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Till Basfeld

Author's details

Name: Till Basfeld
Date registered: February 29, 2016

Latest posts

  1. Suspicion of pretended sickness and activities for a competing company generally justified surveillance by a detective and immediate termination for cause — November 13, 2017
  2. Saturday-Sunday-LLC — November 24, 2016
  3. Unemployment benefits despite existing employment relationship — November 22, 2016
  4. Extension of fixed-term employment contracts — November 11, 2016
  5. EU Council adopted Trade-Secret-Directive — July 27, 2016

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Suspicion of pretended sickness and activities for a competing company generally justified surveillance by a detective and immediate termination for cause

A new judgment of the Federal Labour Court (dated 29.6.2017, docket number 2 AZR 597/16) supports previous judgments concerning termination based on suspicion of breach of duties and furthermore sheds  light on the permissibility of carrying out surveillance on employees through a detective to clarify such suspicions. In the case at hand the employee and …

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Saturday-Sunday-LLC

The Higher Labour Court of Hamm (Landesarbeitsgericht Hamm, docket number 13 TaBVGa 8/16) decided on 24 October 2016 that the works council cannot prevent the employer from flying in weekend shifts from its Portuguese operation without the approval of the works council. In this case – currently only available as a press release – the …

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Unemployment benefits despite existing employment relationship

Even without being formally unemployed, an employee might be entitled to unemployment benefits (Arbeitslosengeld I) in the event of factual unemployment, the Social Court Dortmund (Sozialgericht, SG) decided in a recent ruling on 10 October 2016 (docket number: S 31 AL 84/16). The plaintiff, a judicial clerk who was employed at a local court (Amtsgericht, …

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Extension of fixed-term employment contracts

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 26 October 2016 (docket number: 7 AZR 140/15) that a collective bargaining agreement (Tarifvertrag) which allows the extension of fixed-term employment without cause (sachgrundlose Befristung) for a maximum period of five years is effective.   In this case the plaintiff was employed by the defendant, a company …

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EU Council adopted Trade-Secret-Directive

The Trade-Secret-Directive was a long time in the making. On 27 May 2016 the EU Council unanimously adopted the Directive on “Trade Secrets”. The Directive’s aim is to protect organisations within EU member states from misappropriation of “trade secrets” and also seeks to harmonize the diverging national laws of the Member States. What is a …

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No right to have a lawyer present when consulting personnel file

On 12 July 2016 (docket number 9 AZR 791/14) the Federal Labour Court (Bundesarbeitsgericht, BAG) decided that an employee generally has no right to have a lawyer present when consulting his personnel file (Personalakte). In the case at hand, the plaintiff received an informal warning (Ermahnung). To prepare possible legal action against it, the plaintiff’s …

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Legal consequence of concealed agency work (verdeckte Arbeitnehmerüberlassung)

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 12 July 2016 (docket number 9 AZR 352/15): If the employer as agency (Verleiher) has the appropriate commercial agency work permit according to the Regulating Commercial Agency Work Act (Arbeitnehmerüberlassungsgesetz, AÜG) to contract out agency workers (Leiharbeitnehmer) to clients (Entleiher) in the context of its economic activity, …

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Full-time works council members must notify employer about absences

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 24 February 2016 (docket number 7 ABR 20/14) that employees who are released completely from work due to works council duties (Freistellung) have to notify the employer when they fulfil their duties outside of the company and report back upon return. In the case at hand, two …

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No flexibility on limitation periods

On 16 March 2016, the Federal Labour Court (Bundesarbeitsgericht) ruled that a claim has to be delivered to the defendant in order to comply with a limitation period which requires the written assertion of a claim within a certain deadline. The mere receipt of a statement of claim by the court is insufficient even if …

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Rejection of a written notice due to lack of simultaneous submission of power of attorney

On 24 September 2015, the Federal Labour Court (Bundesarbeitsgericht) decided that a written notice may not be rejected by an employee where a power of attorney is not submitted simultaneously, if such a power of attorney had already been submitted for an earlier notice. However, this only applies if the earlier power of attorney also authorizes …

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