The dismissal of a severely disabled person is not ineffective just because the employer did not inform the representative body for severely disabled persons within the company of his intention to dismiss the disabled employee already before hearing the works council regarding the intended termination and before requesting the permission of the integration office for the termination
Jan
28
2019
Germany: Change in legal practice on overtime surcharges for part-time employees
The Federal Labour Court ruled that employees working part-time can be entitled to overtime surcharges under a collective bargaining agreement already for working time exceeding their individual part-time working time, and not only for the working time exceeding the working time of a full-time employee in the company. With this ruling, the 10th Senate of the Federal Labour Court has abandoned its contrary view expressed in previous rulings on the subject.
Dec
13
2018
Germany: The co-determination right of the works council regarding the use of a technical monitoring system also extends to the use of Microsoft Excel sheets documenting the employees’ presence times at work
Under German statutory law, the works council has a co-determination right when the employer introduces or amends technical devices designed to monitor the behavior or performance of the employees. Such right also extends to the use of regular Microsoft Excel sheets when they are used to document the employees’ presence times at work.
Dec
13
2018
Germany: Strike mobilization by a trade union may also be permitted on the company car park in front of the company premises
The right to strike includes the right of a trade union to address workers immediately before entering the workplace in order to persuade them to participate in the strike. Depending on the circumstances of the individual case, such an action may be permitted on a company car park in front of the company premises.
Dec
13
2018
Germany: The concept of temporary part-time work will be introduced under German law as of 1 January 2019
New German law regulation gives part-time employees a right to return to full-time work
Dec
13
2018
Germany: German minimum wage will be raised to 9.19 Euros per hour from 1 January 2019
The current statutory minimum wage of 8.84 Euros per hour will be raised to 9.19 Euros per hour from 1 January 2019. The minimum wage is generally applicable to all employees in all sectors of business.
Nov
28
2018
Germany: A job advertisement by an ecclesiastical employer may not require a particular denomination from the applicant as a general recruitment requirement
A job advertisement by an ecclesiastical employer that requires a certain religious affiliation discriminates against nondenominational applicants, who can claim for damages as a result. Only churches may impose requirements related to religion when recruiting personnel.
Nov
28
2018
Germany: An employee does not automatically lose his entitlement to paid annual leave because he has not applied for taking the leave in a timely manner
An employee must not automatically lose his entitlement to paid annual leave because he has not applied for actually taking the leave in a timely manner. His entitlement is only lost if the employer can prove that he gave the employee the opportunity to take his leave during the applicable calendar year and that the employee voluntarily waived his leave despite this opportunity.
Nov
28
2018
Germany: The heirs of a deceased employee are entitled to financial compensation for untaken holidays
The heirs of a deceased employee are entitled to claim financial compensation for the employee’s untaken holidays from the employee’s former employer. German inheritance and employment law shall not be applied to the extent that it precludes such claim.
Nov
28
2018
Germany: If the employer temporarily sends an employee to work abroad, the travel time spent by the employee for the outward and return journey must be remunerated as working time
If the employer sends employees to work abroad for a limited period of time, he is obliged to pay the employee’s usual remuneration also for the time required for the outward and return journey. Generally, the travel time of an economy class flight to and from the employee’s destination is decisive for the length of the travel time to be remunerated.