With the erosion of the standard employment relationship in work and economic life, a multitude of new forms of employment, such as third-party employment relationships, has emerged. The Works Constitution Act (BetrVG) stands in relatively static contrast to these newer developments with its definition of personal scope, raising the question of whether the new forms of employment are still covered by the BetrVG. Where this is denied, the equality clause of the Basic Law can provide insight into whether this situation should be accepted or if it necessitates a corrective mandate for the legislator. The author of this study addresses this question. The substantive openness of the equality clause and the resulting danger of violating the principle of separation of powers necessitate an in-depth examination of the criteria for assessment at the outset.