Monthly Archive: April 2016

The works council has no right to a separate internet or telephone connection

The parties – a company and its five-member works council – were is dispute about a separate telephone and internet connection for the works council, alternatively about unlimited internet access. On 20 April 2016 (docket number: 7 ABR 50/14) the Federal Labour Court (BAG) decided that the employer is not obliged to provide an internet …

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A company’s early retirement scheme does not constitute discrimination under the Equal Treatment Act

The Federal Labour Court (BAG) ruled in March (docket no.: 8 AZR 677/14) that a company’s early retirement pension scheme does not violate the German Equal Treatment Act if the employee is free in his decision to accept the offer. In this case the employer offered within early retirement scheme which provided that the employee …

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Repayment of costs of continuing training

The Higher Labour Court (Landesarbeitsgericht, LAG) Rheinland-Pfalz decided on 3 March 2015 (docket no. 8 Sa 561/14) that a repayment clause for costs of continuing training in an employment contract is void if it only provides for an annual reduction of the repayment obligation. In this case,  the employee was obliged to participate in a …

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Damages for harassment at the workplace

Unfair treatment at the workplace only qualifies as harassment if it based on continuing hostile and discriminatory behavior that follows a purpose not protected by the legal system and infringes on an individual’s personality or similar rights (judgment by the Higher Labour Court (Landesarbeitsgericht, LAG) Rheinland-Pfalz, 30 November 2015, docket no. 3 Sa 371/15). In …

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Employer does not need allow strike action on her own premises

On the 7 April the Labour Court (ArbG) Berlin (docket no.: 41 Ca 15029/15) prohibited the trade union ver.di from undertaking strike action on the employer’s premises.   In the relevant case ver.di planned to undertake strike action on the employer’s carpark arguing that in view of the circumstances at the relevant work site as well …

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Mass redundancies: Second dismissal requires second notification of the Federal Labour Office

On 20 January 2016 the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that a notification of the Federal Labour Office (Bundesagentur für Arbeit) in case of a mass dismissal only applies to the concrete dismissals included in the notification. Further and later dismissals require additional notification. It also clarified the process stipulated by the law in …

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Update on Reform Regarding German Labour Leasing Laws

After the original legislative proposal made in November 2015 regarding reforms to the Labour Leasing Laws (please also see our Employment Blog contribution dated 10 December 2015) met massive resistance not only within the government but also by employers’ associations and German scholars and jurisprudence, the German Labour Ministry has now presented an amended legislative …

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The requirement of very good English and German language proficiency for employment in an international company is self-justifying and does not constitute discrimination

The Regional Labour Court (Landesarbeitsgericht, LAG) of Baden-Württemberg decided on 15 January 2016 (docket no. 19 Sa 27/15) that the requirement of very good English and German language proficiency for employment in a company operating internationally is self-justifying and does not constitute discrimination. The description of the company’s team as being “young and highly motivated” …

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No flexibility on limitation periods

On 16 March 2016, the Federal Labour Court (Bundesarbeitsgericht) ruled that a claim has to be delivered to the defendant in order to comply with a limitation period which requires the written assertion of a claim within a certain deadline. The mere receipt of a statement of claim by the court is insufficient even if …

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Rejection of a written notice due to lack of simultaneous submission of power of attorney

On 24 September 2015, the Federal Labour Court (Bundesarbeitsgericht) decided that a written notice may not be rejected by an employee where a power of attorney is not submitted simultaneously, if such a power of attorney had already been submitted for an earlier notice. However, this only applies if the earlier power of attorney also authorizes …

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