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Dr. Astrid Schnabel LL.M.

Author's details

Name: Dr. Astrid Schnabel LL.M.
Date registered: April 17, 2014

Latest posts

  1. Information right of the works council independent of employee consent — December 5, 2017
  2. Inadmissible evidence through installation of a keylogger — August 8, 2017
  3. Industrial action may take place in an employer’s parking lot — April 26, 2017
  4. Works council’s request to dismiss an employee qualifies as an urgent operational reason for dismissal — April 6, 2017
  5. Attendance premiums may set off minimum wage entitlement — December 27, 2016

Author's posts listings

Information right of the works council independent of employee consent

According to a recent judgment by the Higher Regional Labour Court in Munich (docket number 11 TaBV 36/17) of 27 September 2017, the works council is entitled to receive information regarding the existence of pregnant employees in the operation. In the case at hand, the employer had provided employees with a right to “opt out” …

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Inadmissible evidence through installation of a keylogger

Using a software keylogger may not always be much help in supporting a termination for cause, as a recent case before the Federal Labour Court shows (judgment dated 27 July 2017, docket number 2 AZR 681/16). The employee had worked for the employer since 2011. When opening up its network, the company informed employees that …

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Industrial action may take place in an employer’s parking lot

In a judgment dated 30 March 2017, the Higher Regional Labour Court Berlin-Brandenburg held that a trade union may take industrial action on an employer’s premises (docket number: 24 Sa 979/16). In this case, the trade union Ver.di had planned to picket in the company parking lot of a large online retailer. Its goal was …

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Works council’s request to dismiss an employee qualifies as an urgent operational reason for dismissal

Under German law, the works council can request that an employer dismisses or reassigns an employee if the employee has violated the law or has grossly violated principles set forth in sec. 75 of the Works Constitution Act, such as by showing racist or xenophobic behavior in the workplace. If the employer does not comply …

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Attendance premiums may set off minimum wage entitlement

Attendance premiums paid in addition to the hourly wage may be used to satisfy an employee’s minimum wage entitlement (judgment by the Higher Regional Labour Court Mecklenburg-Vorpommern dated 22 November 2016, docket number: 5 Sa 298/15). In the case at hand, the employee was entitled to a remuneration based on an hourly wage as well …

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No ice behind the steering wheel

The German Federal Labour Court (Bundesarbeitsgericht, BAG; docket no. 6 AZR 471/15) recently had to review a decision made by the Nuremberg Higher Labour Court (Landesarbeitsgericht, LAG; docket no. 7 Sa 124/15) that considered a first-time DUI violation not sufficient for an immediate termination of a truck driver’s employment contract. The Federal Labour Court considered …

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Failure of a public employer to invite a severely disabled individual to a job interview does not always indicate an unlawful discrimination

Sec. 82 sentence 2 of Volume IX of the German Social Code (SGB IX) states that if a severely disabled person has applied for a job with a public employer or they have been suggested by the Federal Labour Office (Bundesagentur für Arbeit), they must be invited to an interview. Failure to invite a severely …

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Strikes Against Industrial Peace Provisions Unlawful, Says Federal Court

As airport and airline strikes have become an almost annual event, in a landmark decision the Federal Labour Court (Bundesarbeitsgericht, BAG) has ruled on the obligation to pay damages in the event of an unlawful strike (judgment dated 26 July 2016, docket number 1 AZR 160/14).. The relevant strike occurred in 2012 when the Air …

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No accident insurance cover between home office and kitchen

The Federal Social Court (Bundessozialgericht) decided on 5 July 2016 (Az.: B 2 U 2/15 R) that an accident on the way from the home office to the kitchen in an employee’s apartment to have a glass of water does not qualify as a workplace accident and is thus not covered by the statutory accident …

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Revisions to the Maternity Protection Act

Recently, the German Federal Cabinet approved a draft law which will amend the Maternity Protection Act (Mutterschutzgesetz). According to the coalition’s plans, the reform will come into force on 1 January 2017. The key changes are: Increase of the period of protection (during which women cannot work) after the birth of a child with disabilities …

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