By judgment of 3 June 2020 (docket number: 3 AZR 226/19) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that the exclusion of a survivor’s pension is justified if the pension plan provides for full pension benefits in the event of early retirement on reaching the age of 50 and if the marriage was …
According to a new law (“Siebtes Gesetz zur Änderung des Vierten Buches Sozialgesetzbuch und anderer Gesetze“, BGBl. 2020 I S. 1248 [1271]) pension benefits granted through a so-called pension insurance fund (“Pensionskasse”) will in future be protected against the insolvency of the employer. German occupational pension law stipulates that pension commitments can be granted not …
On 7 June 2020, the German Federal Labor Court (FLC) (docket number 9 AZR 401/19) referred a question regarding the compatibility of the expiry of vacation entitlements with EU law to the European Court of Justice (ECJ) for preliminary ruling. This is likely to eliminate remaining legal uncertainties in relation to permanently sick employee’s vacation …
Annual Leave: Does the law require employers to remind sick employees to take vacation? Read More »
By judgment of 12 May 2020 (docket number: 3 AZR 157/19) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that the employer’s liability for pension benefits based on pension commitments under the involvement of an external pension carrier pursuant to Section 1 Paragraph 1 Sentence 3 of the German Company Pensions Act (BetrAVG) only …
The private use of internet and e-mail despite a corresponding prohibition during working hours on company devices can justify termination without notice under German labour law the Higher Regional Labour Court of Cologne ruled on 7 February 2020 (docket number: 4 Sa 329/19). The case An employee of a company had written several e-mails and …
The new Corona Warning App launched in Germany on Tuesday June 16th , 2020 and had already been downloaded nearly 6,5 million times as of the next morning. How does the App work? According to the information released by the German government, the app uses Bluetooth technology to measure the distance and duration of encounters …
The new Corona Warning App and its legal implications for employment law Read More »
The CDU/CSU and SPD parliamentary groups have introduced a new package of laws into the German Bundestag containing important labour and social regulations, which will be passed in the near future. This package again contains numerous changes in labour and social law. Further measures are to be taken to cushion the economic and social hardships …
Planned Novelties in Employment and Social Law through German “Social Pact II” Read More »
At the moment, hearings at the labour and social courts are largely suspended. This is problematic in so far as it mostly concerns existential questions such as the existence of an employment relationship or a claim for wage payment as well as collective issues. These questions require a quick decision. Particularly in proceedings for protection …
New legislation during the pandemic: Online court hearings at labour and social courts Read More »
Whereas it has previously been necessary to fall back on general principles when planning occupational health and safety measures, Federal Minister of Labour, Mr Heil has now specified these in more detail on 16 April 2020 and has thus established guidelines for (physical) cooperation. The requirements set out here must already be complied with by …
Which measures for occupational health and safety are required in the current situation? Read More »
Following an amendment of the Working Time Act as of March 28, 2020, the Federal Ministry of Labour and Social Affairs issued a Working Hours Ordinance, which from April 10, 2020 onwards allows exceptions to the provisions of the Working Hours Act only for certain activities and only for a limited period until June 30, …
Covid-19: Temporary changes to maximum working hours for certain industries Read More »
On April 08, 2020, the Federal Government adopted changes regarding co-determination at company level. According to the government draft, the possibilities for the works councils to pass resolutions will be extended and the ability of the staff representatives to act will be ensured. The planned revision of the Works Council Constitution Act (BetrVG) allows staff …
Works council meetings by video or phone conference? Read More »
By judgment of 21 January 2020 (docket number: 3 AZR 281/18) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that for the calculation of pension benefits partial retirement (Altersteilzeit) is to be treated as part-time work (Teilzeitarbeit). The employer and the former employee were in dispute over the question of whether periods of partial …
Occupational Pensions: Partial retirement is to be treated as part-time work Read More »
By judgment of 19 November 2019 (docket number: 3 AZR 281/18) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that, in the event that an employer has granted a total pension (Gesamtversorgung) which consists of both occupational pensions and other types of pension benefits, the employer’s obligation to carry out pension adjustments according to …
By judgment of 19 December 2019 (docket number: C-168/18) the European Court of Justice has ruled that employee’s pension entitlements which are based on so-called captive pension insurance schemes (Pensionskassenzusagen) are (to a certain extent) protected from benefit reductions in the event of employer insolvency. The plaintiff participated in a captive pension insurance scheme (Pensionskasse). …
By judgment of 18 February 2020 (docket number: 3 AZR 206/18) the Federal Labour Court has ruled that if an employer provides information on occupational pensions such information must be correct, clear and complete. However, there is no general obligation to provide information on the social security treatment of pension benefits. The plaintiff participated in …
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