Articles from Nadine Kirsch

14. Nov 2016 Employee can sue if reference is far too good

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.

Labor law
31. Oct 2016 Statutory minimum wage - increases from 01.01.2017

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.

Labor law
16. Jun 2016 Federal Ministry of Labor and Social Affairs publishes new draft bill to amend the Temporary Employment Act

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.

Labor law
25. May 2016 Offsetting of benefits against the statutory minimum wage with fulfillment effect BAG 25.05.2016 - 9 AZR 145/15

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.

Labor law
10. May 2016 Written form requirement for application for parental leave, BAG 10.05.2016 - 9 AZR 145/15

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.

Labor law
17. Feb 2016 Fixed-term soccer contracts LAG Rhineland-Palatinate 17.02.2016 - 4 Sa 202/15

The fixed-term employment contract between a soccer club and a licensed player is lawful, according to a ruling by the Rhineland-Palatinate Higher Labor Court on 17.02.16.

Labor law
14. Jan 2016 Employer may check browser history for private internet use at the workplace, LAG Berlin-Brandenburg, 14.01.2016 - Sa 657/15

The employer had allowed the employee to use the internet privately during breaks. When the employer suspected the employee of using the internet on the work computer for private matters to a considerable extent, the browser history was evaluated. The employer discovered private use of around five days in a period of 30 days, whereupon the employment relationship was terminated without notice.

Labor law
9. Dec 2015 The amendment and recast of the Baden-Württemberg State Staff Representation Act

The LPVG Baden-Württemberg was already amended with effect from 11.12.2013 with the Act to Amend the State Staff Representation Act of 03.12.2013. On 12.03.2015, the law was re-published, providing for a new numbering of the amendments made in December 2013. Having only just become accustomed to the new regulations, the law was amended again shortly afterwards. Users of the LPVG should take the current version of the Act into account when applying and citing the Act.

Labor law
19. Nov 2015 Crediting of a previous internship to the probationary period of a vocational training contract, BAG 19.11.2015 - 6 AZR 844/14

An internship cannot be counted towards the probationary period of a subsequent training contract. This applies regardless of how the internship is structured.

Labor law
20. Oct 2015 Vacation entitlement in the event of a briefly interrupted employment relationship, BAG 20.10.2015 - 9 AZR 224/14

A short-term interruption of an employment relationship with the same employer with a factual connection does not trigger the waiting period of § 4 BUrlG again with the conclusion of a new employment contract. In such a case, the employee is entitled to full leave in full by adding together the periods of both employment relationships in one calendar year if the waiting period according to § 4 BUrlG is fulfilled.

Labor law
30. Sep 2015 A dispute between the employer and husband of an employee does not justify dismissal of the wife, ArbG Aachen 30.09.2015 - 2 Ca 1170/15

A disagreement between the husband and the employer due to a contract for work cannot serve as justification for terminating the employment relationship with the wife. Any misconduct on the part of the husband cannot be attributed to the wife.

Labor law
20. Aug 2015 Discrimination against part-time employees due to too frequent weekend work, LAG Berlin-Brandenburg 20.08.2015 - 26 Sa 2340/14

A part-time employee must not be called in disproportionately often at weekends compared to full-time employees. Without objective reasons that could justify such unequal treatment, this would constitute discrimination against part-time employees as prohibited in Section 4 (1) sentence 1 TzBfG.

Labor law

1
…
2
3
4
5
6
7