Thomas Olbrich

Requirements of offering of job performance, relationship to reintegration relationship

By Thomas Olbrich / 6 June 2018 11 June 2019 / Remuneration, Sickness

On 6 December 2017 the Federal Labor Court (docket number 5 AZR 815/16) decided an employee has to offer his job performance in accordance with the contract of employment, in order to claim remuneration for default of acceptance. It is not sufficient to offer an activity within a reintegration relationship according to sec. 74 Social Security Statute Book V (Sozialgesetzbuch V, SGB V), since the reintegration relationship is a contractual relationship sui generis, which is not part of the employment relationship. In contrast to the employment relationship, the reintegration relationship is not characterized by an exchange of performance and consideration, …

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Demonstrating readiness to work every three minutes is unreasonable

By Thomas Olbrich / 22 September 2017 11 June 2019 / Data Protection, Minimum Wage, Remuneration, Working time

On 10 August 2017 the Labour Court of Berlin stated that it is unreasonable to require a taxi driver to press a button at short intervals of time in order to control the employee’s readiness to work (judgement of the Berlin Labour Court dated 10 August 2017, docket number 41 Ca 12115/16). The employee works as a taxi driver for a taxi company. During those periods of time when he was not driving the taxi but waiting for the next fare, he was instructed by his employer to press a button every three minutes after the occurrence of a certain …

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Employment Germany

Thomas Olbrich