Dr. Bernd Borgmann LL.M.

Author's details

Name: Dr. Bernd Borgmann LL.M.
Date registered: December 23, 2013

Latest posts

New Act on Remuneration Transparency — June 13, 2017
Federal Labor Court rulings to watch in 2017 (edition Jan – March) — January 6, 2017
Corporate Email Correspondence As Admissible Evidence? — June 3, 2015
The Ins and Outs of German Vacation Time and Vacation Pay — June 6, 2014
EWC: Rules for communicating via company intranet confirmed — March 26, 2014

Author's posts listings

New Act on Remuneration Transparency

Categories:

burden of proof, Compliance, Discrimination, Equal Treatment, Government/Politics, Legislation, Remuneration, Uncategorized

June 13, 2017

by Dr. Bernd Borgmann LL.M.

Following up our blog post from December 19, 2016 where we reported about a legislative proposal to promote equal pay between women and men, the Remuneration Transparency Act has now entered into force. Arguing that women still earn 7 % less than men even if statistics account for women frequently working part-time, less often climbing …

Tags: anti-discrimination, discrimination, equal pay, equal treatment, Remuneration Transparency Act, works council

Federal Labor Court rulings to watch in 2017 (edition Jan – March)

Categories:

Benefits, Bonus Payments, Damages, Discrimination, Employment contract, Post-contractual non-compete, Standard contractual terms and conditions of employment, Termination, Uncategorized, Works Council

January 6, 2017

by Dr. Bernd Borgmann LL.M.

Already in the first quarter of the New Year Germany’s Federal Labor Court will deliver a number of judgments important for advisors and practitioners alike: Time Credits for works council members? (- docket no 7 AZR 224/15 – expected for 18 January 2017- ) Although members of a works council act in an honorary role …

Tags: caselaw, Federal Labour Court., new year 2017, works council

Corporate Email Correspondence As Admissible Evidence?

Categories:

Data Protection

June 3, 2015

by Dr. Bernd Borgmann LL.M.

The legal boundaries regarding the screening of an employee’s corporate email account and questions concerning the admissibility of those emails as evidence in court (eg in a wrongful dismissal lawsuit) have not been finally resolved. No express evidence exclusion rule is laid down by law, either in the Civil Code or in the Labour Court …

This post has no tag

The Ins and Outs of German Vacation Time and Vacation Pay

Categories:

Benefits, Company Practice, Equal Treatment, Holidays, Remuneration, Temporary Workers, Works Council

June 6, 2014

by Dr. Bernd Borgmann LL.M.

As we approach summer many employers start to intensify their staff’s vacation planning. Vacation regulations in Germany are not as straightforward as many employers might think. Today’s blog therefore aims to provide a basic overview on German vacation rules for employers. How much vacation pay and time are employees entitled to? Starting off with the …

Tags: vacation; holiday; minimum vacation; vacation pay

EWC: Rules for communicating via company intranet confirmed

Categories:

Company Practice, European Works Council (EWC), Uncategorized, Works Council

March 26, 2014

by Dr. Bernd Borgmann LL.M.

A European Works Council (EWC) may not communicate directly with employees using the employer’s intranet or email system. So decided the Labour Court Lorrach (docket number: 5 BV 7/12) in a case where the EWC of a multinational group with over 11,600 employees in Europe asked the company’s European central management to publish the EWC’s …

Tags: communication, company practice, european works council, EWC, freedom of speach, intranet, publishing, workforce

Massaging business expense forms – fatal even without the employee’s signature

Categories:

Benefits, Company Practice, Compliance, Conduct Related Dismissal, Dismissal, Termination

March 4, 2014

by Dr. Bernd Borgmann LL.M.

An airline dismissed a captain without notice after discovering that the captain had submitted overstated travel expenses, even though the expense form was not properly completed, had been partially overwritten and lacked the required signature. The first two court hearings upheld the employee’s claim and ordered reinstatement as they regarded the carelessly filled form as …

Tags: 2 AZR 994/12, Bundesarbeitsgericht, business expense, conditional intent, dismissal, expense fraud, Federal Labour Court.

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