Monthly Archive: December 2013

Termination of employment of HIV-infected employee may trigger anti-discrimination legislation

The German Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on December 19, 2013 (docket number – 6 AZR 190/12) that terminating the employment relationship of an employee because of his HIV-infection may trigger German anti-discrimination laws and, therefore, be invalid. In addition to being reinstated (which would be the remedy for an invalid termination) the employee …

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Details of how Mrs Merkel’s new administration wants to be “Shaping Germany’s Future”

Almost three months after the general election, the biggest political parties CDU/CSU and SPD have agreed to form a joint administration under the lead of Chancellor Angela Merkel.  In a 185-page coalition agreement named “Shaping Germany`s Future”  the parties have specified their plans and contemplated actions in respect of the forthcoming legislative period. In this post …

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Can I carry over my vacation beyond 31 December 2013?

With the end of 2013 rapidly approaching, many employees will ask: “Can I carry over my vacation beyond 31 December 2013?” Under German employment law, the vacation year is, in principle, the calendar year. Thus, regularly, vacation forfeits at the end of the year. However, if holiday cannot be taken in the calendar year due …

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Temporary workers – The German Federal Labour Court clears a “temporary” problem

According to the German Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, AÜG) temporary employment agencies need to hold a license in order to lease out employees. If the temporary employment agency does not hold a license and temporary workers are supplied nonetheless, an employment relationship is deemed to have been established between the agency worker and the company leasing this worker. …

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Being pulled over a barrel for a little donkey / Rescission of an employment contract due to fraudulent misrepresentation

Under what circumstances are employers allowed to rescind an employment contract on the grounds of fraudulent misrepresentation? The Higher Labour Court (Landesarbeitsgericht, LAG) Schleswig-Holstein answered that question on November 19, 2013 (docket number 1 Sa 50/13). A married-couple that had made a fortune in the lottery several years ago had started to market children’s books …

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Making a fortune while sleeping

A bank-employee was fired after accidentally transferring the tremendous sum of € 222,222,222.22 instead of € 64.20, as had been requested by the client. The employee`s task was to check and approve transfer orders entered into the system by colleagues. Even though the mistake was obvious and had happened when a colleague fell asleep for a moment …

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Termination of the employment of HIV-infected employee violates human rights

The European Court of Human Rights (ECHR) decided on October 3, 2013 that a termination of  an employment relationship with an employee because of his HIV-infection constitutes a violation of human rights (docket number: 552/10). The plaintiff was working at a jewelry manufacturer in Greece. His co-workers requested his dismissal as they were afraid to …

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