Current
We will continually keep you up to date with new developments in labor law.
Termination without notice without any reason – with a bit of luck it will still be effective
PressWith a current decision (decision of January 12, 2021, Ref.: 2 AZN 724/20), the BAG dealt with the problem of adding reasons for termination. The BAG confirmed the previous legal principles and made some very interesting comments on the general nature of a notice of termination.
ECJ further restricts on-call service
PressWith the current ruling of March 9, 2021 (ref.: C-580/19), the European Court of Justice has clarified the concept of on-call service in working time law in more detail and thus further restricted its scope of application. On-call availability can only be affirmed if the employee can actually spend his or her free time essentially freely. Many forms of work described as “on-call” are unlikely to meet this requirement.
Obligation to maintain confidentiality of business secrets in employment contracts – inadmissibility of “catch-all clauses”
PressEven after an employment relationship has ended, disputes often arise between employees and their former employers due to the disclosure or passing on of business secrets to third parties. The Cologne LAG recently had to decide again to what extent the employer can prevent this through injunctive relief through an interim injunction.
Does statutory sick leave expire after 15 months even if the employer fails to cooperate?
GenerallyThe Federal Labor Court (BAG) has dealt with an interpretation of Section 7 Paragraph 3 BUrlG in accordance with European law several times in the past. According to this standard, vacation must be granted and taken in the current calendar year. In principle, vacation is only carried over to the first three months of the following calendar year if urgent operational or personal reasons justify this.
Termination of a management board contract for good cause
GenerallyIn a recent decision dated December 4, 2019 (ref.: 7 U 2464/18), the Munich Higher Regional Court dealt with some special legal questions that have considerable practical significance in connection with the extraordinary termination of a management board contract.
Risk of false self-employment – not just for supposed clients
GenerallyThe distinction between self-employment and dependent employment as well as the keyword “false self-employment” has been a long-running issue since the Federal Social Court’s rulings on the social insurance obligation of fee-based doctors in hospitals on June 4, 2019 (e.g. Ref. B 12 R 11/18 R).
Continued payment of wages in the event of illness for various illnesses? BAG confirms the principle of unity in the event of prevention
GenerallyAccording to Section 3 Paragraph 1 Sentence 1 EFZG, an employee is entitled to continued payment of wages in the event of illness for a period of six weeks if they become unable to work through no fault of their own. Sometimes employees try to get their employer to continue paying their wages after six weeks with a new initial certificate.
Compensation for overtime during leave of absence? Only if expressly stipulated!
PressIn order to avoid intended termination and following terminations that have already been given, the parties to the employment contract regularly regulate the modalities of the employee's departure from the employment relationship using settlement or termination agreements. The vast majority of termination or winding-up agreements also contain provisions for releasing the employee. There are a few things to consider here.
Age limits for managing directors – Federal Court of Justice brings AGG into play!
PressEmployment contracts of managing directors often contain age limit regulations, according to which the employment relationship does not end when the statutory retirement age is reached (so-called “standard retirement age”), but rather at an earlier point in time.
More clarity on the prohibition of prior employment in Section 14 Paragraph 2 Sentence 2 TzBfG
PressThe fixed term limit without any objective reason is an excellent and, in principle, legally secure flexibility instrument. However, the controversial interpretation of the pre-employment ban in Section 14 Paragraph 2 Sentence 2 TzBfG has become problematic in the recent past. With a recent ruling dated August 21, 2019, the Federal Labor Court has now given legal practitioners some valuable tips for practical handling.
Rules for paying overtime in employment contracts and company agreements
GenerallyOvertime is on the agenda not only for many specialists, but especially for managers. But do employees receive compensation for their extra work?
Business trips to other EU countries – not without the A1 certificate
PressDue to the requirements of European legislators, the so-called A1 certificate must always be carried with you on business trips to other EU countries such as Switzerland, Liechtenstein, Norway or Iceland.
