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Volker von Alvensleben

Author's details

Name: Volker von Alvensleben
Date registered: December 23, 2013

Latest posts

  1. Non-compete clauses – No Compensation for Abstention – Severability Clause — April 4, 2017
  2. Dismissal of Severely Disabled Employees Only Valid After Participation of Representatives — January 11, 2017
  3. Co-determination of the works council concerning Facebook presence of the employer — December 21, 2016
  4. Can someone be dismissed for wearing an Islamic head scarf? — August 15, 2016
  5. Direct discrimination on grounds of transsexualism shall constitute discrimination within the meaning of section 1 of the General Equal Treatment Act (Allgemeiner Gleichbehandlungsgrundsatz – AGG) — June 21, 2016

Author's posts listings

Non-compete clauses – No Compensation for Abstention – Severability Clause

Non-compete provisions valid for the period after an employment relationship has ended are invalid unless the agreement provides for a compensation payment of 50% of the employee’s former salary during the entire duration of the post-contractual non-compete obligation. This decision by the German Federal Employment Court (docket no. 10 AZR 448/15, dated March 22, 2017) …

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Dismissal of Severely Disabled Employees Only Valid After Participation of Representatives

Employees who suffer from a severe disability may no longer have their employment contracts terminated by their employer unless such dismissal proposal saw participation by the Severely Disabled Employees Council. This strengthening of the rights of severely disabled employees became valid on 30 December 2016, as the German Social Security Code IX (SGB IX) saw …

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Co-determination of the works council concerning Facebook presence of the employer

The Federal Labor Court (Bundesarbeitsgericht, BAG) decided on 13 December 2016 (docket number: 1 ABR 7/15) that the works council has a right of co-determination if an employer launches a Facebook page and allows Facebook users to publish posts on his Facebook page which refer to the behavior or performance of individual employees. The employer …

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Can someone be dismissed for wearing an Islamic head scarf?

According to an Advocate General’s opinion to the European Court of Justice (dated 13 July 2016, C-188/15 Bougnaoui and ADDH v. Microple SA) a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination. Ms Bougnaoui is a Muslim woman who was employed as a design …

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Direct discrimination on grounds of transsexualism shall constitute discrimination within the meaning of section 1 of the General Equal Treatment Act (Allgemeiner Gleichbehandlungsgrundsatz – AGG)

Transsexuality as such does not belong to the characteristics which are listed in the General Equal Treatment Act (AGG), to which the prohibition on discrimination applies. However, the Federal Labour Court (Bundesarbeitsgericht) decided on 17 December 2015 (docket number: 8 AZR 421/14) that transsexuality can fall within the scope of the listed characteristic of “gender” …

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A company’s early retirement scheme does not constitute discrimination under the Equal Treatment Act

The Federal Labour Court (BAG) ruled in March (docket no.: 8 AZR 677/14) that a company’s early retirement pension scheme does not violate the German Equal Treatment Act if the employee is free in his decision to accept the offer. In this case the employer offered within early retirement scheme which provided that the employee …

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Mass redundancies: Second dismissal requires second notification of the Federal Labour Office

On 20 January 2016 the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that a notification of the Federal Labour Office (Bundesagentur für Arbeit) in case of a mass dismissal only applies to the concrete dismissals included in the notification. Further and later dismissals require additional notification. It also clarified the process stipulated by the law in …

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No dismissal with the option of altered conditions to offset minimum wage

A dismissal with the option of altered terms and conditions will be invalid if additional payments are taken away to offset the higher hourly base pay required under the Minimum Wage Act (judgment of the Higher Regional Labour Court of Berlin-Brandenburg, Landesarbeitsgericht, LAG, dated 25 September 2015, docket number 8 Sa 677/15). In the case …

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Discriminatory dismissals invalid even in small operations

Following a recent judgment by the Federal Labour Court (Bundesarbeitsgericht, BAG), discriminatory dismissals will also be invalid in small operations in which the strict rules protecting employees against dismissals do not apply (judgment dated 23 July 2015, docket number 6 AZR 457/14). In the case at hand, the plaintiff, an employee, worked in a doctor’s …

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No can do

Using a company credit card for private purposes without express permission from the employer may be grounds for a formal warning or even allow for a conduct-related dismissal (judgment by the Nuremberg Higher Regional Labour Court, Landesarbeitsgericht, LAG; dated February 3, 2015, docket number 7 Sa 394/14). In the case at hand, the employer provided …

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