08.06.2021

BEITEN BURKHARDT Advises Capitalmind on Strategic Transaction with Investec

Frankfurt am Main, 8 June 2021 – The international law firm BEITEN BURKHARDT has advised Capitalmind, one of Europe's leading independent M&A and corporate finance advisory firms, on the conclusion of a…

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08.06.2021

Extraordinary Dismissal due to Designation as "Ming Vase"

The Berlin Labor Court (ArbG) has ruled that the designation of a superior as a "Ming Vase" and the further explanation by a gesture of pulling the eyes backwards and repeating "Well, you know, the Ming…

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08.06.2021

Equipping the Works Council with Video Conferencing Technology

The Berlin-Brandenburg Regional Labor Court (Landesarbeitsgericht Berlin-Brandenburg, LAG) has ordered an employer by way of an interim injunction to provide the existing works council with technical…

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08.06.2021

Extraordinary Dismissal for Kissing a Colleague against her Will

A person who attempts to kiss a female colleague against her will on a business trip and actually kisses her violates his duty to consider the legitimate interests of his employer in a significant manner.…

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08.06.2021

Accident on the way to the Home Office from the Living to the Office Rooms not an occupational Accident

The route taken by the employee at the start of his/her employment is not covered by the law for accidents, either as a route to the place of work (Weg zur Arbeit) or as a route to work (Betriebsweg). This…

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06.06.2021

Ready for digitalisation – new features of the Works Councils Modernisation Act

In companies where cooperation with the works council is strained or even conflict-laden, HR Managers are likely to react with scepticism or even fear at the news that the German legislators have decided…

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03.06.2021

LAG Dusseldorf: “Corona cougher” as grounds for termination

Judgment of the Regional Labour Court in Dusseldorf of 27 April 2021 in Case No. 3 Sa 646/20 An employee may be dismissed with immediate effect when he deliberately coughs on a colleague at close range…

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03.06.2021

Labour Court of Cologne: Dismissal due to a quarantine order is invalid

Judgment of the Labour Court of Cologne of 15 April 2021 in Case No. 8 Ca 7334/20 Even if an employee is unable to perform his duties because he or she is subject to a quarantine order, the employer…

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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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31.05.2021

The Effects of the Coronavirus on Real Estate Law

1. COVID-19 Pandemic in the Federal Republic of Germany The "coronavirus" or "COVID-19 pandemic" issue (hereinafter "Covid-19 Pandemic") has been given considerable attention in real estate law in…

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