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 […]
The Federal Labor Court has decided in 2012 that statutory vacation entitlements expire 15 months after the end of the vacation year, if employees cannot take their vacation due to continued illness (BAG, judgement dated 7 August 2012 – 9 AZR 353/10). The ruling referred to a decision of the European Court of Justice from 2011 and was based on […]
Information on short-time work and short-time allowance for employers and employees The corona virus has now virtually paralysed Germany and worse is to be expected. There will be restrictions in all industries, which will usually be associated with a loss of work or pay. In order to alleviate the economic burden this will cause, employers have the option of introducing […]
