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Dr. Astrid Schnabel LL.M.

Author's details

Name: Dr. Astrid Schnabel LL.M.
Date registered: April 17, 2014

Latest posts

  1. Unpaid leave allows for reduced vacation entitlement — April 1, 2019
  2. Appointment of a Conciliation Committee dealing with the subject of a No Smoking Policy — December 6, 2018
  3. No co-determination rights of the works council for stock options issued by a foreign parent company — August 1, 2018
  4. Employer obligation to provide individual target agreements to safety authority — April 16, 2018
  5. Information right of the works council independent of employee consent — December 5, 2017

Author's posts listings

Failure of a public employer to invite a severely disabled individual to a job interview does not always indicate an unlawful discrimination

Sec. 82 sentence 2 of Volume IX of the German Social Code (SGB IX) states that if a severely disabled person has applied for a job with a public employer or they have been suggested by the Federal Labour Office (Bundesagentur für Arbeit), they must be invited to an interview. Failure to invite a severely …

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Strikes Against Industrial Peace Provisions Unlawful, Says Federal Court

As airport and airline strikes have become an almost annual event, in a landmark decision the Federal Labour Court (Bundesarbeitsgericht, BAG) has ruled on the obligation to pay damages in the event of an unlawful strike (judgment dated 26 July 2016, docket number 1 AZR 160/14).. The relevant strike occurred in 2012 when the Air …

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No accident insurance cover between home office and kitchen

The Federal Social Court (Bundessozialgericht) decided on 5 July 2016 (Az.: B 2 U 2/15 R) that an accident on the way from the home office to the kitchen in an employee’s apartment to have a glass of water does not qualify as a workplace accident and is thus not covered by the statutory accident …

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Revisions to the Maternity Protection Act

Recently, the German Federal Cabinet approved a draft law which will amend the Maternity Protection Act (Mutterschutzgesetz). According to the coalition’s plans, the reform will come into force on 1 January 2017. The key changes are: Increase of the period of protection (during which women cannot work) after the birth of a child with disabilities …

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Repayment of costs of continuing training

The Higher Labour Court (Landesarbeitsgericht, LAG) Rheinland-Pfalz decided on 3 March 2015 (docket no. 8 Sa 561/14) that a repayment clause for costs of continuing training in an employment contract is void if it only provides for an annual reduction of the repayment obligation. In this case,  the employee was obliged to participate in a …

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Update on Reform Regarding German Labour Leasing Laws

After the original legislative proposal made in November 2015 regarding reforms to the Labour Leasing Laws (please also see our Employment Blog contribution dated 10 December 2015) met massive resistance not only within the government but also by employers’ associations and German scholars and jurisprudence, the German Labour Ministry has now presented an amended legislative …

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No full leave entitlement where employment commences halfway through the year

If an employment relationship commences with effect from 1 July in a particular year, an employee is only entitled to pro-rated leave entitlement for this year, the Federal Labour Court (Bundesarbeitsgericht, BAG) decided on 17 November 2015 (docket no. 9 AZR 179/15). In the present case, an employee sued his former employer to claim compensation …

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Proposed changes to labour leasing laws

Following announcements since the last general elections, a proposal has now been made to amend existing labour leasing laws. A legislative proposal was circulated in November and focuses on the following key aspects: Maximum duration: Temporary work by way of labour leasing shall be limited to a duration of 18 consecutive months with the same …

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Internships do not count towards the probationary period for vocational training

A previous internship will not count towards the mandatory probationary period for vocational training in order to effectively shorten the agreed probationary period (judgment of the Federal Labour Court, Bundesarbeitsgericht, BAG, dated 19 November 2015, docket number 6 AZR 844/14). Traditionally, many professions in Germany require a formal vocational training program which commonly takes three …

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Trucks drivers passing through Germany may be subject to statutory minimum wage

The Federal Constitutional Court (Bundesverfassungsgericht) decided on 25 June 2015 (docket number: 1 BvR 555/15) that it is not competent to rule on the applicability of the Minimum Wage Act to transnational carriers. Companies are required to bring this issue before the relevant local courts first before the Constitutional Court may rule on the applicability. …

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