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

Mass redundancies: Second dismissal requires second notification of the Federal Labour Office

On 20 January 2016 the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that a notification of the Federal Labour Office (Bundesagentur für Arbeit) in case of a mass dismissal only applies to the concrete dismissals included in the notification. Further and later dismissals require additional notification. It also clarified the process stipulated by the law in …

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No dismissal with the option of altered conditions to offset minimum wage

A dismissal with the option of altered terms and conditions will be invalid if additional payments are taken away to offset the higher hourly base pay required under the Minimum Wage Act (judgment of the Higher Regional Labour Court of Berlin-Brandenburg, Landesarbeitsgericht, LAG, dated 25 September 2015, docket number 8 Sa 677/15). In the case …

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Discriminatory dismissals invalid even in small operations

Following a recent judgment by the Federal Labour Court (Bundesarbeitsgericht, BAG), discriminatory dismissals will also be invalid in small operations in which the strict rules protecting employees against dismissals do not apply (judgment dated 23 July 2015, docket number 6 AZR 457/14). In the case at hand, the plaintiff, an employee, worked in a doctor’s …

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No can do

Using a company credit card for private purposes without express permission from the employer may be grounds for a formal warning or even allow for a conduct-related dismissal (judgment by the Nuremberg Higher Regional Labour Court, Landesarbeitsgericht, LAG; dated February 3, 2015, docket number 7 Sa 394/14). In the case at hand, the employer provided …

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A delayed lawsuit does not always lead to forfeiture

A claim for damages for pain and suffering on grounds of harassment can be forfeited. However, mere inactivity of the claimant will not by itself lead to forfeiture as has recently been decided by the Federal Labour Court (Bundesarbeitsgericht, BAG – judgment dated 11 December 2014, docket number 8 AZR 838/13). The plaintiff, an employee, …

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The person you have called is not available…

According to Sec. 9 para 1 of the Working Time Act, employees are not allowed to work on Sundays and public holidays. However, the law provides for a number of exceptions, for example for employees in emergency and rescue services and hospitals or the public transport sector but also in restaurants, theatres or other leisure …

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A language on its own

German reference letters require special attention to detail, in particular with regard to the appropriate language. As a common understanding about the meaning of certain terms has developed, reference letters contain coded evaluations about the employee’s performance. In a brand new judgment, the Federal Labour Court (Bundesarbeitsgericht, BAG) has ruled that an employer who states …

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Extension of employment contracts after the statutory pension age

Effective 1 July 2014 a new law (sec. 41 sentence 3 of Book 6 of the German Social Code, SGB VI) allows for fixed-term extensions of employment contracts after the employee has reached the statutory pension age. The new provision is part of a series of statutory changes regarding retirement and pensions. If an employment …

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What happens to accumulated vacation entitlements when switching from full to part-time work?

On June 11, 2014 the Higher Labour Court of Lower Saxony (Landesarbeitsgericht – LAG) dealt with the disadvantageous recalculation of unused accrued annual vacation when switching from full-time to part-time work. In accordance with a recent decision by the European Court of Justice (ECJ), the court held that when employees change their working hours from …

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Works council decisions: valid or void when the procedure is faulty?

According to the Works Constitution Act (Betriebsverfassungsgesetz, BetrVG) works council meetings are called by the chairman of the works council. The chairman must draw up the agenda und notify works council members of the meetings in good time and with information about the agenda. Based on previous decisions by the Federal Labour Court (Bundesarbeitsgericht, BAG) …

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