Myths in labour law – No. 2
Wrong. Marginal workers have the same rights. In the case of the marginally paid mini-job the employee may not regularly earn more than EUR 450 per month. Only with regard to social security and tax are there special rules. However, marginally employed workers may not be treated worse than comparable full-time workers. The marginally employed worker is therefore just as entitled to holiday pay, continued payment in the event of illness, minimum wage and protection against dismissal.
In practice, however, this is violated more frequently than in almost any other area of labour law. Furthermore, many employers fall into the "trap" of "work on demand". Marginal workers are often employed without a clear contractual basis irregularly as needed and often only selectively to a small extent. The legal consequences of section 12 of the Part-Time and Fixed-term Employment Act are overlooked. For example, if the duration of the weekly working time is not specified, a working time of 20 hours is deemed to be agreed. Violations can lead to considerable additional claims by employees. Also, the statutory minimum leave is linked to the number of working days. The amount of work on the respective working day is irrelevant. All in all, experience has shown that countless employers often unwittingly expose themselves to considerable risks in the area of marginal employment.