Pascal Kremp LL.M.

The sweet sorrow of parting – 3 year long termination notice period puts employee at disadvantage

German employment law allows the parties to an employment contract to agree a specific notice period in derogation from the statutory standard period as set out in § 622 para. 1 German Civil Code (Bürgerliches Gesetzbuch, BGB), as long as the notice period for an employee does not exceed the notice period for the employer. However, the German Federal Labour Court (Bundesarbeitsgericht, BAG) recently ruled (26 October 2017; docket number: 6 AZR 158/16) that significantly extending the termination notice period …

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Act on Uniformity of Collective Agreements (Tarifeinheitsgesetz) in most parts compatible with the German Constitution (Grundgesetz, GG)

The constitutionality of the Act on Uniformity of Collective Agreements has been a widely debated issue since it came into force in July 2015. Just recently – on 11 July 2017 – the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) confirmed that the provisions of this Act are compatible with the German Constitution for the most part (docket-numbers: 1 BvR 1571/15, 1 BvR 1477/16, 1 BvR 1043/16, 1 BvR 2883/15, 1 BvR 1588/15). The Act prescribes …

Act on Uniformity of Collective Agreements (Tarifeinheitsgesetz) in most parts compatible with the German Constitution (Grundgesetz, GG) Read More »

Sick is sick

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 2 November 2016 (docket number: 10 AZR 596/15) that an employee who is incapable of work for health reasons does not need to come into the office for a personnel meeting requested by the employer. In this case the employer called the sick employee into the office twice for meetings to talk about future potential for employment after the period of illness. The employee refused both times, referring …

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