Dr. Florian Olms

Author's details

Name: Dr. Florian Olms
Date registered: December 23, 2013

Latest posts

  1. Better learn English…. — July 30, 2015
  2. Fixed-term employments – a little bit of knowledge is a dangerous thing — July 27, 2015
  3. Dynamic reference provisions – does European law strike again? — July 16, 2015
  4. Don’t harass – it’s a mess — July 7, 2015
  5. Windfall reversed – no remuneration for intern — November 28, 2014

Author's posts listings

Better learn English….

The Higher Labour Court Hamburg (Landesarbeitsgericht, LAG) ruled on May 19, 2015 that a request for very good English skills in a job advertisement is not discriminatory if English is the prevailing communication language in the relevant working field (docket number 5 Sa 79/14). According to the Equal Treatment Act (Gleichbehandlungsgesetz, AGG) as a general …

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Fixed-term employments – a little bit of knowledge is a dangerous thing

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on April 29, 2015 that the conclusion of several consecutive fixed-term employment agreements can be permissible and does not necessarily lead to employment for an indefinite period (docket number 7 AZR 310/13). Under German law, fixed-term employment agreements are only possible to a limited extent. If the mandatory …

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Dynamic reference provisions – does European law strike again?

Depending on the industrial sector, German employment contracts sometimes refer to collective bargaining agreements (Tarifverträge). In this case the provisions of the collective bargaining agreements apply to the employees even if the employer and/or the employee are not members of the respective body. Therefore, the employees can claim eg additional benefits such as a longer …

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Don’t harass – it’s a mess

The Higher Labour Court Hessen (Landesarbeitsgericht Hessen, LAG) ruled on February 21, 2015 that sexual harassment of a close minor relative of a co-worker can justify a summary dismissal (docket number 14 Sa 609/1). In the context of his employment with the defendant the plaintiff was responsible for a culture hall where among others events for …

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Windfall reversed – no remuneration for intern

On 17 October 2014 the Higher Labour Court Hamm (Landesarbeitsgericht Hamm; docket number 1 Sa 664/14) reversed a decision of the Regional Labour Court Bochum, which had ruled that an intern who permanently performs tasks of regular employees should be paid for the work, and decided that the intern was not entitled to any remuneration. …

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The early bird – Challenge to adjustment of company pension must be raised in time

The Federal Labour Court (Bundesarbeitsgericht, BAG; docket number: 3 AZR 690/12) ruled on October 21, 2014 that a company pensioner must claim that the adjustment of his company pension was not correct prior to the next mandatory adjustment date (Anpassungsstichtag) against his (former) employer. Otherwise, his claims forfeit. According to section 16 of the Company …

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Call on for on-call – no mercy for part-time employees

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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Workplace gossip: Untrue allegations can justify dismissal

Untrue defamatory allegations about superiors and colleagues may justify a dismissal, according to the Higher Labour Court of Berlin-Brandenburg (LAG – docket number: 19 Sa 322/ 13). During her employment as an assistant in the finance department of a commune, the plaintiff accused colleagues of heavy drinking and engaging in sexual activities during working hours. …

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Advertising for a young professional could cost you a lot of money…

A job advert aimed at “young professionals” (Berufseinsteiger) could constitute age discrimination according to the Higher Labour Court of Düsseldorf (Landesarbeitsgericht Düsseldorf – docket number: 13 Sa 1198/13). A law firm published a job advert which included the following wording: “You are a young professional or you have already worked for one to two years …

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Company pension scheme – no information, no damages

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on January 21, 2014 (docket number: 3 AZR 807/11) that there is no legal obligation for employers to inform employees about their statutory right to divert parts of their remuneration into a company pension scheme. According to section 1a para 1 of the Company Pension Act (Gesetz zur …

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