Monthly Archive: February 2015

Use of a promotional film after the end of an employment

Can an employer publish a promotional film after an employee, who appears in the film, is no longer employed by the company? The Federal Labour Court (Bundesarbeitsgericht, BAG) decided upon this matter on February 19, 2015 (docket number: 8 AZR 1011/13). The defendant had commissioned the production of a promotional film about its company in …

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Employers must watch out when watching employees

The Federal Labour Court (Bundesarbeitsgericht) ruled on February 19, 2015 (docket number: 8 AZR 1007/13) that the covert observation of an employee by a private investigator is illegal in circumstances where the employer has no legitimate reasons for carrying out such an observation. In the case under consideration, the employee was unable to work for …

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No reduction of holiday entitlement when switching from full to part-time

The Federal Labour Court (Bundesarbeitsgericht, BAG) has strengthened the holiday entitlement of part-time workers in a judgment of February 10, 2015 (10 AZR 453/13). The judges decided that the proportionate reduction of vacation days when switching from a full-time job to a part-time job is unlawful.  The dispute concerned a public service employee of the …

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Vacation + vacation allowance has to be granted unconditionally

The Federal Labour Court (Bundesarbeitsgericht) ruled on February 10, 2015 (docket number: 9 AZR 455/13) that an employee’s claim for paid vacation can only be fulfilled either if the vacation allowance (Urlaubsgeld) is paid before the first vacation day or if the vacation allowance is promised unconditionally. With this judgement the Federal Labour Court changed …

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Limits to the (personal) scope of a collective promise

According to the Federal Labour Court (Bundesarbeitsgericht – docket number: 10 AZR 453/13) the employer is entitled to limit the scope of a collective obligation (Gesamtzusage) at any time, even where it already applied to the workforce, due to the conditions of its initial declaration. If the employer declares to the staff that the company …

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Family care prevents termination

The State Federal Labor Court of Thuringia decided on 2 October 2014 that an employee may claim special termination protection once he has applied to the employer to take some days off in order to take undertake nursing care of a member of his family (docket no. 6 Sa 345/13). By way of background, German …

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