA students and professionals regarding their trust in and openness toward digital signatures in employment contexts.
7 Conclusion: This final chapter synthesizes the research findings, arguing that while § 623 BGB currently poses a hurdle, modernizing formal requirements for terminations is advisable in an increasingly digital world.
Keywords
Digitalization, Employment Law, § 623 BGB, Written Form, Termination, Electronic Signature, Qualified Electronic Signature, Labor Courts, Legal Certainty, EU Regulation 910/2014, HR Management, New Work, Formal Requirements, Separation Agreement, Digital Transformation.
Frequently Asked Questions
What is the primary subject of this research paper?
The paper focuses on the legal requirement of the "written form" for employment terminations and separation agreements in Germany, specifically examining § 623 BGB in the light of increasing digitalization.
What are the central thematic fields covered?
The work covers labor law, civil law, digital signature technology, European Union regulatory frameworks, and employee/employer perspectives on digital HR processes.
What is the core research goal?
The objective is to critically analyze whether the strict written form requirement of § 623 BGB is still appropriate or if it should be modernized to accommodate electronic forms of documentation.
Which scientific methods are employed?
The author uses legal dogmatic analysis of statutes and directives, combined with a literature review and an empirical survey conducted among professionals to gauge contemporary attitudes.
What is addressed in the main body of the text?
The body analyzes the legislative history of § 623 BGB, compares it with EU regulations on electronic identities, categorizes formal requirements in labor law, and discusses expert proposals for legal simplification.
Which keywords best characterize the work?
Key terms include digitalization, employment law, § 623 BGB, written form, electronic signature, and legal certainty.
Does the author suggest that § 623 BGB is outdated?
Yes, the author argues that the current requirement poses a significant hurdle for modern, flexible working arrangements and suggests that the law should be softened to allow electronic signatures.
What role does the survey play in the conclusion?
The survey results provide empirical evidence that many professionals are comfortable with digital alternatives, supporting the author's argument that trust in digital processes is growing.
- Citation du texte
- Samantha Kim Schönhaber (Auteur), 2020, Digitalization & Employment Law. A Critical Analysis of § 623 BGB, Munich, GRIN Verlag, https://www.grin.com/document/934122
