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Dr. Kai Bodenstedt LL.M.

Author's details

Name: Dr. Kai Bodenstedt LL.M.
Date registered: November 11, 2013

Latest posts

  1. Change in shareholders does not trigger ARD-implementing legislation — April 10, 2017
  2. Legal validity of warnings — December 15, 2016
  3. Who has the burden of proof regarding the claim for continued payment of compensation in case of sickness? — August 25, 2016
  4. A consent order of the New York Department of Financial Services does not in itself justify a dismissal — August 9, 2016
  5. German Federal Minimum Wage to Increase by 4% in 2017 — June 30, 2016

Author's posts listings

Change in shareholders does not trigger ARD-implementing legislation

The Federal Labour Court has clarified that sec. 613a of the German Civil Code, which implements the Acquired Rights Directive into German law, does not apply in case of a change of shareholders (judgment of the Federal Labour Court dated 23 March 2017, docket number 8 AZR 89/15). The parties had been in dispute about …

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Legal validity of warnings

The Higher Labour Court Cologne (Landesarbeitsgericht Köln) decided on 20.09.2016 (12 Sa 381/16) that a warning cannot be considered as illegal on the ground that it is disproportionate because the employer should have given an admonition as a milder sanction first. The parties are in dispute about the legal validity of a warning. The plaintiff …

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Who has the burden of proof regarding the claim for continued payment of compensation in case of sickness?

According to German law, employees are entitled to six weeks’ paid sick leave. If the employee continues to be ill due to the same underlying illness, the six-week period will recommence, so long as six months have passed since the end of the employee’s last sick leave, or if one year has passed since the …

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A consent order of the New York Department of Financial Services does not in itself justify a dismissal

The state labor court of Frankfurt (Landesarbeitsgericht Frankfurt) ruled on 13 July 2016 (docket number: 18 Sa 1498/15) that a dismissal of an employee by a major financial institution at the behest of the New York Department of Financial Services (NYDFS) is invalid. The dismissal has to be justified based on German labour law. The financial institution …

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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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No extraordinary termination where employee threatens to run amok as a spur-of-the-moment reaction in internal integration management proceedings

The Higher Labour Court Hessen (LAG Hessen) ruled on 22 April 2015 (docket number 2 Sa 1305/14) that an extraordinary termination based on the employee’s threat during internal integration management proceedings to run amok may be invalid as a result of a balancing of interests. In Germany an extraordinary termination without notice requires an important …

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The requirement of very good English and German language proficiency for employment in an international company is self-justifying and does not constitute discrimination

The Regional Labour Court (Landesarbeitsgericht, LAG) of Baden-Württemberg decided on 15 January 2016 (docket no. 19 Sa 27/15) that the requirement of very good English and German language proficiency for employment in a company operating internationally is self-justifying and does not constitute discrimination. The description of the company’s team as being “young and highly motivated” …

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A valid dismissal for operational reasons does not require a prior offer to continue employment abroad

While dismissals for operational reasons in Germany generally require an employer to review whether there are vacant positions that the employee may be assigned, this obligation generally does not extend to vacant positions abroad. This principle has now been reconfirmed by the Federal Labour Court (Bundesarbeitsgericht, BAG, judgment dated 24 September 2015, docket number 2 …

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Hard touch down for aviation companies’ damage claims

On 25. August 2015 the Federal Labor Court (Bundesarbeitsgericht) ruled that a supporting strike by a third party occupational group which is not part of the labor dispute but is represented by the union involved will not entitle the affected third party companies to damages (ref. no. 1 AZR 754/13). In several parallel cases which …

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Only once is once too often

The Higher Labor Court Hesse (Landesarbeitsgericht Hessen) ruled on 23 March 2015 (ref. no. 16 Sa 646/14) that handing the employer an intentionally manipulated sick note can justify an extraordinary dismissal even if the employment relationship lasts for more than 23 years without significant misconduct. In this case the employee, a mother of 2 children …

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