Current articles on Labor law

25. Jun 2015 Classification of a Turkish teacher with a German teaching qualification in North Rhine-Westphalia BAG 25.06.2015 - 6 AZR 383/14

The lower pay for teachers of foreign origin with a German teaching qualification who teach another language in addition to the regular teaching offer is inadmissible in comparison to teachers of foreign origin with a foreign teaching qualification who teach the same language.

Labor law
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 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
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
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
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
26. Mar 2015 Special protection against dismissal for in vitro fertilization, BAG 26.03.15 - 2 AZR 237/15

In the case of in-vitro fertilization, the Maternity Protection Act applies from the time of implantation of the fertilized egg, the so-called embryo transfer, and not only at the time of implantation of the egg (nidation) in accordance with Section 9 (1) sentence 1.

Labor law
26. Mar 2015 Obstruction of access when announcing a letter of termination, BAG 26.03.2015 - 2 AZR 483/14

If an employee prevents the receipt of a notice of termination, he/she must be treated as if the notice had already been received when the attempt was made to send it. If the employee should have expected, based on the employer's statements and the circumstances, that a notice of termination would be received in the afternoon by posting it in the letterbox, a notice of termination shall be deemed to have been received on the afternoon of the same day.

Labor law
19. Mar 2015 Trainees are liable in the event of damage regardless of age BAG 19.03.2015 - 8 AZR 67/14

Persons undergoing training are liable to the same extent as regular employees in the event of damage caused by them. However, only if the damage was not caused during an "operational activity", as in this case the exclusion of liability according to §105 para. 1 sentence 1 SGB VII applies, meaning that no claims for compensation for pain and suffering or damages can be asserted against the employee.

Labor law
18. Mar 2015 Question of fault in the case of entitlement to continued payment of remuneration in the event of incapacity for work due to alcohol addiction BAG 18.03.2015 - 10 AZR 99/14

Employees are generally not at fault within the meaning of Section 3 (1) EFZG if they are unable to work due to their alcohol dependency. This also applies in the event of a relapse. Whether an alcohol-dependent employee is at fault in the exceptional case of a relapse is determined by a medical expert opinion. Only if this clearly shows that the employer is at fault is the employee not entitled to continued payment of remuneration.

Labor law
17. Mar 2015 Appropriate remuneration also required for publicly funded apprenticeships BAG 17.03.2015 - 9 AZR 732/13

Even if the training position was supported with public funds, the trainee's remuneration must be appropriate in accordance with Section 17 (1) BBiG. The appropriateness depends on the individual functions of the remuneration. One function is to help finance the livelihood of the trainee or their parents. The remuneration is also intended to ensure that a sufficient number of qualified skilled workers are trained. Last but not least, remuneration is also a form of payment to a certain extent. However, in the case of publicly funded training places that would not exist without state support and where the training provider does not benefit from the trainee's work performance, the remuneration aspect does not apply. Nevertheless, the functions of financing livelihoods and promoting young talent must continue to be taken into account when assessing appropriateness.

Labor law
12. Mar 2015 Unlawful threat precludes the validity of a waiver of action clause in a termination agreement BAG 12.03.2015 - 6 AZR 82/14

A waiver of action clause in a termination agreement pre-formulated by the employer is a general terms and conditions clause, which is therefore subject to the content review of Section 307 BGB. A waiver of legal action must therefore not unreasonably disadvantage the employee within the meaning of Section 307 (1), (2) No. 1 BGB. If the employee only signs the termination agreement in order to avoid the threat of extraordinary dismissal, an unreasonable disadvantage can be assumed if a reasonable employer could not seriously consider the threatened dismissal.

Labor law

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