Employee Leasing: Deviation from Equal Pay

According to a judgement of the Federal Labour Court employers (agency) who lease employees (agency workers) to a third party (client) can deviate from the principle of equal treatment (“Equal Pay”) by virtue of a reference clause in the contract of employment only if, for the period of the lease, the relevant collective bargaining agreement …

Employee Leasing: Deviation from Equal Pay Read More »

Time Recording Systems Jumpstarted by the Works Council?

In an earlier ruling this year, the European Court of Justice held that European member states must require employers to introduce systems for recording the working time of their employees. However, since there is no German law stipulating time recording( with the exception of overtime recording duties) yet, typically it is up to the employer …

Time Recording Systems Jumpstarted by the Works Council? Read More »

A cycling accident with fatal consequnces – Regional Labour Court rules over injury and dismissal

The problem Around 20% of all dismissals of employees are subject to legal action. Therefore it is reasonable that employers want to make sure that dismissals are legally sound. One of the most important points in such lawsuits is whether the letter of notice has reached the employee, since the employer must not only prove …

A cycling accident with fatal consequnces – Regional Labour Court rules over injury and dismissal Read More »

(Not) nice seeing you again? Federal Labour Court decides on fixed-term employment

The problem In the year 2018 8,3 % of all German employees worked on the basis of a fixed term employment contract. Various rules apply to this kind of employment and breaching one of them often leads to the employment contract being indefinite. One of the most important rules is the time limit on fixed-term …

(Not) nice seeing you again? Federal Labour Court decides on fixed-term employment Read More »

Parental leave and vacation entitlement – a complex matter for employers

The problem Vacation entitlements – a matter that has undergone so many changes lately that the author can no longer even think of a suitable introduction. However this article focuses on a recent decision of the Federal Labour Court (19 March 2019, docket number: 9 AZR 495/17) in which the court explained the connections between …

Parental leave and vacation entitlement – a complex matter for employers Read More »

New German law shall prevent crisis in labour market

For years, the German labour market prospered, mass unemployment was not at all a problem, in fact it was difficult to find qualified employees. However, the times of sustained growth may soon be over. The ifo business climate index has been decreasing for the last couple of months and the German economy shrank slightly in …

New German law shall prevent crisis in labour market Read More »

Federal Labour Court specifies requirements for termination of employment due to insufficient fitness

1. The Problem There are many jobs that require excellent mental or physical fitness. If this fitness is no longer maintained, the question often arises as to whether the employment relationship can still be maintained. This was also the problem in a case decided by the Federal Labour Court (docket number: 7 AZR 292/17) on …

Federal Labour Court specifies requirements for termination of employment due to insufficient fitness Read More »

The hazards when working from home

As more and more employees enjoy home office options, litigation with regard to work accidents suffered when working from home has also become more relevant. While statutory accident insurance coverage is triggered when working from home, this does not extend to non-work-related activities. In a recent judgment, the Munich social court held that an employee …

The hazards when working from home Read More »

Works Council’s right to know about work accidents also extends to external staff

According to a judgment by the Federal Labour Court, the works council may request information about work accidents suffered by individuals who are employed by an external party, if these works accidents were suffered in connection with the operational infrastructure (judgment dated 12 March 2019, docket number 1 ABR 48/17). The company, a delivery service …

Works Council’s right to know about work accidents also extends to external staff Read More »

Change in Work Constitution Act to Increase Employee Representation

Following a legislative reform earlier this year, flight crews’ rights to obtain employee representation through a works council have been improved. While employees from (almost) all fields of work can choose to elect a works council, sec. 117 of the Works Constitution Act formerly provided for an exemption for flight crews. Flight crews were only …

Change in Work Constitution Act to Increase Employee Representation Read More »

Overtime compensation – are 9 days vacation enough?

The problem Over time, a complex matter often leads to disputes, sometimes even trials between employers and employees. The question whether employers may arrange overtime, but also how to reimburse it is one such highly controversial issue. On June, 26 2019 (docket number: 5 AZR 452/18) the Federal Labour Court (BAG) had to decide whether …

Overtime compensation – are 9 days vacation enough? Read More »

The end of special rights for the church?

The problem Equal treatment is not only becoming more and more important since #metoo a few years ago, but has influenced the European Union for nearly 20 years. On June 2000 the Council Directive 2000/43/ implemented the principle of equal treatment between persons irrespective of racial or ethnic origin into European Law. Since then more …

The end of special rights for the church? Read More »

Mass dismissal: Employer has to notify the Employment Agency prior to the delivery of the termination notice to the individual employees

On 13 June 2019, the Federal Labour Court (docket number 6 AZR 459/18) ruled that a mass dismissal notification can be effectively filed even if the employer has already taken the decision to terminate the employment relationships at the time of its receipt by the Employment Agency. In the event of mass dismissals and subject to …

Mass dismissal: Employer has to notify the Employment Agency prior to the delivery of the termination notice to the individual employees Read More »

NEW CHALLENGES FOR VACATION ENTITLEMENT

1. The problem German vacation law has changed considerably in recent years. The most current question to be decided by both the Federal Labour Court (Bundesarbeitsgericht, BAG) and the European Court of Justice (ECJ) concerned the expiration of vacation entitlements. German law (Sec. 7 para. 3 German Vacation Act, BUrlG) provides that the outstanding vacation …

NEW CHALLENGES FOR VACATION ENTITLEMENT Read More »