Articles from Nadine Kirsch

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
5. Aug 2014 Paid leave to care for sick children in the public sector. BAG 05.08.2014 - 9 AZR 878/12

Employees in the public sector who have private health insurance can be granted up to four days off per calendar year if their child falls seriously ill. If another child falls seriously ill, the employee is entitled to request only one additional day of paid leave.

Labor law
31. Jul 2014 Objective criticism of the employer is permitted. BAG 31.7.2014 - 2 AZR 505/13

An employee may not knowingly make false or damaging statements about his or her company, but factual criticism is permitted.

Labor law
25. Jun 2014 Fixed-term employment contracts without objective grounds also permitted with works council members - there is no entitlement to conclude a follow-up contract. BAG 25.06.2014 - 7 AZR 847/12

The Federal Labor Court has ruled that fixed-term employment contracts with works councils are permitted. Works councils in Germany are sufficiently protected and do not have to fear for their jobs.

Labor law
14. Jun 2014 Company pensions can be calculated differently for blue-collar workers than for white-collar workers. BAG 17.06.2014 - 3 AZR 757/12

The different treatment of blue-collar and white-collar workers in the calculation of the company pension as part of an overall pension scheme may be permissible if the remuneration structures that affect the basis for calculating the company pension are different.

Labor law
12. Jun 2014 Death of the employee does not lead to the loss of the entitlement to vacation compensation ECJ 12.06.2014 C-118/13

Contrary to the established case law of the Federal Labor Court, the European Court of Justice has ruled that the financial entitlement to compensation for leave does not expire upon the death of the employee. The entitlement is transferred to the heirs.

Labor law
5. Mar 2014 Repeat dismissal and works council hearing. LAG Schleswig-Holstein 05.03.2014

If a formally invalid notice of termination is given, the works council must be consulted again if another formally valid notice of termination is given. If the works council is not consulted again, the dismissal is already invalid, regardless of the reasons on which the dismissal was based.

Labor law
25. Feb 2014 Proof of authorization for termination by personnel manager LAG Schleswig-Holstein 25.02.2014 - 1 Sa 252/13

The position of personnel manager alone is not sufficient to be entitled to give notice of termination. The employee may reject the dismissal if no original power of attorney is presented by the personnel manager.

Labor law

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