Unterschiede im (arbeits)rechtlichen Schutz von Erwerbstätigen

The study analyzes the different protection of employees and non-employees in individual labor law. The current differences between employees, who are always in need of protection, and non-employees, who are only exceptionally in need of protection, are critically analyzed. Based on the specific norms of individual employment law, the study demonstrates that some of the differences cannot be explained either by the legislative purpose or by the characteristics of the employment contract. In fact, some of the differences can only be explained historically. The significant changes in the world of work call for a "general revision" of labor law rather than selective modifications.