Current articles on Labor law

The plaintiff employee had agreed a three-month non-competition clause in his employment contract with the defendant in the event of termination of the employment relationship, which prohibited him from working for the competition during this period. In return, the plaintiff was to receive compensation in the amount of 50% of his last average monthly salary. This last amounted to EUR 6,747.20 gross. The employment relationship ended at the end of January 31, 2016 due to the plaintiff's own resignation. The plaintiff requested the defendant to pay the waiting allowance for the month of February by email on March 1, 2016, setting a deadline of March 4, 2016. The defendant let this deadline pass, whereupon the plaintiff sent a second - fatal - email to the defendant:

Fixed-term employment contracts with licensed players in the Bundesliga are regularly justified due to the nature of the work performed by the licensed player in accordance with Section 14 (1) sentence 2 no. 4 TzBfG.

With effect from April 1, 2017, extensive new regulations in the area of temporary employment came into force. The aim of the change in the law is to limit temporary work to its core function and to prevent unlawful contractual constructions, in particular bogus work contracts. In the following, we present the main changes to the AÜG that will apply from 01.04.2017. The cited paragraphs already refer to the version of the AÜG from 01.04.2017.

The Hessian Higher Labor Court ruled on 13.03.2017 (16 TaBV 212/16) that the employer may be obliged to provide the works council with a smartphone as a necessary means of information and communication under certain conditions.

With effect from April 1, 2017, extensive new regulations in the area of temporary employment came into force. The aim of the change in the law is to limit temporary work to its core function and to prevent unlawful contractual constructions, in particular bogus work contracts. In the following, we present the main changes to the AÜG that will apply from 01.04.2017. The cited paragraphs already refer to the version of the AÜG from 01.04.2017.

In its ruling of 18.01.2017 - 7 AZR 224/15, the Federal Labor Court made a landmark decision on the rest period of a works council member and the unreasonableness of the performance of work.

Due to a change in the law in SGB IX, which applies from 01.01.2017, the dismissal of a severely disabled employee is invalid if the representative body for severely disabled employees was not properly involved. Under previous legislation, the involvement of the representative body for severely disabled employees was required by law in the event of a dismissal. However, failure to do so did not render the dismissal invalid.

In a recent ruling (14.11.2016, 12 Ta 475/16), the Hamm Regional Labor Court decided that the employer must correct a reference that is worded significantly too well.

The Minimum Wage Act stipulates that a permanent commission of the collective bargaining partners decides every two years on the adjustment of the minimum wage. After the statutory minimum wage was introduced on 01.01.2015, the members of the Minimum Wage Commission unanimously voted on 28.06.2016 for an increase of 34 cents from 01.01.2017. The Federal Cabinet has now passed a corresponding ordinance, as announced by the Federal Government on 26.10.2016.

After months of dispute between the governing parties on temporary work, the Federal Ministry of Labor and Social Affairs announced a draft bill on amendments to the Temporary Employment Act based on the draft bill from November 2015.

The new law regulating a general minimum wage (MiLoG) has often led to disputes as to whether various remuneration components can be offset against pay in order to reach the minimum wage of EUR 8.50 per hour.

The application for parental leave must be made in writing in accordance with § 126 BGB. An application by fax without an original signature will render the notification invalid.