The Düsseldorf Regional Labour Court (Landesarbeitsgericht, LAG) has ruled that a “Corona quarantine” during ongoing leave does not automatically lead to the subsequent granting of leave pursuant to section 9 of the Federal Leave Act (Bundesurlaubsgesetz, BurlG) – LAG Düsseldorf, 7 October 2021, docket number 10 Sa 867/21. 1. Facts The plaintiff was on authorised …
By judgment of 7 October 2021 (docket number: 10 Sa 867/21) the Regional Labour Court Berlin-Brandenburg (Landesarbeitsgericht Berlin-Brandenburg – LAG Berlin-Brandenburg) has rejected the action for protection against dismissal brought by a teacher who refused to comply with the obligation to wear mouth-nose protection 1. Facts In this case, the employment of the claimant teacher …
REFUSAL TO WEAR A FACE MASK CAN JUSTIFY THE DISMISSAL OF A TEACHER Read More »
The Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled on a Corona claim for the first time. By judgement of 13 October 2021 (docket number: 5 AZR 211/21) the Court has ruled that an employer does not bear the risk of loss of work and is not obliged to pay remuneration to employees under the …
Employers are not obliged to pay employees in event of a corona lockdown Read More »
The SARS-Cov-2-Occupational Health and Safety Ordinance ( cf. our blog entry of 23 March 2021 and 22 April 2021 which was due to expire on 10 September 2021 has been amended and extended until 24 November 2021 (“Amended Ordinance”). In recent weeks, public life has slowly opened up in Germany again with a lot of …
Accompanied by demonstrations in Berlin, on 21 April 2021, the German Federal Parliament (Bundestag) has passed further legislation as a measure against rising infection numbers. The draft of the legislative act, commonly referred to as the Fourth Act on the Protection Of The Population (“Viertes Bevölkerungsschutzgesetz”, Act), includes regulations for both the private as well …
Not in my House – yet another update on German Covid-19 legislation Read More »
The ongoing quest to combat and prevent the further spread of the SARS-CoV-2 virus is currently impaired by the emergence and propagation of more dangerous virus variants. The Federal Ministry of Labor and Social Affairs (Ministry) has identified frequent testing in occupational environments as a means to prevent the spread of the virus earlier and …
The German administration no longer plans to implement “days of rest” over the Easter Break. The proposal was withdrawn shortly after it was announced due to legal and factual problems relating to the implementation of such days of rest. Chancellor Angela Merkel apologized to the German public for the confusion caused by the announcement. Both …
The joint video conference of chancellor Angela Merkel and the ministers for the German states resulted in a resolution (“Resolution”) which, at least in part, will need to be implemented by further legislative action at both state and federal level. For employers, the following issues are of relevance: May I open my business and have …
The Covid-19 Resolution of 22 March 2021 and its implications for employers Read More »
In light of the continuously tense situation in the health care system due to the Covid-19 pandemic and steadily high infection figures, the Federal Ministry of Labor and Social Affairs has issued an ordinance on occupational health and safety (“SARS-CoV-2 Arbeitsschutzverordnung“, SARS-CoV-2 Occupational Health and Safety Ordinance) which will become effective on 27 January 2021. …
SARS-CoV-2 Occupational Health and Safety Ordinance Read More »
In light of current Covid-19 developments, restrictions on travel to Germany are constantly changing. If the traveller is not able to produce the required documentation, there is a risk that either the airline or the border authority of the Schengen State of first entry, or the German Federal Police, may deny entry to Germany. In …
The new Corona Warning App launched in Germany on Tuesday June 16th , 2020 and had already been downloaded nearly 6,5 million times as of the next morning. How does the App work? According to the information released by the German government, the app uses Bluetooth technology to measure the distance and duration of encounters …
The new Corona Warning App and its legal implications for employment law Read More »
The CDU/CSU and SPD parliamentary groups have introduced a new package of laws into the German Bundestag containing important labour and social regulations, which will be passed in the near future. This package again contains numerous changes in labour and social law. Further measures are to be taken to cushion the economic and social hardships …
Planned Novelties in Employment and Social Law through German “Social Pact II” Read More »
At the moment, hearings at the labour and social courts are largely suspended. This is problematic in so far as it mostly concerns existential questions such as the existence of an employment relationship or a claim for wage payment as well as collective issues. These questions require a quick decision. Particularly in proceedings for protection …
New legislation during the pandemic: Online court hearings at labour and social courts Read More »
Whereas it has previously been necessary to fall back on general principles when planning occupational health and safety measures, Federal Minister of Labour, Mr Heil has now specified these in more detail on 16 April 2020 and has thus established guidelines for (physical) cooperation. The requirements set out here must already be complied with by …
Which measures for occupational health and safety are required in the current situation? Read More »
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