Dr. Andreas Imping

Author's details

Name: Dr. Andreas Imping
Date registered: November 8, 2013

Latest posts

  1. Increase of Working also for Disabled Employees!? — February 13, 2017
  2. Investigations by a Detective create (not only) Data Privacy Issues — October 27, 2016
  3. Better not Bend the Truth! — February 11, 2016
  4. Holiday and Christmas Bonus – No Crediting against Minimum Wage Entitlement — October 22, 2015
  5. Family care prevents termination — February 6, 2015

Author's posts listings

Increase of Working also for Disabled Employees!?

On 26 January 2017, the Federal State Labour Court (Bundesarbeitsgericht) ruled that a disabled part-time employee may not claim damages for discrimination where his employer did not offer him an increase in weekly working hours, unlike his colleagues (docket number: 8 AZR 736/15). In the case at hand, the employer, a courier service provider, employed …

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Investigations by a Detective create (not only) Data Privacy Issues

The Higher Labour Court of Baden-Württemberg (Landesarbeitsgericht Baden-Württemberg, docket number 4 Sa 61/15) decided on 4 July 2016 that the employer´s instruction of a private detective to investigate its suspicion of unlawful behaviour of its employee infringed German data privacy rules. The detective´s findings must not be used as evidence of the employee´s breach of …

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Better not Bend the Truth!

On 16 July 2015, the Federal State Labour Court (Bundesarbeitsgericht) ruled that an employer must inform the works council thoroughly and honestly about the circumstances which actually determined its decision to terminate an employment relationship (docket number: 2 AZR 15/15). In the case at hand, an employee was dismissed due to illness. According to the …

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Holiday and Christmas Bonus – No Crediting against Minimum Wage Entitlement

On 2 October 2015 the Higher Court of Berlin-Brandenburg (Landesarbeitsgericht Berlin-Brandenburg) decided that an employer must not credit the employee´s entitlement to holiday and Christmas bonus against the obligation to meet the legal requirements of the Minimum Wage Act (docket number: 9 Sa 570/15). Since the Minimum Wage Act (Mindestlohngesetz) became effective of 1 January …

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Family care prevents termination

The State Federal Labor Court of Thuringia decided on 2 October 2014 that an employee may claim special termination protection once he has applied to the employer to take some days off in order to take undertake nursing care of a member of his family (docket no. 6 Sa 345/13). By way of background, German …

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Anniversary bonus – No continuing employment relationship required

The Federal Labour Court (Bundesarbeitsgericht, BAG) decided that the payment of an anniversary bonus does not require the duration of the employment relationship beyond the date of the anniversary  (judgment dated April 9, 2014, docket number 10 AZR 635/13). The plaintiff was employed by the company for exactly forty years. His employment terminated on 28 …

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Discrimination due to weight?

The Local Labour Court (Arbeitsgericht, ArbG) Darmstadt has rejected a disability discrimination lawsuit against a health promotion company (judgment dated June 12, 2014, docket number 6 Ca 188/14). The plaintiff, a female applicant, had sued the company for 30,000 EUR in damages under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). The applicant is 1.7 …

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Holidays in spite of being six feet under?

The ECJ (European Court of Justice) ruled on 12 June 2014 (docket number C-118/13) that employers are liable for claims of unpaid holiday pay when a member of staff dies in service. The case, which was brought before the ECJ by a German court, concerned a widow who claimed she was owed around 140 days …

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New Directive on Supplementary Pension Rights in Force 20 May 2014: Do German Employers Need to Take Action?

On 15 April 2014, the European Parliament issued a Directive improving the protection of supplementary pension rights (i.e. rights under occupational pension schemes – so-called ‘second-pillar’ pension schemes linked to an employment relationship) for mobile workers. The new rules help to remove current obstacles to free movement, such as the requirement for very long periods …

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What age limits are permissible in private pension schemes?

According to the Federal Labour Court (Bundesarbeitsgericht, BAG – docket number: 3 AZR 69/12) a company´s private pension scheme may not exclude an employee´s entitlement to a private pension where the defined vesting period of ten years does not expire before the employee reaches the age of 55.    Age limits are allowed in general …

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