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Hanna Goedecke LL.M.

Author's details

Name: Hanna Goedecke LL.M.
Date registered: January 17, 2014

Latest posts

  1. Al Capone freaked out – and suddenly carnival had become a serious matter… — January 19, 2016
  2. Good news for company lawyers — January 7, 2016
  3. The journey is the reward… — September 23, 2015
  4. No need for back pay – if employment was established with retroactive effect — September 8, 2015
  5. Minimum wage even for non-working time – a signal from the German Federal Labour Court — May 20, 2015

Author's posts listings

Al Capone freaked out – and suddenly carnival had become a serious matter…

Carnival is about to take place in two weeks. Therefore, a recent decision of the Higher Labour Court Düsseldorf (Landesarbeitsgericht, LAG) of 22 December 2015 (docket number 13 Sa 957/15) might be of interest in respect of the numerous upcoming corporate Carnival events. In the case at hand the parties argued about the validity of …

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Good news for company lawyers

On 1 January 2016, the law on reforming the rights of company lawyers (Syndikusrechtsanwälte) came into force. The reform will enable company lawyers to remain in the lawyer’s occupational pension insurance (Versorgungswerk), ie entitle them to be exempted from the statutory pension scheme. By this law, the legislator has corrected the decision of the Federal …

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The journey is the reward…

On 10 September 2015 (docket number: C-266/14), the European Court of Justice (CJEU) ruled that all travel time for employees with no fixed base constitutes working time within the meaning of the EU Working Time Directive 2003/88/EC. The dispute in the main proceedings concerned Tyco, which carries out a business that involves installing and maintaining …

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No need for back pay – if employment was established with retroactive effect

On 19 August 2015, the Federal Labour Court (Bundesarbeitsgericht) ruled that employees are not entitled to back pay if the employment relationship was established with retroactive effect (docket number 5 AZR 975/13). The plaintiff was the defendant’s employee until 1986 when her employment contract was transferred to the newly established C-GmbH as part of a …

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Minimum wage even for non-working time – a signal from the German Federal Labour Court

The new Minimum Wage Act (Mindestlohngesetz (MiLoG)) raises a number of questions including how to deal with lost working time due to public holidays, sick leave or annual leave. Does the employer need to pay the statutory minimum wage for such non-working time? It may take a while until the Federal Labour Court clarifies these …

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Temporary workers stay temporary workers

 The German Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on June 3, 2014 (docket number 9 AZR 111/13) that the coalition government’s plan to adjust the German Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, AÜG) does not authorise the courts to deviate from current statutory law. The court rather confirmed its recent jurisdiction according to which a permanent leasing …

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Posting patient photos on Facebook: Cause for Termination?

According to a ruling of the Higher Labour Court (Landesarbeitsgericht, LAG) Berlin-Brandenburg (April 11, 2014 – 17 Sa 2200/13), unauthorized publishing of patient photos, in particular on social networks, can justify a termination of an employment relationship for good cause, since it violates patients’ personal rights and confidentiality obligations. However, in the case at hand …

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Need a permanent employee? Don’t hire a temp.

The Regional Labour Court (Landesarbeitsgericht, LAG) of Schleswig-Holstein ruled on January 8, 2014 (docket number – 3 TaBV 43/13) that a temporary agency worker must not be used to meet a permanent demand for employment. In this case, the employer, a large subsidiary of a global healthcare group, needed a permanent assistant in a team comprising …

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