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Dr. Isabel Schäfer

Author's details

Name: Dr. Isabel Schäfer
Date registered: April 17, 2014

Latest posts

  1. Obligation to provide the works council with salary data does not allow for anonymized lists — December 12, 2017
  2. Competing activities during notice period can justify an immediate termination for cause — August 7, 2017
  3. Update on reforms of the Maternity Protection Act — April 24, 2017
  4. Remuneration Transparency Act: A look ahead — December 19, 2016
  5. Court can decide amount of bonus where there has been an inequitable exercise of employer’s discretion. — August 29, 2016

Most commented posts

  1. Minimum wage from 1 January 2015 – Part I — 1 comment

Author's posts listings

Obligation to provide the works council with salary data does not allow for anonymized lists

Under the Works Constitution Act, the works council has a right to access information regarding the gross salary of employees. Such information is provided to the works council in form of a chart including relevant compensation details. In a case decided by the Higher Regional Labour Court of North Rhine Westphalia – Hamm – (judgment …

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Competing activities during notice period can justify an immediate termination for cause

In its judgment dated 12 April 2017 (docket number 3 Sa 202/16), the Higher Regional Labour Court of Schleswig Holstein found that activities for a competitor during an employee’s notice period may justify an immediate termination for cause. Under the employment contract, the employee had committed not to hold any shares of a company in …

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Update on reforms of the Maternity Protection Act

Following up on one of our blog posts last May, the German Parliament approved reforms of the Maternity Protection Act on 30 March 2017. The reforms are, however, still subject to the approval of the German Federal Council. One of the key changes will be an extension of the scope of protection, as a result …

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Remuneration Transparency Act: A look ahead

The coalition committee set the outline for a Remuneration Transparency Act in October 2016, thereby affirming that the current gender pay gap between men and women is no longer acceptable. The Act is planned to come into force in summer 2017. The draft law expressly states that it aims to promote and enforce the equal …

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Court can decide amount of bonus where there has been an inequitable exercise of employer’s discretion.

The plaintiff worked in a major bank – the defendant – as Managing Director from January 2010 until the end of September 2012. It was agreed by contract that the plaintiff would participate in the bonus system and/or in a deferral plan. On the basis of this agreement, the plaintiff received an achievement bonus of …

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Accident insurance cover applied during departmental Christmas celebration without management

The Federal Social Court (Bundessozialgericht) decided on 05 July 2016 (Az.: B 2 U 19/14 R) that participation in a works communal event is also covered by accident insurance cover if it is carried out by the management of the subject area. Contrary to former case law, personal participation of management is no longer necessary …

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Statutory minimum wage for on call times

The Federal Labour Court (Bundesarbeitsgericht) decided on 29 June 2016 (5 AZR 716/15) that the statutory minimum wage must be paid for each hour of actual work. On call times during which the employee has to be available to start work if required at a place that is determined by the employer also count as …

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Update on German Labour Leasing Laws – Coalition Agreement

According to Federal Minister Andrea Nahles (SPD), the coalition have now made a breakthrough on proposals to amend the German labour leasing laws. After a meeting of the coalition committee on 10 May 2016, the participants agreed on “clear rules” for employees and employers. They clearly agreed on the principle of “Equal pay for work …

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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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Video surveillance is permissible in a shop’s back room with social area

According to the Labour Court Oberhausen (Arbeitsgericht, ArbG), video surveillance of a storage room with an area used by the employees to spend their work breaks is permissible. The employee cannot claim compensation for breach of privacy or file for injunctive relief. In the relevant case the employer monitored the shop’s back room via video …

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