Monthly Archive: October 2014

Ins and Outs re Notice Periods and Fixed-Term Contracts

Fixed-Term Contracts under German Law In Thursday’s blog, we talked about notice periods under German law. Today’s contribution will focus on fixed-term employment contracts. Can a fixed-term contract be concluded orally? No, the specific duration of the employment contract needs to be put in writing, with employer and employee signing. Oral agreements will lead to …

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Ins and Outs re. Notice Periods and Fixed-Term Employment

Employment relationships may end for various reasons. Two of the most common reasons are termination by either party or the end of a fixed-term contract. An employment contract may be terminated by either the employer or the employee by observing the applicable notice period. Employment contracts may also be concluded for a fixed-term. If the …

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No gag after termination

According to a recent decision of the Labour Court Berlin (Arbeitsgericht – docket number: 31 Ga 11742/14) employers cannot gag an employee after termination. The employer – a private ambulance service provider – tried to silence one of its emergency medical technicians after his summary termination for whistleblowing. The Labour Court ruled that the termination …

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Extension of employment contracts after the statutory pension age

Effective 1 July 2014 a new law (sec. 41 sentence 3 of Book 6 of the German Social Code, SGB VI) allows for fixed-term extensions of employment contracts after the employee has reached the statutory pension age. The new provision is part of a series of statutory changes regarding retirement and pensions. If an employment …

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Man without Hat

According to the Federal Labour Court (Bundesarbeitsgericht – docket number: 1 AZR 1083/12) a male pilot is not obliged to wear a cockpit hat in the public area of the airport during his flight mission as female colleagues do not have the same obligation. The male plaintiff is employed as a pilot by the defendant. …

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Head scarfs at work?

Once again the federal labour court (Bundesarbeitsgericht, BAG) had to decide whether an employer may ban female employees from wearing head scarfs during working hours. The plaintiff, a woman of Islamic faith, had been employed by the defendant, a Protestant hospital, since 1996. She was a nurse. The employment contract referred to the working conditions …

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Comments on applicant CVs might cost you

In a recent case (docket number: 8 AZR 753-13) the federal labour court (Bundesarbeitsgericht, BAG) once again had to decide on a discrimination case concerning the employment application process. The fully-qualified plaintiff applied for a job as a full-time accountant with the defendant. In her CV she declared her civil status to be “married, one …

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