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Dr. Sascha Morgenroth LL.M.

Author's details

Name: Dr. Sascha Morgenroth LL.M.
Date registered: December 23, 2013

Latest posts

  1. Terminations for breaches of compliance regulations — May 31, 2016
  2. Compliance investigations and the two-week exclusionary period for immediate dismissal for cause — February 5, 2016
  3. Financial compensation entitlement for post-contractual non-compete based on standard saving clause — January 6, 2016
  4. Protection of confidential business secrets – Sharing sensitive company data among works councils of group companies — May 15, 2015
  5. Temporary agency workers cannot be charged with ‘negative’ working hours — March 31, 2015

Author's posts listings

Terminations for breaches of compliance regulations

On 26 February 2016 (docket number: 1 Sa 358/15) the Higher Labour Court (Landesarbeitsgericht, LAG) Rhineland-Palatinate decided that an employer may terminate the employment relationship with an employee who breached company compliance rules provided the employee was served with a warning for a similar violation before. In the present case the court found that the …

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Compliance investigations and the two-week exclusionary period for immediate dismissal for cause

The successful management and timing of compliance investigations requires careful consideration of the statutory two-week exclusionary period for immediate dismissal for cause of employees involved in any compliance violations.   In German law, an immediate dismissal for cause is only valid and legally effective if the competent works council was duly heard and the written dismissal …

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Financial compensation entitlement for post-contractual non-compete based on standard saving clause

In German law, a post-contractual non-competition agreement with an employee is only effective if it provides the employee with appropriate financial compensation. The financial compensation must amount to at least 50% of the previous income. If no such compensation is provided, the post-contractual non-competition clause is, by force of law, invalid.   Nevertheless, the Hamm …

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Protection of confidential business secrets – Sharing sensitive company data among works councils of group companies

Passing on business secrets by employees to third parties may be a criminal offence and therefore potentially justify an immediate dismissal for cause. In a recent ruling the regional labour court (Landesarbeitsgericht, LAG) Schleswig-Holstein decided that sharing sensitive company data among works councils of group companies may not always justify a dismissal (March 4th, 2015; docket …

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Temporary agency workers cannot be charged with ‘negative’ working hours

A temporary employment agency is not allowed to charge an agency worker’s working time account with ‘negative’ hours, whenever the worker is not rented out to a client. The regional labour court Berlin-Brandenburg ruled such action to be a violation of the German Commercial Agency Work Act (Arbeitnehmerüberlassungsgesetz, AÜG). The agency worker’s right to remuneration …

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Comments on applicant CVs might cost you

In a recent case (docket number: 8 AZR 753-13) the federal labour court (Bundesarbeitsgericht, BAG) once again had to decide on a discrimination case concerning the employment application process. The fully-qualified plaintiff applied for a job as a full-time accountant with the defendant. In her CV she declared her civil status to be “married, one …

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Works council election 2014: Election can only be stopped for obvious and gross mistakes

Employers are only allowed to prevent works council elections, if the election is void due to serious and obvious mistakes. In the case at hand, the employer, who runs two facilities with separate work councils, refused to cooperate with the election board prior to the works council election. The two existing works councils planned to …

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Anti-discrimination law: Candidate claims to be brought against employer, not recruiter

The German Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on January 23, 2014 (docket number – 8 AZR 118/13) that claims for compensation concerning moral prejudice due to violation of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) can only be brought against the prospective employer and not the recruitment agency, even if it is not …

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