avatar

Tom Stiebert

Author's details

Name: Tom Stiebert
Date registered: June 1, 2017

Latest posts

  1. Beware of invalid temporal limits of work contracts — July 24, 2017
  2. Change of jurisdiction of the Federal Labour Court of Germany: Consequence of unauthorized instructions — June 29, 2017
  3. Special case of termination protection: Third parties’ pressure to terminate an employee — June 26, 2017
  4. Problems of holiday calculation when changing working days — June 15, 2017

Author's posts listings

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 »