Even workers know a customary law.
The term "common law" means the law, which can not be established in a legislative procedure or similar formal. It is an unwritten law that arises from habit. So the fact that someone behaves in a certain way. This may be your employer z. B.. In this way, can result in a company practice.
Informal practices as customary law
A company practice arises when the employer repeatedly behaves in the same way. For example, it could give you pay a Christmas bonus for several consecutive years.
- There is no entitlement to this payment under the employment contract or under a collective agreement, may lead to a company practice. Can - but does not have to! It is crucial that your employer behaves in exactly the same way and thus a situation of trust is created.
- If he pays you the Christmas bonus for several consecutive years in each different height and due to a calculation, there is no company practice. It is absent in this case, typical of the common law practice.
- In labor law arises only after a certain repetition rate a company practice. According to the case you, the employer must have successively granted the special payment three years without that he was legally obliged to do. Only after the threefold repetition of the same payment, the necessary trust is created facts.
VorbehaIt is in labor possible
- To avoid the emergence of an operational exercise, labor law provides an easy way: your employer declared before granting the payment, that this is only subject to and for the future so that no claim is connected.
- In a statement such you can not trust that you will receive a payment of the same amount next year. Thus the emergence of an operational exercise is excluded.
For public employers Special rules apply
- The civil service is characterized in that the benefits are limited in employment by the budget law. When a public employer can your salary generally do not negotiate, but are grouped.
- The budget law allows the public employer not to spend more money than he needs it due to legal obligations. Not Getting bonuses or allowances, the collective agreement or employment provide therefore does not incur operational training. Rather, your employer has more mistaken about the fact that the collective agreement provides for such payment.
Conclusion: customary law there is an employment relationship. Typical is the company practice.