According to a recent judgment of the Higher Labour Court of Berlin-Brandenburg (Landesarbeitsgericht, LAG), employers are obliged to grant annual vacation, breaks and rest periods as required by the law on their own without prompting (judgment dated June 12, 2014, docket number: 21 Sa 221/14). If an employer fails to grant the annual vacation entitlement …
In a recent judgment the German Federal Labour Court (Bundesarbeitsgericht – BAG; judgment dated 31 July 2014, docket number: 2 AZR 505/13) had to rule on a case in which a candidate for the election committee for works council elections made several statements about problems in the employer’s company. One of the main questions the …
On June 11, 2014 the Higher Labour Court of Lower Saxony (Landesarbeitsgericht – LAG) dealt with the disadvantageous recalculation of unused accrued annual vacation when switching from full-time to part-time work. In accordance with a recent decision by the European Court of Justice (ECJ), the court held that when employees change their working hours from …
Many companies set up standards for work clothes. In these cases, it is a question of law whether changing into mandatory work clothes is part of the employees’ working time. According to the German Federal Labour Court (Bundesarbeitsgericht, BAG), the time required to change into work clothes at the work place counts as working time …
According to the jurisdiction of the German Federal Labour Court (Bundesarbeitsgericht, BAG) many short-term sickness absences may justify the ordinary termination of an employment contract (judgment dated November 10, 2005, docket number: 2 AZR 44/05). However, what happens if an ordinary termination is excluded because of collective labour agreements? May the employer then issue an …
On May 15, 2014 the Higher Labour Court of Munich (Landesarbeitsgericht – LAG) ruled (docket number 2 Sa 14/1) that part-time employees are not entitled to have the total amount of time they are obliged to be on-call (Rufbereitschaften) reduced. The plaintiff worked for the defendant 20 hours a week on a reduced number of …
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