Monthly Archive: November 2013

More money and less working time in Germany

On November 27, 2013 the Christian Democratic Union party (CDU), their allied Christian Social Union party (CSU) and the Social Democratic Party (SPD) have signed a coalition agreement. The SPD members still have to approve the coalition agreement. Key points of the agreement regarding employment aspects include: A nationwide hourly minimum wage of € 8.50 (£ 7.11; US$ …

Continue reading »

Sick pay for an employee who beats himself up?

Under German law during a leave of absence an employee is entitled to continued remuneration if the leave of absence is triggered by an incapacitation due to illness for which he is not at fault. However, what is meant by “without someone’s own fault“? The Higher Labour Court (Landesarbeitsgericht, LAG) Hessen made their statements quite clear in a …

Continue reading »

iPad mini for everyone?

The employer of about 100 employees gave every one of the 75 employees who attended the Christmas party an iPad mini worth € 300.00 as a gift. One employee, who was unable to attend because he was sick and therefore had not received the gift, sued the employer for an iPad mini. The Labour Court (Arbeitsgericht, …

Continue reading »

Christmas (bonus) is for everyone

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on November 13, 2013 (docket number – 10 AZR 848/12) that employers cannot validly exclude grants of special payments such as Christmas bonuses in their regulations with respect to employees whose employment ended during the calendar year, if such bonus shall not only reward company loyalty but also …

Continue reading »

Women in Power?

The parties planning to form the new administration have agreed in ongoing coalition negotiations that starting in 2016, at least 30% of the board members of all publicly-traded companies must be female. Furthermore, large companies must introduce their agendas to raise the percentage of women on the executive board and highest level of management by …

Continue reading »

Dismissal for living in accordance with one’s religious belief?

According to Muslim faith, Muslims shall – regardless of their place of residence – participate in a pilgrimage to Mekka at least once in their lifetime. In line with this, a German employee of Muslim faith wanted to participate in a pilgrimage to Mekka and therefore requested (paid) leave of absence for five weeks. However, the …

Continue reading »

No call for strike from a company e-mail account

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on October 15, 2013 (docket number – 1 ABR 31/12) that employees are not allowed to call for strike via their company e-mail accounts, if the private use of their company e-mail accounts was not allowed. This is good news for German employers who have been burdened with …

Continue reading »

Modern slavery

The Labour Court (Arbeitsgericht, ArbG) Eberswalde (September 9, 2013 – 2 Ca 428/13) ruled that wages between € 1.59 and € 3.46 per hour for delivering pizzas qualify as wage dumping. The average wage for employees in the pizza delivery market in that specific region of former East Germany was at € 6.78 per hour. The employer argued that …

Continue reading »