Alle Beiträge

19. May 2015 Reduction of vacation entitlements due to parental leave after termination of employment not permitted BAG 19.05.2015 - 9 AZR 725/13

According to Section 17 Para. 1 Sentence 1 BEEG, the employer may reduce the employee's vacation leave by one twelfth for each full calendar month of parental leave. However, if the reduction is only notified after the employment relationship has ended, it is invalid.

Labor law
13. May 2015 Minimum wage and collectively agreed continued remuneration, BAG 13.05.2015 - 10 AZR 191/14

In the case of collective agreements in which payment on public holidays and in the event of incapacity for work is not clearly regulated, the agreed minimum wage of the collective agreement applies and not the statutory minimum wage of € 8.50.

Labor law
13. May 2015 BAG relaxes the requirements for a company exercise BAG 13.05.2015 - 10 AZR 266/14

An employee can also base their entitlement to a special payment on company practice if the employer has unconditionally made a different amount of payment three times at the end of the year. The employee may regard such conduct on the part of the employer as a binding offer within the meaning of Section 145 BGB to receive a special payment in each calendar year.

Labor law
6. May 2015 Sit-down strike for salary increase does not justify termination without notice. LAG Schleswig-Holstein 06.05.2015 - 3 Sa 354/14

A manager persistently demanded payment as a non-tariff employee. The efforts culminated in a sit-down strike in which the plaintiff refused to leave her supervisor's office. Only the police were able to persuade her to leave the company premises. The employer's dismissal without notice has now been declared inadmissible in the unfair dismissal proceedings due to a long-standing, unobjectionable employment relationship. However, the ordinary dismissal is permissible.

Labor law
5. May 2015 OLG Hamm: Cancellation policy must contain telephone number

Before the major e-commerce reform in June 2014, it was possible to issue a warning if a telephone number was stated in the withdrawal policy.

Digital & analog, IT law, copyright, e-commerce
5. May 2015 OLG Hamburg: Ban on the resale of e-books permissible

According to the Higher Regional Court of Hamburg, an online retailer can contractually prohibit customers from reselling "used" e-books and audio books (case no. 10 U 5/11).

Digital & analog, IT law, copyright, e-commerce
5. May 2015 German government plans fixed book prices for e-books too

According to the Book Price Fixing Act, new, i.e. unused, books may only be sold at the prices previously set by publishers, among others. Unlike with most other products, individual retailers are therefore prohibited from setting any price they wish.

Digital & analog, IT law, copyright, e-commerce
5. May 2015 LG Hamburg: Adblock Plus permissible under competition law

The Adblock Plus browser plugin can be used to prevent websites from displaying advertisements. This deprives website operators of advertising revenue. Adblock Plus was also recently criticized because certain advertisements were approved as "non-intrusive".

Digital & analog, IT law, copyright, e-commerce
22. Apr 2015 The ineffectiveness of donations and other benefits to home operators and employees in accordance with the so-called "prohibition of benefits" under home law What do care home operators have to consider when it comes to donations, legacies or other gifts from care home residents and relatives?

According to Section 16 of the WTPG, in Baden-Württemberg "the provider of an inpatient facility and the provider of an outpatient assisted living community are prohibited from promising or granting cash benefits or benefits of monetary value in excess of the agreed or to be agreed remuneration from or for the benefit of residents or applicants for a place in inpatient facilities or outpatient assisted living communities". The regulations governing residential homes in the other federal states contain almost identical provisions.

NPOs, church and social institutions
17. Apr 2015 Termination after minimum wage claim is invalid ArbG Berlin 17.04.2015 - 28 Ca 2405/15

A janitor demands that his employer pay him the statutory minimum wage of € 8.50, which has been in force since 01.01.2015. The subsequent dismissal is inadmissible on the basis of the prohibition of retaliation under Section 612a BGB.

Labor law
7. Apr 2015 UWG to be reformed

The UWG, which is the basis for most warnings in e-commerce, is to be reformed.

Digital & analog, IT law, copyright, e-commerce
7. Apr 2015 BGH: No obligation to check user comments in advance

The HolidayCheck Internet portal allows hotels to be rated.

Digital & analog, IT law, copyright, e-commerce

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