The Federal Labour Court ruled that an employee cannot demand from their employer to terminate a company pension direct insurance contract in order to receive the repurchase value to satisfy personal financial needs.
The Federal Labour Court ruled that if it is possible to assign a different contractual activity, an employer cannot refuse to fulfil its obligation to employ an employee in a specific role under a final court judgment by arguing that such original role has been eliminated.
The Federal Labour Court ruled that the conclusion of a termination agreement with a works council member, which includes a severance payment, does not generally constitute prohibited favouritism even where the employer had originally intended to terminate the works council member’s employment for cause due to serious misconduct.
After several months of negotiations, the German Social Democrats and the Union parties agreed on a new coalition agreement for the German government’s new four year term of office. The coalition agreement provides for several changes in the employment law legislation over the next four years.
Under the German Works Constitution Act, it constitutes a criminal offence to obstruct or influence a works council election by inflicting or threatening any unfavorable treatment or by granting or promising any advantage. The Federal Labour Court recently ruled that this prohibition does not go so far that it triggers a strict neutrality obligation of the employer and his executive employees towards the works council and its individual members.
A voluntary and anonymous survey regarding the employees’ work environment and working conditions, carried out among all employees within a group by the group management and based on a standardized questionnaire, is neither subject to co-determination of the works council as a measure of health protection nor qualifies as a personnel questionnaire. Therefore, the local works council may not claim injunctive relief.
An employer generally satisfies the employee’s claim to a reference letter even if the paper is folded twice in order to put the reference letter in a common, standard-sized envelope. This shall apply as the original reference letter can be copied and the fold is not visible in the copy of the reference letter.
The German Federal Labor Court ruled that a post-contractual non-compete agreement is a mutual contract and that the payment of the compensation (at least 50 % of the last monthly gross salary) is the employer’s counter obligation for the employee’s restraint from competition.
The employer needs to pay the minimum wage for every hour in which the employee renders his/her service pursuant to the employment contract. This payment obligation does not only relate to actual working time, but also includes times of on-call duties.
When an employee secretly records a staff appraisal with his smartphone, this violates the general right of privacy of the other participants of the appraisal, which is guaranteed in the German constitution, and can justify an extraordinary termination of the employee’s employment with immediate effect.