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Volker von Alvensleben

Author's details

Name: Volker von Alvensleben
Date registered: December 23, 2013

Latest posts

  1. Notices of termination may not be signed before mass dismissal notification has been submitted — December 12, 2018
  2. Limitation of the extension of an employment relationship beyond the statutory age limit is permissible — April 5, 2018
  3. Competencies of Labour Courts for Managing Director Service Contracts — December 7, 2017
  4. Employee’s request for fixed-term employment narrowly interpreted — August 10, 2017
  5. Non-compete clauses – No Compensation for Abstention – Severability Clause — April 4, 2017

Author's posts listings

Notices of termination may not be signed before mass dismissal notification has been submitted

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Dismissal, Site closure, Termination, Works Council

December 12, 2018

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With its judgment dated 21 August 2018, the Higher Regional Labour Court of Baden-Wurttemberg (Landesarbeitsgericht Baden-Württemberg) decided that the dismissal of an employee as part of a mass redundancy is invalid if the notice of termination is signed prior to receipt of the mass dismissal notification to the authority. The time of the receipt of …

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Limitation of the extension of an employment relationship beyond the statutory age limit is permissible

Categories:

Discrimination, Fixed-term employment

April 5, 2018

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The European Court of Justice has ruled that the limitation of the extension of an employment relationship beyond the statutory age limit is permissible and does not constitutes an abuse of fixed-term employment contracts. The case: A teacher in Bremen had reached the statutory retirement age and, according to the applicable collective bargaining agreement, the …

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Competencies of Labour Courts for Managing Director Service Contracts

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Managing Director

December 7, 2017

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The regional labour court of Cologne held in an order of 6 October 2017 (docket number 9 Ta 151/17) that the labour court is not competent to hear claims of managing directors, if there are no special circumstances that account for an employment relationship being established. The parties concluded a managing director service contract on …

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Employee’s request for fixed-term employment narrowly interpreted

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Fixed-term employment, Pension, Standard contractual terms and conditions of employment

August 10, 2017

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Entering into a valid fixed-term contract can be a bit of a challenge under German law. Under the Fixed Term and Part-Time Employment Act (TzBfG), one of the reasons which may be used to justify a fixed-term contract is that there are reasons relating to the circumstances of the particular employee. A recent case decided …

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Non-compete clauses – No Compensation for Abstention – Severability Clause

Categories:

Employment contract, Post-contractual non-compete

April 4, 2017

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Non-compete provisions valid for the period after an employment relationship has ended are invalid unless the agreement provides for a compensation payment of 50% of the employee’s former salary during the entire duration of the post-contractual non-compete obligation. This decision by the German Federal Employment Court (docket no. 10 AZR 448/15, dated March 22, 2017) …

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Dismissal of Severely Disabled Employees Only Valid After Participation of Representatives

Categories:

Disability, Termination

January 11, 2017

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Employees who suffer from a severe disability may no longer have their employment contracts terminated by their employer unless such dismissal proposal saw participation by the Severely Disabled Employees Council. This strengthening of the rights of severely disabled employees became valid on 30 December 2016, as the German Social Security Code IX (SGB IX) saw …

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Co-determination of the works council concerning Facebook presence of the employer

Categories:

Works Council

December 21, 2016

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The Federal Labor Court (Bundesarbeitsgericht, BAG) decided on 13 December 2016 (docket number: 1 ABR 7/15) that the works council has a right of co-determination if an employer launches a Facebook page and allows Facebook users to publish posts on his Facebook page which refer to the behavior or performance of individual employees. The employer …

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Can someone be dismissed for wearing an Islamic head scarf?

Categories:

Discrimination, Dismissal, Termination

August 15, 2016

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According to an Advocate General’s opinion to the European Court of Justice (dated 13 July 2016, C-188/15 Bougnaoui and ADDH v. Microple SA) a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination. Ms Bougnaoui is a Muslim woman who was employed as a design …

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Direct discrimination on grounds of transsexualism shall constitute discrimination within the meaning of section 1 of the General Equal Treatment Act (Allgemeiner Gleichbehandlungsgrundsatz – AGG)

Categories:

Discrimination

June 21, 2016

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Transsexuality as such does not belong to the characteristics which are listed in the General Equal Treatment Act (AGG), to which the prohibition on discrimination applies. However, the Federal Labour Court (Bundesarbeitsgericht) decided on 17 December 2015 (docket number: 8 AZR 421/14) that transsexuality can fall within the scope of the listed characteristic of “gender” …

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A company’s early retirement scheme does not constitute discrimination under the Equal Treatment Act

Categories:

Benefits, Discrimination, Pension

April 27, 2016

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The Federal Labour Court (BAG) ruled in March (docket no.: 8 AZR 677/14) that a company’s early retirement pension scheme does not violate the German Equal Treatment Act if the employee is free in his decision to accept the offer. In this case the employer offered within early retirement scheme which provided that the employee …

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