08.06.2021

Employer's Claim for Compensation in the Case of a Fourteen-Day Quarantine Order

An employer is not entitled to compensation payments under the German Infection Protection Act if the employee has a claim for continuation of pay (Lohnfortzahlung) towards the employer during a…

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08.06.2021

Amendment of the Judgement of the Emden Labor Court on Time Recording

The Higher Labor Court of Lower Saxony (LAG) had to decide on an appeal against a partial judgment of the Emden Labor Court. A delivery driver had brought an action. He claimed overtime payments for 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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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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30.05.2021

BEITEN BURKHARDT Advises Suzhou TZTEK Technology Co Ltd on the Complete Takeover of MueTec Automatisierte Mikroskopie und Meßtechnik GmbH

Dusseldorf, 31 May 2021 – The international commercial law firm BEITEN BURKHARDT has provided comprehensive legal advice to Suzhou TZTEK Technology Co Ltd ("TZTEK") on the acquisition of all shares in…

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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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