Tag Archive: works council

Works council’s request to dismiss an employee qualifies as an urgent operational reason for dismissal

Under German law, the works council can request that an employer dismisses or reassigns an employee if the employee has violated the law or has grossly violated principles set forth in sec. 75 of the Works Constitution Act, such as by showing racist or xenophobic behavior in the workplace. If the employer does not comply …

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No laptop for works council

It depends on the specific circumstances of the individual case whether a works council with eleven members, which is already provided with two personal computers, can claim to be provided with an additional laptop. The defendant runs a freight company with 350 employees. Its works council, which has eleven members, already works with two internet-enabled …

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Federal Labor Court rulings to watch in 2017 (edition Jan – March)

Already in the first quarter of the New Year Germany’s Federal Labor Court will deliver a number of judgments important for advisors and practitioners alike: Time Credits for works council members? (- docket no 7 AZR 224/15 – expected for 18 January 2017- ) Although members of a works council act in an honorary role …

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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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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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No right of the works council to remove a managing director

The works council has no right to have the company´s managing director removed, the Higher Labour Court Hamm (Landesarbeitsgericht Hamm, docket number 7 TaBV 11/16) ruled on 2 August 2016.   The works council had claimed to remove the managing director of the employer pursuant to sec. 104 of the Works Constitution Act (Betriebsverfassungsgesetz, BetrVG). …

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News concerning mass dismissal procedure

On 9 June 2016 the Federal Labour Court (Bundesarbeitsgericht) decided that incorrect information to the Works Council with regard to a planned mass dismissal can be healed by a final statement of the Works Council (docket number: 5 AZR 405/15).   After deciding to close the business down, the Works Council was informed about the …

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Dissolution of the works council only in case of a collective breach of duties

On 4 February 2016 (docket number: 10 TaBV 2078/15) the Higher Labour Court Berlin-Brandenburg (Landesarbeitsgericht, LAG) ruled that where only individual works council members breach their legal duties, the works council will not be dissolved as a whole. In the case at hand, the parties were in dispute over the dissolution of the works council …

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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 …

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Compliance investigations and the two-week exclusionary period for immediate dismissal for cause

The successful management and timing of compliance investigations requires careful consideration of the statutory two-week exclusionary period for immediate dismissal for cause of employees involved in any compliance violations.   In German law, an immediate dismissal for cause is only valid and legally effective if the competent works council was duly heard and the written dismissal …

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