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Till Basfeld

Author's details

Name: Till Basfeld
Date registered: February 29, 2016

Latest posts

  1. Act of defiance or effective waiver of rights? — March 22, 2018
  2. Peak performances of professional soccer player up to retirement not to be expected — March 14, 2018
  3. Minimum wage also applies to public holidays and night work premiums — November 30, 2017
  4. Suspicion of pretended sickness and activities for a competing company generally justified surveillance by a detective and immediate termination for cause — November 13, 2017
  5. Saturday-Sunday-LLC — November 24, 2016

Author's posts listings

Act of defiance or effective waiver of rights?

Due to the compulsory compensation payments, post-contractual non-competes are only common in Germany with regard to key employees with significant knowledge of the employer’s business or close client relationships. However, they are quite often the subject matter of legal disputes. Just recently the Federal Labour Court (Bundesarbeitsgericht, BAG) has ruled on the question of the …

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Peak performances of professional soccer player up to retirement not to be expected

In February 2016 we reported on a ruling of the Higher Labour Court Rheinland-Pfalz (Landesarbeitsgericht, LAG) in regard to a case of a goalkeeper who sued his former Bundesliga soccer club for unlimited employment and payment of missed bonuses (https://blogs.dlapiper.com/employmentgermany/2016/02/18/no-second-bosman-total-relief-at-bundesliga/). Almost two years later, the Federal Labour Court (Bundesarbeitsgericht, BAG) has now confirmed on 16 …

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Minimum wage also applies to public holidays and night work premiums

Remuneration on public holidays, as well as night work premiums, which are based on the actual hourly earnings must be calculated at least on the basis of the minimum wage. This is the result of a new judgment by the Federal Labour Court dated 20 September 2017 (docket number 10 AZR 171/16). In the case at hand, the …

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Suspicion of pretended sickness and activities for a competing company generally justified surveillance by a detective and immediate termination for cause

A new judgment of the Federal Labour Court (dated 29.6.2017, docket number 2 AZR 597/16) supports previous judgments concerning termination based on suspicion of breach of duties and furthermore sheds  light on the permissibility of carrying out surveillance on employees through a detective to clarify such suspicions. In the case at hand the employee and …

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Saturday-Sunday-LLC

The Higher Labour Court of Hamm (Landesarbeitsgericht Hamm, docket number 13 TaBVGa 8/16) decided on 24 October 2016 that the works council cannot prevent the employer from flying in weekend shifts from its Portuguese operation without the approval of the works council. In this case – currently only available as a press release – the …

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Unemployment benefits despite existing employment relationship

Even without being formally unemployed, an employee might be entitled to unemployment benefits (Arbeitslosengeld I) in the event of factual unemployment, the Social Court Dortmund (Sozialgericht, SG) decided in a recent ruling on 10 October 2016 (docket number: S 31 AL 84/16). The plaintiff, a judicial clerk who was employed at a local court (Amtsgericht, …

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Extension of fixed-term employment contracts

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 26 October 2016 (docket number: 7 AZR 140/15) that a collective bargaining agreement (Tarifvertrag) which allows the extension of fixed-term employment without cause (sachgrundlose Befristung) for a maximum period of five years is effective.   In this case the plaintiff was employed by the defendant, a company …

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EU Council adopted Trade-Secret-Directive

The Trade-Secret-Directive was a long time in the making. On 27 May 2016 the EU Council unanimously adopted the Directive on “Trade Secrets”. The Directive’s aim is to protect organisations within EU member states from misappropriation of “trade secrets” and also seeks to harmonize the diverging national laws of the Member States. What is a …

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No right to have a lawyer present when consulting personnel file

On 12 July 2016 (docket number 9 AZR 791/14) the Federal Labour Court (Bundesarbeitsgericht, BAG) decided that an employee generally has no right to have a lawyer present when consulting his personnel file (Personalakte). In the case at hand, the plaintiff received an informal warning (Ermahnung). To prepare possible legal action against it, the plaintiff’s …

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Legal consequence of concealed agency work (verdeckte Arbeitnehmerüberlassung)

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 12 July 2016 (docket number 9 AZR 352/15): If the employer as agency (Verleiher) has the appropriate commercial agency work permit according to the Regulating Commercial Agency Work Act (Arbeitnehmerüberlassungsgesetz, AÜG) to contract out agency workers (Leiharbeitnehmer) to clients (Entleiher) in the context of its economic activity, …

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