The labourer shall not deliver a " substitute " for himself, his death terminates the employer-employee relationship.

With the normal employer-employee relationship the employer can not tranfer his right right on service to thirds. In the work contract however something else can be agreed upon. That is the case e.g. with time work enterprises. Whether the employee hiring contract between such an enterprise and third is admissible, depends on the employee hiring law (AÜG).

The death employers does not terminate the employer-employee relationship, if nothing different is agreed upon or the characteristic of the employer-employee relationship results in something else (" Leibdiener"). The same applies with other forms of the total right follow-up, especially the company is sold or integrated (§61a BGB)

The right upon occupation on occupation remains after a notice, even at flow of the term of notice, if there is case at court about the legal standard of the notice. This depends on whether the notice is presumably justified or unfounded. The so called "Beschäftigungsklage" (occupation complaint) is even possible in the way of the provisional order.

The type of the work depends on the job description in the work contract, if necessary also definitions in collective agreements have to be respected.

! If declarations or agreements are missing, it depends on whether the employee in its position must perform the respective work after the usage !