Monthly Archive: January 2016

“Late marriage” clause in pension schemes is an age discrimination

A “late marriage” clause that requires for payment of the survivor’s pension that the employee, entitled to pension benefits, was getting married before reaching the age of 60 is invalid according sec. 7 para. 2 of the General Equal Treatment Act (AGG). This was decided by the Federal Labour Court (Bundesarbeitsgericht, BAG) on 4 August …

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Al Capone freaked out – and suddenly carnival had become a serious matter…

Carnival is about to take place in two weeks. Therefore, a recent decision of the Higher Labour Court Düsseldorf (Landesarbeitsgericht, LAG) of 22 December 2015 (docket number 13 Sa 957/15) might be of interest in respect of the numerous upcoming corporate Carnival events. In the case at hand the parties argued about the validity of …

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Showering in the workplace is a private matter: the employer only has to pay for changing time

Which activities are treated as working time and must be paid by the employer? The Higher Labour Court Düsseldorf (Landesarbeitsgericht/LAG) was called  to decide whether the owner of a car workshop owes his employees remuneration for changing clothes (five minutes before and after shift) and washing time (ten minutes after shift) (settlement dated 3 August …

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Termination without notice due to a nap during a night shift

The Higher Labour Court Rheinland-Pfalz (Landesarbeitsgericht, LAG) ruled on 16 April 2015 (docket number 5 Sa 637/14) that an employer can terminate an employee’s employment without notice because of a nap taken during a shift. The employee worked for 16 years as a night guard in a retirement home.  Two night guards were employed by …

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Good news for company lawyers

On 1 January 2016, the law on reforming the rights of company lawyers (Syndikusrechtsanwälte) came into force. The reform will enable company lawyers to remain in the lawyer’s occupational pension insurance (Versorgungswerk), ie entitle them to be exempted from the statutory pension scheme. By this law, the legislator has corrected the decision of the Federal …

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Financial compensation entitlement for post-contractual non-compete based on standard saving clause

In German law, a post-contractual non-competition agreement with an employee is only effective if it provides the employee with appropriate financial compensation. The financial compensation must amount to at least 50% of the previous income. If no such compensation is provided, the post-contractual non-competition clause is, by force of law, invalid.   Nevertheless, the Hamm …

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The exclusion of late married spouses from the provision for dependents is discrimination on the grounds of age

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 4 August 2015 (docket number 3 AZR 137/13) that an exclusion from the provision for dependents can be a discrimination on the ground of age, if there are further unjustified conditions. In the present case a widow claimed against the former employer of her deceased husband to …

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