23.05.2022

The effect of the electronic certificate of incapacity for work on the employment relationship

At the end of 2019, the German legislative adopted the third Act on relief from excessive bureaucracy (Bürokratieentlastungsgesetz III, BEG III), paving the way for the introduction of the electronic…

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22.05.2022

A fixed-term employment contract is not effective where a scanned signature is used

Judgment of the Regional Labour Court of Berlin-Brandenburg of 16 March 2022 in Case No. 23 Sa 1133/21 A scanned signature does not fulfil the written form requirements for a fixed-term agreement. This…

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22.05.2022

Vacation even if stuck in quarantine

Judgment of the Regional Labour Court of Schleswig-Holstein of 17 May 2022 in Case No. 1 Sa 208/21 Even if you are forced to isolate at home as a close contact, you can still take leave (at home) and…

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22.05.2022

Good news from Erfurt: social plans may cap severance payments

Judgment of the Federal Labour Court of 7 December 2021 in Case No. 1 AZR 562/20 Many employers wonder whether severance payment caps in social plans adopted to implement operational changes constitute…

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19.05.2022

ADVANT Beiten advises Medline on the acquisition of Asid Bonz

Duesseldorf, 20 May 2022 – ADVANT Beiten has provided comprehensive legal advice to Medline International B.V., a leading manufacturer and distributor of medical devices in Europe, on the acquisition of…

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19.05.2022

Repayment obligation in advanced training agreements

Judgment of the Federal Labour Court of 1 March 2022 in Case No. 9 AZR 260/21 Highly trained employees are essential for any company. It is in an employer’s interest to support the professional…

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19.05.2022

No employment relationship with the user company even though (foreign) temp agency has no permit for personnel leasing

Judgment of Federal Labour Court of 26 April 2022 in Case No. 9 AZR 228/21 Leasing workers from a foreign temp agency that does not have a permit for personnel leasing does not result in a fictional…

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11.05.2022

Participation in a “wildcat strike” can justify extraordinary dismissal

Judgment of the Labour Court of Berlin of 6 April 2022 in Joined Cases No. 20 Ca 10257/21, 20 Ca 10258/21 and 20 Ca 10259/21 Downing tools to participate in a “wildcat strike”, a strike that is not…

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10.05.2022

Voluntary Corona bonuses – free access for garnishing of wages?

Judgment of the Regional Labour Court of Berlin-Brandenburg of 23 February 2022 in Case No. 23 Sa 1254/21 A Corona bonus, which is the subject of a collective agreement and is granted to all employees…

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10.05.2022

When the bride has to quarantine: claim for damages for the cancelled wedding

Judgment of the Regional Labour Court of Munich of 14 February 2022 in Case No. 4 Sa 457/21. Infection ruins wedding. This is one way to summarise the decision of the Regional Labour Court…

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08.05.2022

Effective denial of pension adjustments for pension fund commitments

Judgment of the Federal Labour Court of 3 May 2022 in Case No. 3 AZR 408/21 The Federal Labour Court (Bundesarbeitsgericht, BAG) has provided clarification with respect to the adjustment of pension…

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04.05.2022

Hot off the press from the BAG on the payment of overtime – Approved, tolerated or operationally necessary? – Good news for employers

On 4 May 2022, the German Federal Labour Court (Bundesarbeitsgericht, BAG) handed down a decision on the payment of overtime that will have a significant impact. The judgment deals with the jurisprudence…

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