Alle Beiträge

20. Dec 2018 Bridging part-time work comes into effect on 1.1.2019

The so-called bridging part-time has cleared the final legislative hurdle. Following the Bundestag, the Bundesrat has also passed the bill to amend the Part-Time and Fixed-Term Employment Act (TzBfG). The law is therefore expected to come into force on January 1, 2019.

Labor law
20. Nov 2018 Impairment of the employer's property due to strike action must be accepted by the employer in exceptional cases, press release 62/18, on BAG, judgment of 20.11.2018 - 1 AZR 189/17

The employer must tolerate a strike call on his company parking lot if there is no other possibility for the union to address the employees called to strike immediately before entering the company.

Labor law
14. Nov 2018 Bundestag adopts new regulations for the remuneration of home nursing care

On November 9, 2018, the Bundestag voted on the Nursing Staff Strengthening Act (PpSG). The law, which essentially aims to improve the situation for nursing staff in the care of the elderly and sick, also contains some interesting new regulations for home nursing care, some of which were only included in the law shortly before the end of the legislative process through amendments (Bundestag printed paper 19/5593).

Medical and social law
12. Sep 2018 Dismissing a Catholic employee for remarriage can constitute unlawful discrimination. ECJ, judgment of 11.09.2018, Ref.: C-68/17

The Catholic plaintiff worked as a chief physician in a Catholic hospital. After divorcing his first wife, to whom the plaintiff was married both in church and in a civil ceremony, the plaintiff married his second wife in a civil ceremony. When the defendant became aware of the remarriage, it terminated the employment relationship with the plaintiff. In the opinion of the defendant, the plaintiff had seriously breached the loyalty obligations arising from his employment contract by entering into a marriage that was invalid under church law.

Labor law
30. Aug 2018 Injunctive relief against statements made by the Medical Service of the health insurance funds in expert opinions

According to a recent decision by the Reutlingen Social Court (decision of 13.08.2018 - S 1 KR 414/18 ER), which was obtained by VOELKER, action can be taken against false factual claims in expert reports or expert opinions by the MDK by way of an injunction.

Medical and social law
30. Aug 2018 Employer may deter its employees from striking by promising a bonus

In its judgment of 14.08.2018 - 1 AZR 287/17, the Federal Labor Court ruled that an employer on strike is generally entitled to deter its employees from participating in a strike by promising them a bonus. Although the Federal Labor Court assumes that there is unequal treatment of striking and non-striking employees, the promise of a strike-breaking bonus is a permissible means of industrial action and the unequal treatment between striking and non-striking employees is therefore justified.

Labor law
14. Aug 2018 Draft law on bridging part-time work adopted

The Federal Cabinet has passed a draft law on the new right to temporary part-time work (bridging part-time work). For employers with at least 45 employees, employees will in future be able to apply to their employer to reduce their working hours for a period of between one and five years. Employees on permanent part-time contracts will also be able to extend their working hours more easily in future by shifting the burden of proof to the employer.

Labor law
25. Jun 2018 Reform of the Posting of Workers Directive adopted: Same place, same work, same pay?

The EU Parliament passed new regulations against wage dumping on 29.05.2018. From mid-2020, employees who are posted abroad are to receive the same pay as local workers.

Labor law
30. Apr 2018 A disadvantageous amendment of an individual contractually agreed remuneration in accordance with collectively agreed principles through a works agreement is not permitted. Press release no. 18/18 on BAG 11.04.2018 - 4 AZR 119/17

Individual remuneration agreements that refer to collectively agreed principles cannot be amended by a works agreement to the detriment of the employee.

Labor law
29. Apr 2018 No impermissible favoritism through high severance payment to a works council Press release no. 15/18 on BAG 21.03.2018 - 7 AZR 590/16

The payment of a higher severance payment compared to employees without a works council office does not generally favor works council members, but is based on the special protection against dismissal for works council members.

Labor law
9. Mar 2018 Effect of a change in the recognized rules of technology during construction management

In its decision of 14.11.2017 (case no. VII ZR 65/14), the Federal Court of Justice dealt with the question of how to deal with a change in the recognized rules of technology between the conclusion of a VOB/B-B construction contract and the completion and acceptance of the building. The decision deals with the conditions under which the client can assert a claim for compensation for the completion of the building.

Real estate law, public & private construction law, public procurement law
6. Mar 2018 The multiple fixed-term extension of employment contracts after reaching the statutory retirement age does not constitute age discrimination or abuse of fixed-term employment contracts and is therefore permissible. ECJ, judgment of 28.02.2018, Ref.: C-46/17

The plaintiff in the main proceedings was employed by the defendant as a teacher. According to the contractual provisions, his employment relationship was to end when he reached the standard retirement age. Shortly before reaching the standard retirement age, the plaintiff applied to the defendant for continued employment beyond the standard retirement age. The defendant agreed to extend the employment relationship until the end of the current 2014/2015 school year. Before this time limit expired, the plaintiff submitted another application to extend the employment relationship again for a limited period until the end of the first half of the 2015/2016 school year. The defendant rejected this application. The plaintiff then filed a lawsuit and claimed that the fixed-term employment relationship was in breach of EU law.

Labor law

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