Monthly Archive: September 2014

Waited long enough?

Times during which a temporary worker was incorporated into the operation of the leasing company may, in case thereafter a contract between himself and the leasing company is concluded, not be considered as waiting time to trigger the applicability of the German Dismissal Protection Act (Kündigungsschutzgesetz, KSchG). This was decided by the  Federal Labour Court …

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Temporary workers stay temporary workers

 The German Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on June 3, 2014 (docket number 9 AZR 111/13) that the coalition government’s plan to adjust the German Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, AÜG) does not authorise the courts to deviate from current statutory law. The court rather confirmed its recent jurisdiction according to which a permanent leasing …

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Insulting a superior may not always justify an extraordinary dismissal

In a judgment dated July 24, 2014, the Higher Regional Court Rheinland-Pfalz (Landesarbeitsgericht, LAG; docket number: 5 Sa 55/14) held the dismissal of an employee who insulted his boss behind his back invalid. The employee, who was born in 1962, had worked for the defendant first as a temporary member of staff between 2010 and …

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Notice Periods May Be Tied to Years of Service

In a judgment dated September 18, 2014, the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that seniority-related notice periods are not discriminatory on grounds of age (docket number: 6 AZR 636/13). This judgment settles a long-term bone of contention with regard to the impact of equal treatment law on dismissal protection provisions. Sec. 622 of the …

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Don’t worry about the correct defendant

Even if employees file their dismissal protection claim against the evidently wrong defendant, the claim may nevertheless have to be treated as validly filed against the actual employer according to a judgment of the Federal Labour Court (Bundesarbeitsgericht, BAG) dated February 20, 2014 (docket number: 2 AZR 248/13).   The Federal Labour Court decided that …

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Several business transfers – can employees get back to a former employer by ways of objection?

 When there is a transfer of business (Betriebsübergang), the employment relationships of the affected employees transfer by law from the previous employer to the purchaser. The employees can object to the transfer of their employment relationships either vis-a-vis the previous employer or the new business owner during a one month period upon receiving sufficient information …

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Mass dismissal with continued employment

Terminations with changes to terms of employment (Änderungskündigungen) are redundancies in terms of sec. 17 of the German Dismissal Protection Act (Kündigungsschutzgesetz, KSchG) and may require the prior notification of the Employment Agency (Bundesagentur für Arbeit) according to a judgment of the Federal Labour Court (Bundesarbeitsgericht, BAG) dated February 20, 2014 (docket number: 2 AZR …

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Tricks in time recording do not save a lot of time!

Manipulation of time recording may justify dismissal without notice according to a judgment of the Higher Labour Court of Hessen (Landesarbeitsgericht, LAG).  Following judgments of the Federal Labour Court (Bundesarbeitsgericht, BAG), manipulation of time recording by employees is a serious breach of contract which can justify a dismissal without notice even where the employee in …

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