Employment law court cases

Important employment law court cases from Germany in “easy to read” format.

Germany :: Clauses on automatic termination upon reaching a set age: are they lawful?

GERMANYCourtFederal Supreme Court of Justice (BGH)Date issuedMarch 26th 2019 (just published)SubjectClauses on automatic termination upon reaching a set age: are they lawful?SubstanceThe BGH reversed a decision of the High Regional Court of Hamm [Judgement of 19 …

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Germany :: No annual leave entitlement for time not worked

GERMANYCourt: Federal Labour Court (BAG)Date issued: 24th September 2019Subject: No annual leave entitlement for time not workedSubstance: Since 2010, state subsidies for early retirement have ceased …

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Germany :: Termination agreement and a fair negotiation requirement

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

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Germany :: Should a union rep get paid whilst bargaining with an employer?

GERMANYCourt: Frankfurt Labour CourtDate issued: August 2019Subject: 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 …

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Germany :: The taking of half days off work under the German Holiday Act

GERMANY     Court: Baden-Württemberg Labour CourtDate issued: 3rd March 2019Subject: The taking of half days off work under the German Holiday ActSubstance: 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) …

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Germany :: Case law on social media

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 …

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Germany :: Disabled employee dismissed on operational grounds

GERMANYCourt: Federal Labour Court (Bundesarbeitsgericht)Date issued: 20th May 2019Subject: Disabled employee dismissed on operational groundsSubstance: 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 …

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Germany :: Overtime pay for part-time employees

GERMANYCourt: Federal Labour Court (Bundesarbeitsgericht – BAG)Date issued: 19th December 2018Subject: Overtime pay for part-time employeesSubstance: 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 …

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Germany :: Are differentiation clauses in collective agreements unconstitutional?

GERMANYCourt: Federal Constitutional CourtDate issued: 14th November 2018Subject: 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] …

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Germany :: Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. v Tetsuji Shimizu

GERMANYCase: Max-Planck-Gesellschaft zur Förderung der Wissenschaften e …

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