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Kathrin Schlote

Author's details

Name: Kathrin Schlote
Date registered: December 23, 2013

Latest posts

  1. Cut-off periods may not limit employees’ claims if the employer neglects to give employees relevant information — September 27, 2016
  2. Dissolution of the works council only in case of a collective breach of duties — May 30, 2016
  3. Think hard before making any special payments…. — September 29, 2015
  4. I wish I had a fixed-term contract… — May 8, 2015
  5. Alcoholism – the employee’s fault? — March 19, 2015

Author's posts listings

Cut-off periods may not limit employees’ claims if the employer neglects to give employees relevant information

The expiry of a limitation period does not necessarily result in the forfeiture of claims if the employer neglects to inform the employee about circumstances which would have led to him making claims within the cut-off period, the State Labour Court of Düsseldorf (Landesarbeitsgericht Düsseldorf, docket number 10 Sa 1033/15) ruled on April 29, 2016. …

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Dissolution of the works council only in case of a collective breach of duties

On 4 February 2016 (docket number: 10 TaBV 2078/15) the Higher Labour Court Berlin-Brandenburg (Landesarbeitsgericht, LAG) ruled that where only individual works council members breach their legal duties, the works council will not be dissolved as a whole. In the case at hand, the parties were in dispute over the dissolution of the works council …

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Think hard before making any special payments….

Employers should think hard before they pay out an annual bonus to their employees – as this may result in an actual ongoing entitlement for employees. According to a ruling of the German Federal Labour Court (Bundesarbeitsgericht, BAG), dated May 13, 2015 (docket number: 10 AZR 266/14) this generally also applies if the employer has …

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I wish I had a fixed-term contract…

The conversion of an unlimited-term employment relationship to a fixed-term contract can be justified for an objective reason if it is the employee’s own wish to be employed under such a fixed-term contract according to a ruling of the Higher Regional Labour Court Baden-Wurttemberg (Landesarbeitsgericht, LAG) dated March, 4, 2015 (docket number 2 Sa 31/14). …

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Alcoholism – the employee’s fault?

  Is an employee eligible for continued payment of remuneration when unable to work, when the inability to work arises from alcoholism? Generally, the German Continuation Payment of Salary Act (Entgeltfortzahlungsgesetz, EFZG) provides for continued payment of salary for a certain period if the employee is not able to work without fault, eg in case …

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The perils of works agreements: Employment contract with the company despite licensed supplier in the case of fake framework service contracts

When companies lease out workers on the basis of work or service contracts (Werk- oder Dienstverträge), they often also hold a license to supply agency workers in terms of sec. 1 I 1 of the German Act on Regulating Commercial Agency Work (Arbeitnehmerüberlassungsgesetz, AÜG) in order to avoid the establishment of an employment relationship between …

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Several business transfers – can employees get back to a former employer by ways of objection?

 When there is a transfer of business (Betriebsübergang), the employment relationships of the affected employees transfer by law from the previous employer to the purchaser. The employees can object to the transfer of their employment relationships either vis-a-vis the previous employer or the new business owner during a one month period upon receiving sufficient information …

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Impact of the financial crisis on company pensions

The impact of the financial crisis may mean that companies do not have to adjust their pension benefits, as the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on April 15, 2014 (docket number: 3 AZR 51/12). The Court ruled that the Defendant, one of Germany’s largest banks, does not have to adjust its company pension because …

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Work certificates: Small change, big benefits

Until recently, on termination of employment, an employer was obliged to provide the departing employee with a work certificate (Arbeitsbescheinigung) to be presented to the employment agency. As work certificates are lengthy and can take some time to complete, this can create a major administrative burden for employers – which is often unnecessary as many …

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