Monthly Archive: August 2015

Hard touch down for aviation companies’ damage claims

On 25. August 2015 the Federal Labor Court (Bundesarbeitsgericht) ruled that a supporting strike by a third party occupational group which is not part of the labor dispute but is represented by the union involved will not entitle the affected third party companies to damages (ref. no. 1 AZR 754/13). In several parallel cases which …

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Trucks drivers passing through Germany may be subject to statutory minimum wage

The Federal Constitutional Court (Bundesverfassungsgericht) decided on 25 June 2015 (docket number: 1 BvR 555/15) that it is not competent to rule on the applicability of the Minimum Wage Act to transnational carriers. Companies are required to bring this issue before the relevant local courts first before the Constitutional Court may rule on the applicability. …

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Petty theft from work fridge no grounds for dismissal without notice

The Labor Court Hamburg (Arbeitsgericht Hamburg, ArbG) ruled on 1 July 2015 (docket number: 27 Ca 87/15) that while petty theft can generally justify a dismissal for cause,  it may be disproportionate after considering all relevant circumstances.   In this case, the employee, working as a nurse in the emergency department at a hospital, took …

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Second chance by termination

The Higher Labor Court Baden-Württemberg (Landesarbeitsgericht Baden-Württemberg) ruled on 6 May 2015 (ref. no. 4 Sa 94/14) that a termination in the probationary period according to the German Employment Dismissal Act, which extends the applicable notice period, cannot be considered an unlawful circumvention of dismissal protection, where the intention is to give the employee another …

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Documentation obligations for minimum wage employers reduced

With effect from 1 August 2015 the Regulation on Minimum Wage Documentation (Mindestlohndokumentationspflichtenverordnung) was amended by the Federal Ministry for Labor and Social Affairs. Since the Minimum Wage Act (Mindestlohngesetz) came into effect on 1 January 2015 a documentation requirement was imposed on employers which employ low-paid employees (earning a maximum monthly salary of EUR …

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Only once is once too often

The Higher Labor Court Hesse (Landesarbeitsgericht Hessen) ruled on 23 March 2015 (ref. no. 16 Sa 646/14) that handing the employer an intentionally manipulated sick note can justify an extraordinary dismissal even if the employment relationship lasts for more than 23 years without significant misconduct. In this case the employee, a mother of 2 children …

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Every worker counts

The European Court of Justice (“ECJ”) ruled on 9 July 2015 that both (i) members of the board of directors of a capital company, who perform their duties under the direction and subject to the supervision of another body of that company, who receive remuneration in return for the performance of their duties and do …

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Discriminatory dismissals invalid even in small operations

Following a recent judgment by the Federal Labour Court (Bundesarbeitsgericht, BAG), discriminatory dismissals will also be invalid in small operations in which the strict rules protecting employees against dismissals do not apply (judgment dated 23 July 2015, docket number 6 AZR 457/14). In the case at hand, the plaintiff, an employee, worked in a doctor’s …

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This ship has sailed, or: Dismissal of a pirate

Making illegal copies of CDs and DVDs at work using equipment provided by the employer can be grounds for dismissal for cause with immediate effect (judgment by the Federal Labour Court – Bundesarbeitsgericht, BAG; dated 16 July 2015, docket number 2 AZR 85/15). The employee had been working for the Land Saxony-Anhalt and was in …

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