Auftrag, Dienst- und Arbeitsvertrag

The integration of the provisions of mandate into the contract for services and the separation of the employment contract are proposed in the literature following the model of the concept of mandate found in the Swiss Code of Obligations (OR). The Taiwanese Civil Code has adopted the concept of mandate from the OR. In both legal systems, the concept of mandate encompasses every independent service, making it difficult to justify an intermediate type, such as the quasi-employee. Despite the agency concept, the increasing number of special laws governing services in Taiwan serves to ensure legal certainty. Whereas the concept of mandate exclusively concerns independent services, the service contract in the German Civil Code (BGB) is better suited to social protection through the inclusion of the employment contract.