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Marcus Kamp

Author's details

Name: Marcus Kamp
Date registered: December 23, 2013

Latest posts

  1. Business secret or not? — October 20, 2015
  2. Restrictions on curtailing vacation for parental leave periods — June 15, 2015
  3. Employers must watch out when watching employees — February 20, 2015
  4. Vacation + vacation allowance has to be granted unconditionally — February 19, 2015
  5. Unpaid internship crackdown? — March 29, 2014

Most commented posts

  1. Unpaid internship crackdown? — 1 comment

Author's posts listings

Business secret or not?

According to Sec. 79 German Works Constitution Act (Betriebsverfassungsgesetz), the works council has a duty of confidentiality in respect of all business secrets. However, information about a staff reduction and the related balance of interests cannot per se be regarded as a business secret in the context of this statutory duty of confidentiality. This is …

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Restrictions on curtailing vacation for parental leave periods

The Federal Labor Court (Bundesarbeitsgericht) ruled on 19 May 2015 (docket number: 9 AZR 725/13) that an employer is not allowed to curtail the employees vacation entitlement due to parental leave once the employment relationship has ended. In general, the employer is allowed to curtail the employee’s vacation entitlement for the calendar year by one …

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Employers must watch out when watching employees

The Federal Labour Court (Bundesarbeitsgericht) ruled on February 19, 2015 (docket number: 8 AZR 1007/13) that the covert observation of an employee by a private investigator is illegal in circumstances where the employer has no legitimate reasons for carrying out such an observation. In the case under consideration, the employee was unable to work for …

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Vacation + vacation allowance has to be granted unconditionally

The Federal Labour Court (Bundesarbeitsgericht) ruled on February 10, 2015 (docket number: 9 AZR 455/13) that an employee’s claim for paid vacation can only be fulfilled either if the vacation allowance (Urlaubsgeld) is paid before the first vacation day or if the vacation allowance is promised unconditionally. With this judgement the Federal Labour Court changed …

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Unpaid internship crackdown?

An intern who permanently performs tasks of regular employees should be paid for the work, according to the Regional Labour Court in Bochum (Arbeitsgericht Bochum – docket number: 2 Ca 1482/13).  The case has caused quite a stir in the German press. A large German supermarket chain took on a young woman as an intern …

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No general obligation on employers to disclose warning letters to the works council

There is no general obligation on an employer to provide the works council with issued or planned warning letters, whether in original or anonymized form, according to the Federal Labour Court (Bundesarbeitsgericht, BAG – docket number: 1 ABR 26/12). An employer is only obliged to provide the works council with information and documents necessary to …

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