Michael Magotsch LL.M.

Author's details

Name: Michael Magotsch LL.M.
Date registered: December 23, 2013

Latest posts

  1. No right of the works council to remove a managing director — November 14, 2016
  2. No Second Bosman – Total Relief at Bundesliga — February 18, 2016
  3. Tariff jungle — September 7, 2015
  4. Use of a promotional film after the end of an employment — February 25, 2015
  5. Don’t worry about the correct defendant — September 17, 2014

Author's posts listings

No right of the works council to remove a managing director

The works council has no right to have the company´s managing director removed, the Higher Labour Court Hamm (Landesarbeitsgericht Hamm, docket number 7 TaBV 11/16) ruled on 2 August 2016.   The works council had claimed to remove the managing director of the employer pursuant to sec. 104 of the Works Constitution Act (Betriebsverfassungsgesetz, BetrVG). …

Continue reading »

No Second Bosman – Total Relief at Bundesliga

The Higher Labour Court Rheinland-Pfalz (Landesarbeitsgericht, LAG) ruled on February 17, 2016 (docket number 4 Sa 202/15) that the established practice of employing professional football players on a fixed-term basis does not violate German employment laws. Whereas usually decisions of a Labour Court take only notice at a certain audience, these days such a ruling is …

Continue reading »

Tariff jungle

If two tariff (collective) agreements on wages with different unions are applicable to one business operation, the employer must, generally, classify the employees under both tariff agreements to the applicable salary group, regardless of whether the employees have an individual entitlement under each agreement. Generally, such classification is subject to the co-determination right of the …

Continue reading »

Use of a promotional film after the end of an employment

Can an employer publish a promotional film after an employee, who appears in the film, is no longer employed by the company? The Federal Labour Court (Bundesarbeitsgericht, BAG) decided upon this matter on February 19, 2015 (docket number: 8 AZR 1011/13). The defendant had commissioned the production of a promotional film about its company in …

Continue reading »

Don’t worry about the correct defendant

Even if employees file their dismissal protection claim against the evidently wrong defendant, the claim may nevertheless have to be treated as validly filed against the actual employer according to a judgment of the Federal Labour Court (Bundesarbeitsgericht, BAG) dated February 20, 2014 (docket number: 2 AZR 248/13).   The Federal Labour Court decided that …

Continue reading »

Greater enforcement of posted workers’ rights

The European Parliament intends to strengthen the rights of workers posted temporarily to provide services abroad.  On April 16th 2014 the EU Parliament voted for draft legislation aimed at improving the rules of the 1996 directive on the working conditions of posted workers. In particular, the new law shall avoid the circumvention of employee protection …

Continue reading »

Covert investigations and the risk for employers

A termination was void where the evidence supporting the termination was collected from the employee’s locker without the employee being present. In the case at hand, the employer, who runs cash & carry markets, suspected that one of its employees might have stolen goods. The manager secretly opened the employee’s locker during working time. The …

Continue reading »