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Pascal Kremp LL.M.

Author's details

Name: Pascal Kremp LL.M.
Date registered: November 8, 2013

Latest posts

  1. Act on Uniformity of Collective Agreements (Tarifeinheitsgesetz) in most parts compatible with the German Constitution (Grundgesetz, GG) — July 17, 2017
  2. Sick is sick — November 4, 2016
  3. Employees aged 50 years or older may not generally be granted extra holiday for recuperation — July 15, 2016
  4. Illusions don’t trigger the start of objection periods — November 13, 2015
  5. You can’t have everything – no changes regarding intra-group agency work — February 19, 2014

Author's posts listings

Act on Uniformity of Collective Agreements (Tarifeinheitsgesetz) in most parts compatible with the German Constitution (Grundgesetz, GG)

The constitutionality of the Act on Uniformity of Collective Agreements has been a widely debated issue since it came into force in July 2015. Just recently – on 11 July 2017 – the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) confirmed that the provisions of this Act are compatible with the German Constitution for the most …

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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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Employees aged 50 years or older may not generally be granted extra holiday for recuperation

A clause in a collective bargaining agreement according to which employees aged 50 years or older are granted extra holiday per year is invalid. This was decided by the Federal Labour Court (Bundesarbeitsgericht, BAG) on 12 April 2016 (docket number 9 AZR 659/14). In the case at hand, the applicable collective bargaining agreements awarded three …

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Illusions don’t trigger the start of objection periods

The Higher Labour Court Düsseldorf (Landesarbeitsgericht, LAG) ruled on 14 October 2015 (docket number: 1 Sa 733/15) that a notification on a transfer of business (Betriebsübergang) is deficient and therefore does not trigger the objection period when it gives the impression of a long-term employment opportunity with the purchaser, if in fact this option is …

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You can’t have everything – no changes regarding intra-group agency work

The Government specifies the planned amendments of the Regulating Commercial Agency Work Act (Arbeitnehmerüberlassungsgesetz). According to the Government’s response to a parliamentary question (kleine Anfrage) put by the Group of the Greens (Die Grünen) the government does not plan any special regulations for the agency work within affiliated group companies (konzerninterne Arbeitnehmerüberlassung). In the Government’s …

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It could always be worse – Tax evasion not only leads to criminal prosecution

On the 7 January 2014 the Labour Court of Kiel (Arbeitsgericht Kiel) ruled that tax evasion can justify an ordinary dismissal (docket number: 2 Ca 1793a /13) even when the employee’s line manager was informed about tax evasion or, even worse, initiated such activity. The employee, a severely disabled person, worked for a long time as …

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Be aware…

DLA Piper publishes regularly a newsletter in German with recent news about employment law. The February issue of the DLA Piper “Be Aware” Newsletter provides a summary on proposed laws according to the coalition agreement as well as an overview on important labour court decisions. The newsletter contains decisions about consequences of not only temporarily …

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There’s no such thing as free parking…

The Regional Labour Court of Baden-Württemberg (Landesarbeitsgericht, LAG) ruled on January 13, 2014 (docket number: 1 Sa 17/13), that an employer was entitled to charge employees to use a newly constructed car park, even though the car park had previously been free of charge. In the case at point, until the rebuilding and partial new construction …

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