28.02.2022

Strengthened rights for (severely) disabled employees during the first six months of employment

Judgment of the European Court of Justice of 10 February 2022 in Case No. C-485/20 Most employees don’t feel entirely secure in their employment relationship during the first six months – rightly so.…

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27.02.2022

Fairplay and cancellation agreements – Time to think or sign immediately?

Judgment of the Federal Labour Court of 24 February 2022 in Case No. 6 AZR 333/21 In 2019, the Federal Labour Court (Bundesarbeitsgericht, BAG) established for the first time that a cancellation…

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23.02.2022

Regional Labour Court in Cologne: Burden of proof for access to an email

The sender of an email has the burden of proof and must produce evidence to show that an email was received by the recipient (in accordance with § 130 of the German Civil Code, Bürgerliches Gesetzbuch,…

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23.02.2022

Federal Labour Court: Cancellation agreement and the principle of fair negotiations

A cancellation agreement can be concluded despite a violation of the principle of fair negotiations. Whether this is the case needs to be assessed on a case-by-case basis taking into account the overall…

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15.02.2022

Leave can be cut while on short-time work

Judgment of the Federal Labour Court of 30 November 2021 in Case No. 9 AZR 225/21 The Federal Labour Court (BAG) recently decided that annual leave can be cut proportionately when whole workdays are not…

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08.02.2022

Accident insurance protection applies to the “domestic commute” from the bed to the desk in the home office

Judgment of the Federal Social Court of 8 December 2021 in Case No. 2 B U 4/21 R The Federal Social Court (FSC) extends accident insurance protection in the home office: the way from the bedroom to the…

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08.02.2022

Who is Mister X? The anonymous claim for performance of a collective agreement

Judgment of the Federal Labour Court of 13 October 2021 in Case No. 4 AZR 403/20 If a workers’ union brings an action for the implementation of a collective agreement, the affected union members do not…

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08.02.2022

Start-Ups offer a “young team”: no discrimination based on age

Judgment of the District Labour Court of Berlin-Brandenburg of 1 July 2021 in Case No. 5 Sa 1573/20 A job advertisement referring to a “young team” could indicate discrimination against older…

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07.02.2022

ADVANT Beiten Ranked in 15 Legal Areas by The Legal 500 Deutschland; Top Tier Law Firm in the Games Area

The 2022 edition of The Legal 500 Deutschland ranks ADVANT Beiten among the leading law firms in 15 legal areas; in the area of Games, the firm is listed as a top tier law firm. Our partners Dr Andreas…

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06.02.2022

Collective redundancies must be notified even in the case of dismissal due to illness

Judgment of the Regional Labour Court of Dusseldorf of 15 October 2021 in Case No. 7 Sa 405/21 The Regional Labour Court (Landesarbeitsgericht) in Dusseldorf held that, where the thresholds are…

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27.01.2022

Urgent action required: Changes to requirements for vaccination and recovered certificates

The entry into force on 15 January 2022 of the Regulation on Corona Protective Measures – Exemption Regulation (Verordnung zur der Corona-Schutzmaßnahmen -Ausnahmeverordnung) changes the requirements for…

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26.01.2022

Federal Labour Court: Compensation for a severely disabled applicant due to a failure to notify the position to the Employment Agency

Judgment of the Federal Labour Court of 25 January 2021 in Case No. 8 AZR 313/21 If an employer breaches provisions containing procedural and/or support obligations designed to benefit persons with…

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