avatar

Tom Stiebert

Author's details

Name: Tom Stiebert
Date registered: June 1, 2017

Latest posts

  1. Temporary workers and thresholds – When does a temporary worker count as a normal employee? — November 21, 2017
  2. Size (doesn’t) matter – Minimum size for police officers discriminates women — October 20, 2017
  3. Hurdles at the temporal limits of work contracts – When is a fixed-term contract valid? — October 18, 2017
  4. Termination only on the basis of suspicion – Basics and difficulties — October 4, 2017
  5. New to age limits: What is allowed, what is not allowed? — July 28, 2017

Author's posts listings

Temporary workers and thresholds – When does a temporary worker count as a normal employee?

Temporary work is a hybrid in employment law and thus leads to many problems: Although there is an employment contract with the leasing company, the employee works for another company. The question of assignment to one of these companies arises in many aspects of German labor law. In particular, where the number of employees is …

Continue reading »

Size (doesn’t) matter – Minimum size for police officers discriminates women

The ECJ ruled in a judgment on 18 October that a uniform minimum size as a requirement for men and women to get a job is inadmissible (docket number C-409/16). A Greek court had asked the ECJ whether “a height (in the case of men and women) of at least 1.70m”, is compatible with Directive …

Continue reading »

Hurdles at the temporal limits of work contracts – When is a fixed-term contract valid?

In practice, fixed-term contracts lead to practical problems in a large number of cases. On the one hand, this is because they demand a variety of formalities (see our article from July 24 ). On the other hand, however, it is even more difficult to determine whether it is possible to limit the work contract …

Continue reading »

Termination only on the basis of suspicion – Basics and difficulties

We recently reported on third parties’ pressure to terminate an employee in our blog. This time, too, we would like to take a current judgment (Federal Labour Court of Germany (“Bundesarbeitsgericht”) from 2.3.2017, docket number 2 AZR 698/15) as an opportunity to report on a further special possible termination: a termination based only on suspicion …

Continue reading »

New to age limits: What is allowed, what is not allowed?

Age limits remain a permanent issue in employment law in Europe. They come into play in different ways: On the one hand, as a maximum age limit for the commencement of a particular career;  on the other hand – even more relevant – as an age limit at which the employment relationship automatically terminates. A …

Continue reading »

Beware of invalid temporal limits of work contracts

The agreement on a time limit for the employment contract is a practice frequently used in Germany, in order to escape the restrictions on the right to protection. Caution is, however, required, since a fixed term is only permitted under special statutory conditions. On the one hand, it is necessary to examine whether there is …

Continue reading »

Change of jurisdiction of the Federal Labour Court of Germany: Consequence of unauthorized instructions

Of central importance in German labour law is the right of the employer to issue instructions to employees with regard to the content, location and time of the work (sec 106 of the German Trade Regulation Act “Gewerbeordnung”). If admissible instructions are given, the employee is obliged to follow them. If he does not follow …

Continue reading »

Special case of termination protection: Third parties’ pressure to terminate an employee

The German right of termination is known to be quite strict. A reason for termination is always necessary. It is herefore surprising that such a reason exists even if third parties exert pressure on the employer to terminate the contract (“Druckkündigung”). The basics are presented below. By judgment of 15.12.2016 ( docket number 2 AZR …

Continue reading »

Problems of holiday calculation when changing working days

The Federal Labour Court of Germany (Bundesarbeitsgericht) ruled on 24 February 2017 (docket number 9 AZR 7/16)  how to calculate  annual  holiday when an employee changes from a part-time to a full-time job. Calculating the number of days’ holiday after an increase or decrease in working days is one of the most complicated topics in …

Continue reading »