03.06.2021

LAG Cologne: No right to claim continued employment in the case of a medical certificate that the employee is unable to wear a mask

Judgment of the Regional Labour Court in Cologne 12 April 2021 in Case No. 2 SaGa 1/21 An employer may refuse to continue to employ an employee where– as documented by a medical certificate – the…

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03.06.2021

BAG: “Busy bees” – Are crowdworkers employees?

Judgment of the Federal Labour Court of 1 December 2020 in Case 9 AZR 102/20 The constant performance of numerous minor contracts (“microjobs”) by a user of an online platform (“crowdworker”) based on a…

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03.06.2021

Planned tightening of the law on fixed-term contracts in the middle of the Corona pandemic: is it destined to backfire?

As this legislative period reaches the eleventh hour, the Federal Government is planning to implement a final element of the Coalition Agreement of 2018 and tighten the law on fixed-term employment…

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27.05.2021

BAG: A disclaimer in an employment contract forfeiting all claims is invalid

Judgment of the Federal Labour Court of 26 November 2020 in Case No 8 AZR 58/20 A clause in an employment contract which provides that all claims arising out of the employment relationship will be…

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19.05.2021

Labour Court of Cologne: The right to hold works council meetings via video conference during the pandemic

Judgment of the Labour Court of Cologne of 24 March 2021 in Case No. 18 BVGa 11/21 Working from home and virtual meetings are the new normal for many companies since the onset of the coronavirus. Yet…

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17.05.2021

The Third Corona Wave Ends - the Corona Wave in Court Begins

The corona case numbers and the incidence value are falling. Medically speaking, the third corona wave is broken. It seems, however, that the "fourth" corona wave, the labour court wave, is beginning. More…

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29.04.2021

BAG: He who has suffered damage: the financial burden of compliance investigations by external third parties

Judgment of the Federal Labour Court of 29 April 2021 in Case No. 8 AZR 276/20 Grave compliance infringements can justify the termination of an employment relationship. When the grounds for termination…

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29.04.2021

BAG: Data protection as a trigger for a settlement: a blanket demand for copies of data is insufficient

Judgment of the Federal Labour Court of 27 April 2021 in Case No. 2 AZR 342/20 The Federal Labour Court (BAG) was asked to take a decision on the practical question of to what extent an employer must…

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25.04.2021

"Go to Homeoffice. Go directly to home office. Do not pass GO. Do not collect £ 200".

The "Go to Home Office Chance Card" applies to all employees from now on. It applies by virtue of the German Infection Protection Act. Workers do not even have to land on the Chance space. In the Monopoly…

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28.03.2021

Dismissal of an employee after serious racist remarks lawful

Press Release of Dusseldorf Regional Labour Court dated 23 March 2021 If an employee insults his colleagues with statements such as: "I wished for a gas chamber, but I didn't get it. The Turks should be…

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08.03.2021

Friendship Ends at Lunch - Works Council's Right of Co-Determination in the Implementation of the Corona Regulations

Curried sausage, schnitzel with chips, lentils with spaetzle, spaghetti bolognese, bami goreng, chicken fillet with vegetables, curry with rice, meatballs, burgers, sausages with mashed potatoes and fish…

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28.02.2021

The Home Office Telegram

SARS-CoV-2 ++Stop++ Corona Pandemic ++Stop++ Conference of Minister Presidents of 19 January 2021 ++Stop++ Employer's Duty to Enable Home Office Where Implementable ++Stop++ Home and Mobile Office ++Stop++…

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