Monthly Archive: October 2015

Employee data protection – an increasingly onerous task?

In Brussels, the EU Commission, the Council and the Parliament are currently negotiating the final version of the General Data Protection Regulation (GDPR) in what is known as the trilogue discussions. Whilst there are still considerable differences between the three drafts in play one thing is sure: together with the individual fines, reputational implications for …

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Holiday and Christmas Bonus – No Crediting against Minimum Wage Entitlement

On 2 October 2015 the Higher Court of Berlin-Brandenburg (Landesarbeitsgericht Berlin-Brandenburg) decided that an employer must not credit the employee´s entitlement to holiday and Christmas bonus against the obligation to meet the legal requirements of the Minimum Wage Act (docket number: 9 Sa 570/15). Since the Minimum Wage Act (Mindestlohngesetz) became effective of 1 January …

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Business secret or not?

According to Sec. 79 German Works Constitution Act (Betriebsverfassungsgesetz), the works council has a duty of confidentiality in respect of all business secrets. However, information about a staff reduction and the related balance of interests cannot per se be regarded as a business secret in the context of this statutory duty of confidentiality. This is …

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No exchange of the grounds for dismissal, if this would change the character of the dismissal

On 24 June 2015 the Higher Labour Court Düsseldorf (Landesarbeitsgericht Düsseldorf) ruled that it is not possible for an employer to exchange the grounds for dismissal within legal proceedings, if this would cause the dismissal to have an entirely new character (docket number: 7 Sa 1243/14). Unlike the situation where a previously unknown but pre-existing …

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Mass dismissal – obligation to inform the Federal Labour Office

German Federal Labour Court dated on 26 February 2015, docket number 2 AZR 955/13 According to a decision of the German Federal Labour Court (Bundesarbeitsgericht) on 26 February 2015 an employer planning a mass dismissal is obliged to inform the Federal Labour Office (Bundesagentur für Arbeit) of that measure (docket number: 2 AZR 955/13). Furthermore, according to …

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Burden of proof in cases of dismissal for gross misconduct

In a case regarding any kind of dismissal for misconduct, the employer has to prove the absence of facts which would have justified or excused the employee’s behaviour. This was ruled on 27 January 2015 by the State Labour Court Mecklenburg-Vorpommern (Landesarbeitsgericht Mecklenburg-Vorpommern; docket number: 2 Sa 170/14).   The plaintiff had been dismissed for …

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