Monthly Archive: November 2016

Saturday-Sunday-LLC

The Higher Labour Court of Hamm (Landesarbeitsgericht Hamm, docket number 13 TaBVGa 8/16) decided on 24 October 2016 that the works council cannot prevent the employer from flying in weekend shifts from its Portuguese operation without the approval of the works council. In this case – currently only available as a press release – the …

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Unemployment benefits despite existing employment relationship

Even without being formally unemployed, an employee might be entitled to unemployment benefits (Arbeitslosengeld I) in the event of factual unemployment, the Social Court Dortmund (Sozialgericht, SG) decided in a recent ruling on 10 October 2016 (docket number: S 31 AL 84/16). The plaintiff, a judicial clerk who was employed at a local court (Amtsgericht, …

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No right of the works council to remove a managing director

The works council has no right to have the company´s managing director removed, the Higher Labour Court Hamm (Landesarbeitsgericht Hamm, docket number 7 TaBV 11/16) ruled on 2 August 2016.   The works council had claimed to remove the managing director of the employer pursuant to sec. 104 of the Works Constitution Act (Betriebsverfassungsgesetz, BetrVG). …

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Extension of fixed-term employment contracts

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 26 October 2016 (docket number: 7 AZR 140/15) that a collective bargaining agreement (Tarifvertrag) which allows the extension of fixed-term employment without cause (sachgrundlose Befristung) for a maximum period of five years is effective.   In this case the plaintiff was employed by the defendant, a company …

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Sick is sick

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 2 November 2016 (docket number: 10 AZR 596/15) that an employee who is incapable of work for health reasons does not need to come into the office for a personnel meeting requested by the employer. In this case the employer called the sick employee into the office twice …

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