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Miriam Hendrich

Author's details

Name: Miriam Hendrich
Date registered: January 16, 2017

Latest posts

  1. Extraordinary termination due to feigning incapacity for work — January 3, 2018
  2. Allowances for work on Sundays, bank holidays or at night are protected against attachment — September 29, 2017
  3. No codetermination regarding a customer feedback function within a smartphone app — September 22, 2017
  4. Age discrimination within the recruitment process and the burden of proof of justification — May 23, 2017
  5. 40 Euro lump sum compensation in the event of late or incomplete wages — January 26, 2017

Author's posts listings

Extraordinary termination due to feigning incapacity for work

Categories:

Dismissal, Sickness, Termination

January 3, 2018

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On 7 July 2017 the State Labour Court in Cologne (docket number 4 Sa 936/16) decided that a strong suspicion that an incapacity for work is feigned, is sufficient to justify a termination for good cause, in the course of a dismissal on grounds of suspicion, even though a certificate of incapacity exists. In general …

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Allowances for work on Sundays, bank holidays or at night are protected against attachment

Categories:

Remuneration, Working time

September 29, 2017

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On 23 August 2017 the Federal Labour Court ruled (judgment, 10 AZR 859/16) that allowances for work on Sundays, on bank holidays and at night are protected against attachment so far as the amount of such payments is common practice. Whether the extent and amount of such allowances are “common”, which means they are protected …

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No codetermination regarding a customer feedback function within a smartphone app

Categories:

Company Practice, Social networks, Works Council

September 22, 2017

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On 8 June 2017 the Labour Court of Heilbronn decided that a smartphone application, provided and operated by an employer, allowing customers to share their feedback including statements about the performance and the behaviour of certain employees is not a surveillance tool according to § 87 I Nr. 6 BetrVG, if the employer does not …

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Age discrimination within the recruitment process and the burden of proof of justification

Categories:

burden of proof, Discrimination

May 23, 2017

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By judgment of 15 December 2016  (BAG, docket number 8 AZR 454/15), the Federal Labour Court has ruled that the employer bears the burden of proof for justification within the meaning of sec. 3 para 2 half sentence 2 of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) . In the present case, the plaintiff …

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40 Euro lump sum compensation in the event of late or incomplete wages

Categories:

Employment contract, Remuneration

January 26, 2017

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On 22 November 2016, the Labour Court Cologne decided that an employer who pays late or incomplete wages is obliged to pay lump sum compensation in the amount of 40 Euros to the affected employee (Judgement of 22.11.2016 – 12 SA 524/16). In 2011 the European Parliament and the Council of the European Union passed …

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