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  • 09/26/2023
Labor Law Law

Termination without notice due to statement in private WhatsApp group

An employee who makes strongly insulting, racist, sexist and violent comments about superiors and other colleagues in a private chat group can only invoke a justified expectation of confidentiality against extraordinary …

  • 09/04/2023
Labor Law Law

German Bureaucracy Reduction Act is to eliminate “bureaucracy burnout” also in labor law

The coalition agreement already stipulated the parties’ intention to introduce a new bureaucracy reduction act. The cabinet’s closed meeting in Meseberg marked the “kickoff for a turnaround in bureaucracy”, as announced by …

  • 08/25/2023
Labor Law Law

Determining the comparative remuneration of released works council members: LAG decides that the works council …

In its decision of May 26, 2023 (12 TaBV 1/23), the Baden-Württemberg Regional Labor Court (“LAG”) ruled that the determination of the comparative remuneration for a released works council member does not constitute a grading …

  • 08/09/2023
Labor Law Law

Uniform case of prevention in case of continuous illness? Reginal Labour Court (LAG) rules in favour of …

When are employees entitled to continued remuneration and when is there a uniform case of prevention in the case of successive periods of illness? The Higher Labour Court of Berlin-Brandenburg (LAG Berlin-Brandenburg) has …

  • 07/27/2023
  • Gabriele Heise
Law Labor Law

Compulsory pension insurance of a German GmbH’s working shareholders – from “power to prevent” to “power to …

In recent years, the German Federal Social Court (“BSG”) has already increasingly subjected shareholder-managing directors and working shareholders to compulsory pension and unemployment insurance through its case law. A …

  • 07/13/2023
Labor Law Law

ECJ: Certain violations prior to collective redundancies do not grant individual protection

ECJ decision on collective redundancies: Failure to transfer a copy of the works council notification to the employment agency does not grant individual protection. So far, this is good news for employers. The more …

  • 07/13/2023
  • Ralf Pelz
Labor Law Law

Overt video surveillance footage constitutes admissible evidence

In its decision of June 29, 2023, the German Federal Labor Court (“BAG”) ruled that video footage of employees in the workplace can be used as evidence.

  • 07/04/2023
  • Gabriele Heise
Labor Law Law

No temporary work: landmark ECJ ruling on permanent staff provision

The European Court of Justice (ECJ) has passed a landmark decision that lets public employers breathe a sigh of relief: Permanent staff provision after outsourcing to a service GmbH is not subject to the Temporary Agency Work …

  • 06/23/2023
Labor Law Law

Higher compensatory levy for non-employment of severely disabled persons

On May 12, 2023, the German Bundesrat has approved the law on the promotion of an inclusive labor market. In provides, inter alia, for an increase in the compensatory levy to be paid by employers.

  • 06/07/2023
Labor Law Law

Incapacity for work cannot be challenged by termination of employment relationship

Lower Saxony Regional Labor Court: Certificate of incapacity for work’s probative value not compromised by an employee's sick leave until termination of the employment relationship (decision of March 8, 2023, Case No. 8 Sa …

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