Archäologie: Wenn ein Festvertrag nichts Festes ist

Ein Kommentar zur Gestaltung von Arbeitsverträgen auf archäologischen Ausgrabungen (Arbeitspapiere CIfA Deutschland 1)

Abstract

Beyond civil service posts, German archaeology currently has a large variety of differently designed employment contracts. In this context, aspects of employment law and contract law are taken into account very differently: reasons for a time limit, protection against dismissal, job descriptions, holiday and payment modalities can be executed differently in detail. A very important aspect in this context is working time: the definition of the weekly working time makes the difference between part-time and full-time position, specifies the payment rates for the holidays and may establish special regulations, for example in student contracts. There are numerous statutory provisions that must be taken into account in the mutual contractual relationship for both sides, the employee and the employer: these include for example, BGB, NachwG, GewO, TzBfG, ArbZG, BUrlG, EntgFG, ArbSchG, JArbSchG and MuSchG, and DSGVO. A legal orientation, that would be considered meaningful in an employment contract, is also provided in guidance published by the BAG and BSG (Federal Labour and Social Court). After all, no legal regulation replaces the personal relationship between employer and employee. The employment contract should be a hedge protection for all parties of a contract, avoid insecurity or uncertainty for the employment relationship and minimize the "conflict potential" from the very start whenever possible.