Monthly Archive: January 2015

No obligation to offer employment abroad in case of dismissal

The employer’s obligation to offer an alternative job to an employee to avoid termination of the employment relationship does not include any obligation to offer a transfer to a foreign branch or overseas operations of the company.  The defendant runs a textile company in Germany. It also runs a permanent production facility in Czech Republic. …

Continue reading »

Say cheese at the car wash – taking photos of ill employees

Taking pictures in public of an employee who is supposedly sick violates the employee’s general right of personality (Allgemeines Persönlichkeitsrecht, APR). However this violation can be justified by the employer’s interests. In the case at hand (docket number: 10 SaGa 3/13), the plaintiff was absent on sick leave when his immediate supervisor coincidentally ran into …

Continue reading »

No double pay

When changing jobs and employers within the same calendar year, an employee is not entitled to double the number of paid days of vacation, as recently confirmed and specified by a judgment of the Federal Labour Court (Bundesarbeitsgericht, BAG) dated December 16, 2014 (docket number 9 AZR 295/13). With regard to sec. 6 para. 1 …

Continue reading »

The perils of works agreements: Employment contract with the company despite licensed supplier in the case of fake framework service contracts

When companies lease out workers on the basis of work or service contracts (Werk- oder Dienstverträge), they often also hold a license to supply agency workers in terms of sec. 1 I 1 of the German Act on Regulating Commercial Agency Work (Arbeitnehmerüberlassungsgesetz, AÜG) in order to avoid the establishment of an employment relationship between …

Continue reading »