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Dr. Henriette Norda LL.M.

Author's details

Name: Dr. Henriette Norda LL.M.
Date registered: October 21, 2013

Latest posts

  1. Micro vacation – a gigantic problem? — May 24, 2019
  2. German Regional Labor Court rules: Employer’s evidence of employee‘s breach of contractual duties admissible even though employer has violated data protection law when obtaining it LAG Baden-Wuerttemberg, ruling dated 6 June 2018 – 21 Sa 48/17 Appeal filed with the Federal Labour Court (Bundesarbeitsgericht), docket no. 2 AZR 426/18 — May 7, 2019
  3. Works Council has Right of Co-Determination Concerning Employer’s Twitter Account — February 26, 2019
  4. ECJ Advocate General: Companies are obligated to record daily and weekly working hours — February 13, 2019
  5. Entitlement to overtime premiums regarding part-time employment — January 12, 2019

Author's posts listings

Micro vacation – a gigantic problem?

On March, 6 2019 the State Labour Court Baden Wurttemberg (docket number 4 Sa 73/18) decided that half day vacation does not fulfil the legal requirements where employees don’t have an entitlement to request such micro vacation. In the case at issue, the plaintiff filed legal cause against his employer demanding his right to be …

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German Regional Labor Court rules: Employer’s evidence of employee‘s breach of contractual duties admissible even though employer has violated data protection law when obtaining it LAG Baden-Wuerttemberg, ruling dated 6 June 2018 – 21 Sa 48/17 Appeal filed with the Federal Labour Court (Bundesarbeitsgericht), docket no. 2 AZR 426/18

With its judgment dated 6 June 2018 (docket number 21 Sa 48/17), the Higher Regional Labor Court of Baden-Wurttemberg (Landesarbeitsgericht Baden-Württemberg) found that an employer may use evidence proving an employee’s breach of a contractual duty against the employee, even though the evidence had only been accidentally discovered during a search of the employee’s IT-equipment. …

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Works Council has Right of Co-Determination Concerning Employer’s Twitter Account

On September 13, 2018 the State Labour Court Hamburg (docket number 2 TaBV 5/18) ruled that works councils have a right of co-determination concerning the employer’s Twitter account in accordance with Sec. 87 Para. 1 No. 6 Works Constitution Act as Twitter is a technical device designed to monitor the behaviour or performance of the …

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ECJ Advocate General: Companies are obligated to record daily and weekly working hours

The advocate general of the European Court of Justice is of the opinion that the member states have to pass a law which obliges companies to record the daily and weekly working hours of their fulltime employees, who are not contractually obligated to work overtime hours and who are not mobile employees, employees of the …

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Entitlement to overtime premiums regarding part-time employment

According to a judgment of the Federal Labour Court (Bundesarbeitsgericht, BAG) dated 19 December 2018 (docket number 10 AZR 231/18), part-time employees can be entitled to the payment of overtime premiums with regard to working hours that go past the agreed part-time hours but do not exceed the working hours of full-time employment. In the …

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Imminent invalidity of limitation periods

In a Judgment dated 18 September 2018 the Federal Labour Court ruled that limitation periods, which do not exclude a claim for the Minimum Wage (Mindestlohn) according to the Minimum Wage Act (Mindestlohngesetz), are invalid. This results in the ineffectiveness of thousands of limitation periods in employment contracts. In Germany, limitation periods within which a …

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Return from part-time to full time employment – new legislative initiative planned to become effective in 2019

Not long ago, the former German government failed to implement a right to return from part-time to full-time employment for employees. In May 2017, former German Secretary of Employment, Andrea Nahles, had to admit that her party’s plan to strengthen employee rights had not been implemented. Just recently, the tide has turned: After the new …

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No general participation right for representative of severely disabled people for warning notices

The Higher Regional Labour Court of Baden-Württemberg decided on 7 April, 2017 (docket number 7 TaBV 1/17) that the representative of severely disabled people has no right to be generally involved before a warning notice is issued to a disabled person. The representative of severely disabled people requested the determination of a general right to …

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Forfeiture clause was valid to prevent employee’s claim despite not excluding minimum wage entitlement

In a judgement of 9 May 2017 (docket number 7 Sa 560/16 ) the regional labour court of Nurnberg held that a forfeiture clause which did not exclude entitlement to minimum remuneration was not invalid. The forfeiture clause simply did not apply to claims for minimum remuneration. The parties had entered into an employment contract …

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Employer May Ban Employees From Wearing Headscarves

In a recent ruling made on March 14, 2017, the European Court of Justice (ECJ) decided (docket nos. C-157/15, C-188/15) that employers may prohibit staff from wearing Islamic headscarves under certain circumstances. The ECJ held that such prohibitions do not constitute “direct discrimination”; instead, limits on visible religious wear shall be considered permitted under EU …

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