Employment law court cases

GERMANY Court Federal Labour Court Case Case under the Justice Compensation Act (JVEG) …

Please login to view this content or become a member by joining now.

GERMANY Court Federal Supreme Court of Justice (BGH) Date issued March 26th 2019 (just published) Subject Clauses on automatic termination upon reaching a set age: are they lawful? Substance The BGH reversed a decision of the High Regional Court of Hamm [Judgement of 19 …

Please login to view this content or become a member by joining now.

GERMANY (Two cases) Court: Federal Labour Court (BAG) Date issued: 24th September 2019 and November 2oth 2021 Subject: No annual leave entitlement for time not worked Substance: Since 2010, state subsidies for early retirement have ceased …

Please login to view this content or become a member by joining now.

GERMANY Court: Federal Labour Court (BAG) Date issued: 7th February 2019 (reported late) Subject: Termination agreement and a fair negotiation requirement Substance: In this case, the worker concerned had entered into a written termination agreement with a representative of her employer …

Please login to view this content or become a member by joining now.

GERMANY Court: Frankfurt Labour Court Date issued: August 2019 Subject: Should a union rep get paid whilst bargaining with an employer? Substance: The German airline company Lufthansa and the former head of the cabin crew union UFO have come to a settlement agreement before the Labour Court …

Please login to view this content or become a member by joining now.

GERMANY      Court: Baden-Württemberg Labour Court Date issued: 3rd March 2019 Subject: The taking of half days off work under the German Holiday Act Substance: The State Labour Court has ruled that taking half days off for holiday purposes is not provided as a general right under the Federal Holiday Act (BUrlG) …

Please login to view this content or become a member by joining now.

Germany has some very stringent privacy laws, therefore German courts take the approach of balancing competing interests: the employee’s right to freedom of opinion and privacy against the employer’s reputation and business interests …

Please login to view this content or become a member by joining now.

GERMANY Court: Federal Labour Court (Bundesarbeitsgericht) Date issued: 20th May 2019 Subject: Disabled employee dismissed on operational grounds Substance: The employee in this case was severely disabled and, even though they enjoyed special protection against dismissal both by statute and under the terms of the applicable collective agreements (CBAs), they were terminated by their employer on operational grounds …

Please login to view this content or become a member by joining now.

GERMANY Court: Federal Labour Court (Bundesarbeitsgericht – BAG) Date issued: 19th December 2018 Subject: Overtime pay for part-time employees Substance: The Federal Labour Court has reversed previous case law in finding that part-time employees are entitled to not only basic pay, but also to the (collectively agreed) overtime premiums for hours worked in excess of their individually agreed working hours …

Please login to view this content or become a member by joining now.

GERMANY Court: Federal Constitutional Court Date issued: 14th November 2018 Subject: Are differentiation clauses in collective agreements unconstitutional? Substance: Granting certain benefits (bridging and severance pay) to unionised employees does not violate non-unionised employees’ rights under the Basic Law [Articles 9(3) and 12(1) GG] …

Please login to view this content or become a member by joining now.

GERMANY Case: Max-Planck-Gesellschaft zur Förderung der Wissenschaften e …

Please login to view this content or become a member by joining now.