Monthly Archive: September 2015

Think hard before making any special payments….

Employers should think hard before they pay out an annual bonus to their employees – as this may result in an actual ongoing entitlement for employees. According to a ruling of the German Federal Labour Court (Bundesarbeitsgericht, BAG), dated May 13, 2015 (docket number: 10 AZR 266/14) this generally also applies if the employer has …

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Termination instead of prize after taking part in telephone sweepstake

On 16 September 2015 the Higher Labour Court (Landesarbeitsgericht, LAG) Düsseldorf decided that dialing a fee-based hotline in order to take part in a radio-quiz whilst at work does not justify a termination for good cause with immediate effect (docket number: 12 Sa 630/15). An employee had dialed a fee-based hotline 37 times from the …

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The journey is the reward…

On 10 September 2015 (docket number: C-266/14), the European Court of Justice (CJEU) ruled that all travel time for employees with no fixed base constitutes working time within the meaning of the EU Working Time Directive 2003/88/EC. The dispute in the main proceedings concerned Tyco, which carries out a business that involves installing and maintaining …

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How serious are you with your job application?

The Federal Labour Court (Bundesarbeitsgericht) had to deal with this question in the case at hand (docket number 8 AZR 848/ 13(A)) and made a reference to the European Court of Justice (Europäischer Gerichtshof) for a preliminary ruling. The plaintiff, who had been a fully qualified lawyer since 2001 and worked in this field for …

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Pilot strike held unlawful

On 9 September 2015 the Higher Labor Court Hesse (Landesarbeitsgericht Hessen) held the current Lufthansa pilot strike unlawful and issued a preliminary injunction against the pilots union “Cockpit” (ref. no. 9 SaGa 1082/15). The current strike was number 13 in a series in the tariff (collective agreement) dispute which has already lasted for over a …

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No need for back pay – if employment was established with retroactive effect

On 19 August 2015, the Federal Labour Court (Bundesarbeitsgericht) ruled that employees are not entitled to back pay if the employment relationship was established with retroactive effect (docket number 5 AZR 975/13). The plaintiff was the defendant’s employee until 1986 when her employment contract was transferred to the newly established C-GmbH as part of a …

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Tariff jungle

If two tariff (collective) agreements on wages with different unions are applicable to one business operation, the employer must, generally, classify the employees under both tariff agreements to the applicable salary group, regardless of whether the employees have an individual entitlement under each agreement. Generally, such classification is subject to the co-determination right of the …

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