Monthly Archive: June 2014

A few downloads too many

The Regional Labour Court Schleswig-Holstein (Landesarbeitsgericht, LAG) has upheld the dismissal of an employee due to private use of the internet while at work (judgment of 6 Mai 2014, docket number: 1 Sa 421/13). The employee, who had been working for the company for more than 21 years, was dismissed for cause following private usage …

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Update on women’s quota on supervisory boards

The ministries of justice and family have now submitted a draft bill regarding a gender quota on supervisory boards to the other ministries for internal consultation. The ministries assume that approximately 3,500 companies will be affected by this law. The draft provides that, starting with the elections in 2016, at least 30% of the board …

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Deadlines and their difficulties

Victims of discrimination in the field of employment and occupation are entitled to make claims for damages and compensation. Claims must be submitted in writing within two months. In the case at hand, the applicant was disabled and applied for a temporary job at a swimming pool. The employer withdrew the offer after the applicant …

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Minimum Wage Legislation Goes Forward

The time when Germany did not have a statutory minimum wage will soon be over. The German government’s initiative for a minimum wage has resulted in a 23 page legislative proposal. The bill was submitted to the Bundestag, Germany’s lower house of parliament, at the end of May and had its first reading on 5 …

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Holidays in spite of being six feet under?

The ECJ (European Court of Justice) ruled on 12 June 2014 (docket number C-118/13) that employers are liable for claims of unpaid holiday pay when a member of staff dies in service. The case, which was brought before the ECJ by a German court, concerned a widow who claimed she was owed around 140 days …

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No dogs allowed – a “ruff” decision for employees

The Regional Labour Court Düsseldorf (Landesarbeitsgericht, LAG) ruled on 23 March 2014 (docket number: 9 Sa 1207/13) that employers are generally entitled to prohibit their employees from taking their dogs to work. According to the judges the prohibition can be based on the employer’s right to give instructions (Direktionsrecht) to his employees – as that …

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Works council decisions: valid or void when the procedure is faulty?

According to the Works Constitution Act (Betriebsverfassungsgesetz, BetrVG) works council meetings are called by the chairman of the works council. The chairman must draw up the agenda und notify works council members of the meetings in good time and with information about the agenda. Based on previous decisions by the Federal Labour Court (Bundesarbeitsgericht, BAG) …

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The Ins and Outs of German Vacation Time and Vacation Pay

As we approach summer many employers start to intensify their staff’s vacation planning.  Vacation regulations in Germany are not as straightforward as many employers might think. Today’s blog therefore aims to provide a basic overview on German vacation rules for employers. How much vacation pay and time are employees entitled to? Starting off with the …

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Holidays – more expensive than you might think?

An employer must reimburse its employees for unused holiday entitlement, even if the employee in question has been absent for the entire year.   The plaintiff – a nurse – filed a lawsuit for payment in lieu of holidays at the Federal Labour Court (Bundesarbeitsgericht, BAG).  The plaintiff had been employed since 2002.   Starting January 1, …

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