Entgeltregelungen und Wirtschaftsrisiko

In an economy with a dynamic and volatile environment, employers are more than ever compelled to make the labor cost factor as flexible as possible. What could be more logical than to directly relate employee compensation to economic risk? The author explores the question of whether and to what extent the distribution of labor law risks through compensation regulations is subject to the discretion of the contracting parties. Considering the various options for compensation regulations, the focus is on issues of control for immorality on one hand and general terms and conditions control on the other. Based on the findings, the author ultimately offers two examples of legal formulations for labor law compensation regulations.