The German example of combating undeclared work through a better legislative definition of dependent work
Abstract
The aim of this paper is to analyse the new legislative regulation of dependent work in the German Civil Code in terms of the quality of the legislative regulation, the related existing regulations and the contribution to German application practice. After the analysis, it can be summarised that the effective wording of § 611a BGB has provoked a rather negative assessment in doctrine and has not brought anything new to practice.
If the legislator had hoped that the new legislation would make the fight against illegal work more effective, this objective has not been achieved by the new legislation. Nevertheless, the German approach to illegal work should be highlighted, which is undoubtedly worth considering, as its simplistic, template-like solution is indeed effective in practice.