The new Minimum Wage Act (Mindestlohngesetz (MiLoG)) raises a number of questions including how to deal with lost working time due to public holidays, sick leave or annual leave. Does the employer need to pay the statutory minimum wage for such non-working time? It may take a while until the Federal Labour Court clarifies these …
Is an employee eligible for continued payment of remuneration when unable to work, when the inability to work arises from alcoholism? Generally, the German Continuation Payment of Salary Act (Entgeltfortzahlungsgesetz, EFZG) provides for continued payment of salary for a certain period if the employee is not able to work without fault, eg in case …
According to the Federal Labour Court (Bundesarbeitsgericht – docket number: 10 AZR 453/13) the employer is entitled to limit the scope of a collective obligation (Gesamtzusage) at any time, even where it already applied to the workforce, due to the conditions of its initial declaration. If the employer declares to the staff that the company …
Taking pictures in public of an employee who is supposedly sick violates the employee’s general right of personality (Allgemeines Persönlichkeitsrecht, APR). However this violation can be justified by the employer’s interests. In the case at hand (docket number: 10 SaGa 3/13), the plaintiff was absent on sick leave when his immediate supervisor coincidentally ran into …
On 1 January 2015, changes to the German Care Act (Pflegezeitgesetz, PflegeZG) and the German Family Care Act (Familienpflegezeitgesetz, FamPflG) will come into force. The new regulations aim to reconcile family care duties and work. Under the revised law, employees are entitled to work part-time in order to be able to care for sick relatives. …
Accidents during a holiday party at work may qualify as work accidents and thus be covered by statutory social accident insurance. However, this will be only be the case if the holiday party is in fact considered a work event and organised by the employer. Following a judgment by the German Federal Social Court (Bundessozialgericht, …
According to the jurisdiction of the German Federal Labour Court (Bundesarbeitsgericht, BAG) many short-term sickness absences may justify the ordinary termination of an employment contract (judgment dated November 10, 2005, docket number: 2 AZR 44/05). However, what happens if an ordinary termination is excluded because of collective labour agreements? May the employer then issue an …
The Local Labour Court (Arbeitsgericht, ArbG) Darmstadt has rejected a disability discrimination lawsuit against a health promotion company (judgment dated June 12, 2014, docket number 6 Ca 188/14). The plaintiff, a female applicant, had sued the company for 30,000 EUR in damages under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). The applicant is 1.7 …
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