We will continually keep you up to date with new developments in labor law.

Need for action for employers: New proof law, new employer obligations

On June 23, 2022, the German Bundestag passed the new evidence law, which will come into force on August 1, 2022 (see BT-Drucks. 20/1636). This results in a significant need for employers to take action when drawing up employment contracts.…

Burden of presentation and proof in the overtime pay process

If an employee demands remuneration for overtime worked, he must, on the one hand, explain and prove to the court that the work he performed exceeded his contractually agreed “normal working hours” or that he was beyond this...

Does a data protection violation at work justify extraordinary termination without notice?

“Reading an email that is obviously addressed to another addressee and copying and passing on the email attachment (private chat history) to third parties can, in individual cases, justify extraordinary termination without notice,…

No continued payment of wages in the event of illness when registering sick online

In individual cases, issuing an online sick note may not be sufficient to prompt the employer to continue paying wages in the event of illness. Probative value of the certificate of incapacity for work Basis of every continued payment of wages…

Vaccination prevention in the area of facility-related activities - an overview from a labor law perspective

The coronavirus SARS-CoV-2 still has the world population under control. In order to continue to effectively combat the infection process, the federal government has decided to protect particularly vulnerable people from infection...

When does the employee's vacation entitlement expire? The employer's obligation to cooperate in the event of an employee's long-term illness.

In practice, the question always arises as to when an employee's vacation entitlement expires. The forfeiture of vacation entitlement is regulated by law in Section 7 Paragraph 3 BUrlG, but it also requires a European-compliant...

Federal Labor Court makes “windfall effects” more difficult when dismissal

Most employers are familiar with the phenomenon: an employee quits. The next day a certificate of incapacity for work arrives in the mailbox. The Federal Labor Court has now ruled on this unfortunately widespread practice…

Video surveillance in the workplace

Are employers allowed to monitor their employees seamlessly, permanently and in detail using video cameras and what are the limits of video surveillance? The topic of video surveillance in the workplace is a long-running topic in…

Compliance violations by the employee: there is a risk of destruction of existence

In its current ruling of April 29, 2021 (ref.: 8 AZR 246/20), the BAG decided that, under certain conditions, an employer can demand compensation from an employee for the costs incurred by hiring a law firm that specializes in clarifying compliance violations can. In such cases, employees may have to expect compensation claims from their employer that could destroy their livelihood.

Termination without notice without any reason – with a bit of luck it will still be effective

With a current decision (decision of January 12, 2021, Ref.: 2 AZN 724/20), the BAG dealt with the problem of adding reasons for termination. The BAG confirmed the previous legal principles and made some very interesting comments on the general nature of a notice of termination.

ECJ further restricts on-call service

With the current ruling of March 9, 2021 (ref.: C-580/19), the European Court of Justice has clarified the concept of on-call service in working time law in more detail and thus further restricted its scope of application. On-call availability can only be affirmed if the employee can actually spend his or her free time essentially freely. Many forms of work described as “on-call” are unlikely to meet this requirement.