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The Works Council’s right of co-determination regarding the Employer’s Facebook presence

The German Federal Labour Court (Bundesarbeitsgericht) decided on 13 December 2016 that the Works Council has a right of co-determination when the employer’s Facebook page allows other users to post comments, which are related to the behaviour and performance of the employees. The employer operates a blood donor service. The doctors working at the blood donation events and all other employees wear name tags during their work. The employer’s Facebook page was established as a …

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Ordinary termination of employment due to sickness

A decision of the German Federal Labour Court (Bundesarbeitsgericht) on 13 May 2015 considered an employer’s termination of an employment contract based on personal reasons (the employee’s long term sickness absence) where there was no prior operational integration management (betriebliches Eingliederungsmanagement). The German Federal Labour Court indicated that the requirement on the employer to prove its case in judicial process increases  if an employer terminates an employment contract due to personal sickness and there has …

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