Current articles on Labor law

19. Feb 2015 Surveillance by a detective, including secret image recordings, is only permitted if there is concrete suspicion. BAG 19.02.2015 - 8 AZR 1007/13

Both the commissioning of a detective and the secret recording of images to monitor an employee must be based on a suspicion based on concrete facts. It is not sufficient that the certificate of incapacity for work comes from different doctors, that the clinical picture changes or that a slipped disc was initially treated by a general practitioner. If the requirements for such a suspicion are not met, the monitoring constitutes an unlawful violation of the general right of personality, which can justify compensation for pain and suffering.

Labor law
19. Feb 2015 Consent to the publication of video recordings of an employee does not automatically expire with the end of the employment relationship BAG 19.02.2015 - 8 AZR 1011/13

Written consent to the publication of video recordings of an employee granted in accordance with Section 22 KUG does not expire at the end of the employment relationship. However, it can be revoked by stating a plausible reason.

Labor law
12. Feb 2015 Suspected termination of a vocational training contract is possible. BAG 12.02.2015 - 6 AZR 845/13

If there is a strong suspicion of a serious breach of duty by the trainee, the trainee may be given notice of termination for good cause in accordance with Section 22 Para. 2 No. 1 BBiG, provided that it is objectively unreasonable for the trainee to continue the training relationship. In particular, the special features of the training relationship must be taken into account when considering the question of unreasonableness.

Labor law
10. Feb 2015 No proportionate reduction in vacation when switching to part-time work with fewer working days per week. BAG 10.02.2015 - 9 AZR 53/14

If a full-time employee changes to a part-time job with fewer working days per week without having taken their vacation beforehand, the number of days of paid annual leave may not be reduced proportionately due to the change to part-time employment. This applies to the vacation entitlement acquired during full-time employment. In this respect, the collective bargaining provision of Section 26 (1) TVöD violates the prohibition of discrimination against part-time employees, to which the ECJ has referred.

Labor law
18. Dec 2014 Severe obesity as a disability within the meaning of the Anti-Discrimination Directive. ECJ 18.12.2014 - C 354/13 (Kaltoft)

Obesity can constitute a disability within the meaning of European anti-discrimination law if it entails a restriction that is attributable to psychological, mental and physical impairments and is an obstacle to equal participation in working life.

Labor law
20. Nov 2014 One boob grab does not a termination make. BAG 20.11.2014 - 2 AZR 651/13

Touching an employee's breast is indeed sexual harassment and in principle constitutes good cause for extraordinary dismissal. However, whether this is actually sufficient for dismissal in an individual case is a question of proportionality to be determined by the circumstances of the individual case.

Labor law
18. Nov 2014 Certificate grade 3 remains the average. BAG 18.11.2014 - 9 AZR 584/13

Although a large number of employment references are issued with a good or even very good rating, in the opinion of the Federal Labor Court, the grade 3 remains an average rating.

Labor law
21. Oct 2014 Additional leave for older employees. BAG 10/21/2014 - 9 AZR 956/12

It is permissible to grant employees aged 58 and over a few days' additional leave. There is no violation of the prohibition of age discrimination against younger employees.

Labor law
30. Sep 2014 Obligation to wear a service cap. BAG 30.09.2014 - 1 AZR 1083/12

An airline may not oblige only male members to wear a "cockpit cap", as this would be a violation of the principle of equality under works constitution law.

Labor law
18. Sep 2014 Discrimination on the grounds of gender in a job application. BAG 18.09.2014 - 8 AZR 753/13

The particular disadvantage in the case of indirect discrimination on the grounds of gender can be demonstrated by an apparently neutral criterion with a reference to statistical surveys. However, the statistics used must be meaningful.

Labor law
4. Sep 2014 Entitlement of a nurse not to be assigned to the night shift for health reasons. BAG 09.04.2014 - 10 AZR 637/13

A nurse does not have to work the night shift if she is unable to do so for health reasons.

Labor law
21. Aug 2014 Crematoria can demand that employees return dental gold taken from the ashes. BAG 21.08.2014 - 8 AZR 655/13

Although the operator of a crematorium may not appropriate the dental gold of cremated deceased persons, he may demand that his employees hand it over.

Labor law

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