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Eva Einfeldt

Author's details

Name: Eva Einfeldt
Date registered: August 1, 2014

Latest posts

  1. Headscarfs in Nurseries — February 10, 2017
  2. Burden of proof in cases of dismissal for gross misconduct — October 7, 2015
  3. Remuneration for unpaid trainees — June 18, 2015
  4. Head scarfs at work? — October 8, 2014

Author's posts listings

Headscarfs in Nurseries

The German Federal Constitutional Court (Bundesverfassungsgericht) ruled on 18 October 2016 that a general prohibition on wearing a headscarf which applied to a teacher in a local nursery violates the constitutional right of freedom of belief (docket number: 1 BvR 354/11).   The appellant wore a headscarf as a symbol of her Muslim belief during …

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Burden of proof in cases of dismissal for gross misconduct

In a case regarding any kind of dismissal for misconduct, the employer has to prove the absence of facts which would have justified or excused the employee’s behaviour. This was ruled on 27 January 2015 by the State Labour Court Mecklenburg-Vorpommern (Landesarbeitsgericht Mecklenburg-Vorpommern; docket number: 2 Sa 170/14).   The plaintiff had been dismissed for …

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Remuneration for unpaid trainees

Often, professional education requires training on the job, whether only for a couple of weeks or even for a couple of months. This is often welcomed by the companies as the trainees are already well qualified and tend to accept the responsibilities of employees after a short orientation, but receive little to no remuneration. Companies …

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Head scarfs at work?

Once again the federal labour court (Bundesarbeitsgericht, BAG) had to decide whether an employer may ban female employees from wearing head scarfs during working hours. The plaintiff, a woman of Islamic faith, had been employed by the defendant, a Protestant hospital, since 1996. She was a nurse. The employment contract referred to the working conditions …

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