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Dr. Thomas Bichat

Author's details

Name: Dr. Thomas Bichat
Date registered: April 22, 2015

Latest posts

  1. Circus artists: Employees or independent contractors? — February 24, 2016
  2. Equal treatment regarding special premium for waiver of an action — February 3, 2016
  3. No exchange of the grounds for dismissal, if this would change the character of the dismissal — October 14, 2015
  4. Obligation in a termination agreement not to bring legal proceedings may be effective — July 6, 2015
  5. Social selection and age: when can dismissals be challenged? — June 8, 2015

Author's posts listings

Circus artists: Employees or independent contractors?

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 11 August 2015 (docket number 9 AZR 98/14) that where an activity agreed by contract may typically be performed in an employment relationship as well as by an independent contractor, the decision of the parties regarding the type of contract has to be considered as part of the necessary overall balance …

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Equal treatment regarding special premium for waiver of an action

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 8 December 2015 (docket number 1 AZR 595/14) that a works agreement on special premium dependent on renunciation of suing for dismissal protection may not exclude employees who are employed otherwise after their dismissal and do not initiate dismissal protection proceedings. The plaintiff is an official (“Beamter“). In case …

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No exchange of the grounds for dismissal, if this would change the character of the dismissal

On 24 June 2015 the Higher Labour Court Düsseldorf (Landesarbeitsgericht Düsseldorf) ruled that it is not possible for an employer to exchange the grounds for dismissal within legal proceedings, if this would cause the dismissal to have an entirely new character (docket number: 7 Sa 1243/14). Unlike the situation where a previously unknown but pre-existing …

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Obligation in a termination agreement not to bring legal proceedings may be effective

The Federal Labor Court ruled on 12 March 2015 (docket no.: 6 AZR 82/14 – Bundesarbeitsgericht, BAG) that a contractual obligation not to bring legal proceedings before a court is effective, if the arrangement is not contrary to a statutory prohibition or public policy. In the case at hand, the parties signed a termination agreement, …

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Social selection and age: when can dismissals be challenged?

In large-scale redundancy exercises for operational reasons the employer may carry out the social selection required by law (sect. 1 para. 3 of the Protection against Dismissal Act – Kündigungsschutzgesetz, KSchG) in such a way that the social selection will be conducted within specific previously identified age groups. In this way, not all employees of …

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