Monthly Archive: June 2015

Remuneration for unpaid trainees

Often, professional education requires training on the job, whether only for a couple of weeks or even for a couple of months. This is often welcomed by the companies as the trainees are already well qualified and tend to accept the responsibilities of employees after a short orientation, but receive little to no remuneration. Companies …

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Restrictions on curtailing vacation for parental leave periods

The Federal Labor Court (Bundesarbeitsgericht) ruled on 19 May 2015 (docket number: 9 AZR 725/13) that an employer is not allowed to curtail the employees vacation entitlement due to parental leave once the employment relationship has ended. In general, the employer is allowed to curtail the employee’s vacation entitlement for the calendar year by one …

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Performance Bonus may be included in the minimum wage

The Labor Court Düsseldorf (Arbeitsgericht Düsseldorf) decided by judgment of 20 April 2015 (docket no.: 5 Ca 1675/15) that a performance bonus awarded by the employer may be credited to the legal minimum wage. Employers will welcome the decision of the Labor Court Düsseldorf. The decision indicates that not only components of the salary which …

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The deployment of public officials during the Verdi strike

The Labor Court Bonn (Arbeitsgericht Bonn) decided on 26 May 26 2015 (docket no.: 3 Ga 18/15) that Deutsche Post AG may deploy public officials to replace the striking employees during the current strike for higher wages and shorter working hours . In the current strike, Verdi pursues a reduction of the regular working hours …

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Social selection and age: when can dismissals be challenged?

In large-scale redundancy exercises for operational reasons the employer may carry out the social selection required by law (sect. 1 para. 3 of the Protection against Dismissal Act – Kündigungsschutzgesetz, KSchG) in such a way that the social selection will be conducted within specific previously identified age groups. In this way, not all employees of …

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A sit-in in a superior’s office to enforce a wage increase may be grounds for termination

A recent judgment by the Higher Regional Labour Court Schleswig-Holstein (Landesarbeitsgericht Schleswig-Holstein, LAG), upheld the dismissal of an employee who blocked her superior’s office in order to obtain a non-tariff salary increase (judgment dated 06 May 2015, 3 Sa 354/14). The employee, who had been employed by the company for more than twenty years and …

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Corporate Email Correspondence As Admissible Evidence?

The legal boundaries regarding the screening of an employee’s corporate email account and questions concerning the admissibility of those emails as evidence in court (eg in a wrongful dismissal lawsuit) have not been finally resolved. No express evidence exclusion rule is laid down by law, either in the Civil Code or in the Labour Court …

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For the Children and the Constitution

In principle, an employment relationship can only be terminated by observing the applicable notice period. However, in rare circumstances, either party to the employment contract is entitled to terminate the employment relationship for good cause with immediate effect (summary dismissal). Recently, the labour court of Mannheim (7 Ca 254/14) ruled that a right-wing extremist worldview …

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