Betriebliche Übung und Konkretisierung im Arbeitsverhältnis

For the first time, the author examines in detail the question of demarcation between company practice and concretisation. By comparing their respective legal nature, their conditions of origin, the possibilities of preventing them from coming into existence and those of eliminating them, it is shown that the legal institutions exhibit astonishing parallels. Through a closer examination of the demarcation characteristics in question, it becomes clear that and why a demarcation characteristic of both legal institutions from each other is ultimately not necessary at all. As a result, the author argues for equal treatment of both legal institutions, which would lead to more legal certainty and unity in this area of labour law.