Monthly Archive: November 2015

Discriminatory severance payments

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 17 November 2015 (docket number: 1 AZR 938/13) that regulations in social plans may be invalid if they provide for a (adverse) lump sum calculation of the severance payment only for severely disabled employees, whilst severance payments for other employees are calculated on an individual basis (and are …

Continue reading »

Illusions don’t trigger the start of objection periods

The Higher Labour Court Düsseldorf (Landesarbeitsgericht, LAG) ruled on 14 October 2015 (docket number: 1 Sa 733/15) that a notification on a transfer of business (Betriebsübergang) is deficient and therefore does not trigger the objection period when it gives the impression of a long-term employment opportunity with the purchaser, if in fact this option is …

Continue reading »

You can take your tie off…

The Higher Labor Court Baden-Württemberg (Landesarbeitsgericht, LAG) ruled on 21 October 2015 (docket number: 4 TaBV 2/15) that the local works council may be the competent employee’s representative body to negotiate with when it comes to whether employees can request a temperature-dependent dress code, even if the dress code itself has been agreed on in …

Continue reading »