18.10.2021

Operational Risk and Lockdown

German Federal Labor Court, decision of October 13, 2021 - 5 AZR 211/21 "COVID-19" has shaped our everyday life for almost two years now. Short-time work, closed restaurants, lockdown in almost all…

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14.10.2021

The "Corona Jurisprudence " – Storm in a labour law teacup?

The start of the global corona pandemic caught employers and employees unprepared. The working world in particular has faced numerous challenges for which there was no clear legal solution. The measures…

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11.10.2021

Officially Ordered Business Closures during the Pandemic - Does the Employer Bear the Risk regarding Remuneration?

Munich, 12 October 2021 – The German Federal Labour Court will make a decision tomorrow on whether an Employee is entitled to remuneration during a business closure by official orders during the…

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23.09.2021

BEITEN BURKHARDT (now ADVANT Beiten) Wins PMN Award 2021 with "BBGO – Ihr Expatmanager" (BBGO - Your Expat Manager) in "Legal Tech" Category

Frankfurt/Munich, 24 September 2021 - BEITEN BURKHARDT (ADVANT Beiten since 15 September 2021) came first in the "Legal Tech" category at the prestigious PMN Awards in Frankfurt yesterday evening with its…

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27.06.2021

Staff secondments in danger! Federal Labour Court (BAG) appeals to the ECJ on the effectiveness of personnel assignments

Federal Labour Court (BAG) of 16 June 2021 – 6 AZR 390/20 (A) The legal future of personnel secondments by public-sector companies is uncertain. The BAG has referred the question of whether personnel…

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08.06.2021

EuGH Strenghtens Equal Pay for Women and Men

The European Court of Justice (ECJ), following a referral from Watford Employment Tribunal, has strengthened equal pay for women and men with its ruling against the British supermarket chain Tesco Stores…

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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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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

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

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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