Monthly Archive: March 2016

Favouring a relative may result in termination without notice.

Where an HR manager (here the Head of HR and organization of the National Association of Statutory Health Insurance and Physicians (KBV) sets the remuneration of a close relative too high without giving prior attention to the potential conflict of interest, this may justify termination without notice even without prior written warning, the Labour Court …

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Special allowance for work during normal hours can be included in the minimum wage

On 12 January 2016, the Higher Labour Court Berlin-Brandenburg (Landesarbeitsgericht, LAG) ruled (docket number 19 Sa 1851/15) that whether or not a special allowance has to be paid in addition to the minimum wage, depends on the reason for the special allowance. If the special allowance is paid for the regular work which an employee …

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Video surveillance is permissible in a shop’s back room with social area

According to the Labour Court Oberhausen (Arbeitsgericht, ArbG), video surveillance of a storage room with an area used by the employees to spend their work breaks is permissible. The employee cannot claim compensation for breach of privacy or file for injunctive relief. In the relevant case the employer monitored the shop’s back room via video …

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No full leave entitlement where employment commences halfway through the year

If an employment relationship commences with effect from 1 July in a particular year, an employee is only entitled to pro-rated leave entitlement for this year, the Federal Labour Court (Bundesarbeitsgericht, BAG) decided on 17 November 2015 (docket no. 9 AZR 179/15). In the present case, an employee sued his former employer to claim compensation …

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No Obligation to Ensure Smoke-Free Workspace in State Casino

Workplace protection laws do not entitle an employee to claim a right to work in a smoke-free environment if smoking is allowed at that workplace and if the employer improved the smoke-related situation in recent years, the Higher Labour Court (Landesarbeitsgericht, LAG) Hessen decided on 13 March 2015 (docket no. 3 Sa 1792/12). A different …

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