Monthly Archive: May 2015

No pension payments by the employer without a statutory pension entitlement

Under a judgment by the Federal Labour Court (Bundesarbeitsgericht, BAG), an employer is not required to pay out a pension before the age when a statutory pension entitlement arises (judgment dated 13 January 2015, 3 AZR 897/12). The parties disputed whether and to what extent the defendant, the employer, had to pay the applicant, the …

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If the pension funds cannot meet employees’ pension rights – employers’ obligation to assume liability

Following a recent judgment by the Federal Labour Court (Bundesarbeitsgericht, BAG), employers may be liable for reduced pension entitlements (judgment dated 2 February 2015, docket number 3 AZR 65/14). The parties disputed whether and to what extent the defendant, an employer, was liable to the applicant, the pensioner/employee, for pension reductions made by the pension …

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Things you shouldn’t tell your boss

Pursuant to section 9 paragraph 1 sentence 1 of the Maternity Protection Act, the dismissal of a pregnant employee without consent of the competent state authority is void if the employer is aware of the pregnancy when giving notice or if he is notified of the pregnancy within two weeks after the employee receives the …

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Fake camera in the workplace – No co – determination right for works council

The works council does not have a co-determination right where the employer installs a fake security camera on the premises. This question was subject to a decision issued by the higher labour court Mecklenburg-Vorpommern dated 12 November 2014, docket number 3 TaBV 5/14. The employer, a clinic, had installed a fake camera at the back …

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Minimum wage even for non-working time – a signal from the German Federal Labour Court

The new Minimum Wage Act (Mindestlohngesetz (MiLoG)) raises a number of questions including how to deal with lost working time due to public holidays, sick leave or annual leave. Does the employer need to pay the statutory minimum wage for such non-working time? It may take a while until the Federal Labour Court clarifies these …

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Protection of confidential business secrets – Sharing sensitive company data among works councils of group companies

Passing on business secrets by employees to third parties may be a criminal offence and therefore potentially justify an immediate dismissal for cause. In a recent ruling the regional labour court (Landesarbeitsgericht, LAG) Schleswig-Holstein decided that sharing sensitive company data among works councils of group companies may not always justify a dismissal (March 4th, 2015; docket …

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I wish I had a fixed-term contract…

The conversion of an unlimited-term employment relationship to a fixed-term contract can be justified for an objective reason if it is the employee’s own wish to be employed under such a fixed-term contract according to a ruling of the Higher Regional Labour Court Baden-Wurttemberg (Landesarbeitsgericht, LAG) dated March, 4, 2015 (docket number 2 Sa 31/14). …

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Roundup on the New Minimum Wage

Since the nationwide statutory minimum wage of EUR 8.50 per working hour entered into force on January 1, 2015, court cases dealing with minimum wage issues are slowly starting to trickle in. Here we present two new decisions on this topic. The Berlin Labour Court (Arbeitsgericht Berlin, ArbG) recently held that the dismissal of employees …

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