If the invalidity of a dismissal is established before the labour court following a claim against wrongful termination, the salary must in principle continue to be paid for the period after the expiry of the notice period. Thus, employees subsequent payment for periods during which they did not work because of the dismissal. In a recent decision, the Labour Court […]
Anyone who signs a termination agreement must also abide by it. This applies in principle even if strong psychological pressure is exerted by superiors to get the signature. Supervisors therefore have a lot of leeway when negotiating termination agreements, although there are of course limits. For this reason, it is often difficult for employees to withdraw from a signed termination […]
Time and again, the question of false self-employment comes up before the labour courts. The courts then have to decide whether someone was actually employed on a freelance basis or instead as an employee. The decision has considerable consequences for both sides. For example, the question of whether social security contributions must be paid in arrears for several years depends […]
A Regional Labour Court has ruled on a dispute between a logistics company and its works council over smoking breaks. The company provides logistics services in a seaport. Large quantities of timber and timber products are handled in this port. There have been recent fires in the wood processing companies around the port. The breaks of the employer’s employees are […]
Is refusal to provide evidence of a negative test grounds for dismissal? In a recent ruling, the Bielefeld Labor Court decided that the persistent refusal to present a negative test at the start of work justifies termination without notice. The ruling is all the more surprising because the employee had been employed by the company for almost 24 years. However, […]
The case: The employer had requested an employee to put on a mouth/nose mask. The employee refused and sent the defendant’s company doctor a “medical certificate for mask exemption”. In it, the exemption from the mask requirement was justified as follows: “After anamnesis and examination in my practice, I hereby state: the above-mentioned patient is exempt from wearing a mechanical […]
Employees can receive the Corona Bonus until March 31, 2022 to compensate them for the effects of the Corona pandemic. This is a special payment of up to 1,500 euros, which is paid out in addition to wages. The special feature of the Corona Bonus is that it is tax- and social security-free. Even those who work part-time or on […]
A new regulation in the infection protection act (Infektionsschutzgesetz or IfSG) has been resolved and will be effective as of tomorrow, 24 November 2021. The regulations are limited until 19 March 2022. As before, Employers are obliged to provide rapid antigen or self-testing at least twice a week for all employees who work at the office or on site. Exceptions […]
A probationary period in the employment contract is common – usually it is six months and the employment relationship can be terminated during the probationary period with a notice period of 2 weeks. The probationary period in the employment contract may not be longer than this, according to § 622 Paragraph 3 BGB. In companies with more than ten employees, […]
The Berlin-Brandenburg Regional Labour Court (Landesarbeitsgericht Berlin-Brandenburg) dealt with the dismissal of the technical manager of a non-profit association (Verein) in connection with a private WhatsApp chat. The plaintiff had defended himself in court against the termination of the association. The association supports refugees. Its members include the local district and various cities and municipalities. Many volunteers support the work […]
