Monthly Archive: June 2016

German Federal Minimum Wage to Increase by 4% in 2017

German Employees subject to the federal minimum wage are going to notice a significant increase in their hourly wages. The hourly minimum wage will rise from the current level of EUR 8.50 to EUR 8.84 as of 1 January 2017. This increase is equivalent to a 4% wage increase. The decision to raise the hourly …

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Social Media in the employment context and the new EU General Data Protection Regulation (GDPR)

Sharing personal and work-related information on social media sites has become a prevalent practice for many employees nowadays. Likewise, social media is also used by employers as a platform to connect with the public (e.g. for employer branding and in recruitment) and to communicate within the workforce. However, both sides should be aware that the …

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Multiple fixed-term employment contracts of university scientists and the academic precariat

Multiple fixed-term employment contracts of university scientists may be lawful, as recently confirmed and specified by the German Federal Labour Court (Bundesarbeitsgericht, BAG) in its decision of 8 June 2016 (docket number 7 AZR 259/14). The Court did not find an abuse of legal right. The practice of multiple or repeat fixed-term employment (Kettenbefristung) may …

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Direct discrimination on grounds of transsexualism shall constitute discrimination within the meaning of section 1 of the General Equal Treatment Act (Allgemeiner Gleichbehandlungsgrundsatz – AGG)

Transsexuality as such does not belong to the characteristics which are listed in the General Equal Treatment Act (AGG), to which the prohibition on discrimination applies. However, the Federal Labour Court (Bundesarbeitsgericht) decided on 17 December 2015 (docket number: 8 AZR 421/14) that transsexuality can fall within the scope of the listed characteristic of “gender” …

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Refusal of a staff appraisal can justify notice of ordinary termination

An employment agreement may be terminated for cause if an employee who has been appropriately cautioned refuses an official conversation with his/her superior because the employee is only willing to have such conversations in the presence of a works council member (case-by-case decision, 18 Sa 1140/15, State Labor Court Hamm – Landesarbeitsgericht Hamm). The plaintiff …

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