avatar

Saskia MacLaughlin

Author's details

Name: Saskia MacLaughlin
Date registered: December 23, 2013

Latest posts

  1. Penalty clause unenforceable where non-compete obligation is invalid — August 14, 2017
  2. Shortened notice period during probationary period requires clear language — April 18, 2017
  3. The objective suitability of an applicant is no condition for discrimination — December 12, 2016
  4. The works council has no right to a separate internet or telephone connection — April 29, 2016
  5. Employer does not need allow strike action on her own premises — April 19, 2016

Author's posts listings

Penalty clause unenforceable where non-compete obligation is invalid

If a post-contractual non-compete obligation is invalid and therefore non-binding, a penalty clause intended to protect this clause is unenforceable (judgment of the Solingen labour court dated 20 June 2017, docket number 3 Ca 153/17). The employee worked for a travel agent and had mainly sold cruises. The employee’s contract included a post-contractual non-compete obligation …

Continue reading »

Shortened notice period during probationary period requires clear language

German law allows a short notice period of two weeks during a probationary period, which can be agreed for up to six months. However, if the employment contract generally provides for a longer notice period, without making clear that this longer notice period only applies after the end of the probationary period, that longer notice …

Continue reading »

The objective suitability of an applicant is no condition for discrimination

The Federal Labor Court (Bundesarbeitsgericht) decided on 19 May 2016 (docket no. 8 AZR 470/14) that an applicant, who is not objectively suitable for the advertised position, is nevertheless in a comparable situation or comparable position within the meaning of sec. 3 para. 1 and 2 of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – …

Continue reading »

The works council has no right to a separate internet or telephone connection

The parties – a company and its five-member works council – were is dispute about a separate telephone and internet connection for the works council, alternatively about unlimited internet access. On 20 April 2016 (docket number: 7 ABR 50/14) the Federal Labour Court (BAG) decided that the employer is not obliged to provide an internet …

Continue reading »

Employer does not need allow strike action on her own premises

On the 7 April the Labour Court (ArbG) Berlin (docket no.: 41 Ca 15029/15) prohibited the trade union ver.di from undertaking strike action on the employer’s premises.   In the relevant case ver.di planned to undertake strike action on the employer’s carpark arguing that in view of the circumstances at the relevant work site as well …

Continue reading »

Different principles for different payments

On 8 December 2015 the Federal Labour Court (Bundesarbeitsgericht, BAG, docket number: 1 AZR 595/14) ruled that it is permissible to limit severance payment entitlements in a social plan (Sozialplan) to employees who are facing unemployment as a result of the termination. In contrast to this, a bonus payment in exchange for a waiver to …

Continue reading »

Documentation obligations for minimum wage employers reduced

With effect from 1 August 2015 the Regulation on Minimum Wage Documentation (Mindestlohndokumentationspflichtenverordnung) was amended by the Federal Ministry for Labor and Social Affairs. Since the Minimum Wage Act (Mindestlohngesetz) came into effect on 1 January 2015 a documentation requirement was imposed on employers which employ low-paid employees (earning a maximum monthly salary of EUR …

Continue reading »

Roundup on the New Minimum Wage

Since the nationwide statutory minimum wage of EUR 8.50 per working hour entered into force on January 1, 2015, court cases dealing with minimum wage issues are slowly starting to trickle in. Here we present two new decisions on this topic. The Berlin Labour Court (Arbeitsgericht Berlin, ArbG) recently held that the dismissal of employees …

Continue reading »

Too short a notice period will not render a termination null and void

Even if an employment contract invalidly provides for a notice period of two days and the employer subsequently issues a termination with a two-day notice period, this will not render a termination null and void. The Hamm Higher Regional Labour Court (Landesarbeitsgericht, LAG) was called to rule on the validity of a termination in the …

Continue reading »

Legislative reforms regarding family and medical leave imminent

On 1 January 2015, changes to the German Care Act (Pflegezeitgesetz, PflegeZG) and the German Family Care Act (Familienpflegezeitgesetz, FamPflG) will come into force. The new regulations aim to reconcile family care duties and work. Under the revised law, employees are entitled to work part-time in order to be able to care for sick relatives. …

Continue reading »

Older posts «