Get in touch!

ZL-News

ArbG Emden: Employers are supposedly already obliged to set up an objective, reliable and accessible time recording system

In the opinion of the Emden Labour Court (ArbG Emden, decision of 20 February 2020 – 2 Ca 94/19), employers are supposedly already obliged to set up an objective, reliable and accessible system for recording working time. However, this case law is neither consistent with the current national legal situation nor with the prevailing opinion, which rejects a direct horizontal third-party effect of the European Working Time Directive and the decisions of the European Court of Justice (ECJ).

Read more “ArbG Emden: Employers are supposedly already obliged to set up an objective, reliable and accessible time recording system”

ZL Aktuell – Employment and Labour Law 09/2020

BAG: Employer’s right to information after termination

Employees are obliged to inform the employer about the placement proposals submitted by the Federal Employment Agency and the Job Centre in the dispute about the default of acceptance remuneration, stating the activity, the working time, the place of work and the remuneration – Federal Labour Court (Bundesarbeitsgericht – BAG), decision of 27 May, 2020 – 5 AZR 387/19.

Read more “ZL Aktuell – Employment and Labour Law 09/2020”

EMPLOYMENT AND LABOUR LAW 08/2020

LAG Hamburg: Participation of the works council in determining the required personnel

The Regional Labor Court (Landesarbeitsgericht – LAG) of Hamburg granted the works council a right of participation in the determination of the (minimum) number of employees required for the completion of the operational tasks. The LAG held that the corresponding restriction of the entrepreneurial freedom of the employer is to be accepted (LAG Hamburg, decision of 16 July, 2020 – 8 TaBV 8/19).

Read more “EMPLOYMENT AND LABOUR LAW 08/2020”

Works Council may be dissolved after refusal to work with the personnel manager

The Regional Labor Court (Landesarbeitsgericht – LAG) Düsseldorf decided on 23 June, 2020 on the question whether the works council may refuse to cooperate with an employer representative, decision of 23 June, 2020, 14 TaBV 75/19. The LAG rejected this on the grounds that the works council was thus significantly in breach of its obligations under works constitution law and dissolved the works council at the request of the employer pursuant to sec. 23 para. 1 of the Works Constitution Act (Betriebsverfassungsgesetz – BetrVG).

Read more “Works Council may be dissolved after refusal to work with the personnel manager”

Work prohibited! – The strikebreaker ban for temporary workers is constitutional

With its decision of 19 June, 2020, the Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) has now confirmed what had long been a source of dissent: the so-called strikebreaker ban according to sec. 11 para. 5 of the Temporary Employment Act (Arbeitnehmerüberlassungsgesetz – AÜG) is constitutional, decision of 19 June, 2020 – 1 BvR 842/17.

Read more “Work prohibited! – The strikebreaker ban for temporary workers is constitutional”

Lost in Translation – Employer representative does not have to speak German with the works council

The works council is not entitled to demand that the employer’s representative speaks German if sufficient translation is guaranteed in the company, according to the Regional Labor Court (Landesarbeitsgericht – LAG Nuremberg, decision dated 18 June, 2020 – 1 TaBV 33/19.

Read more “Lost in Translation – Employer representative does not have to speak German with the works council”

New SARS-CoV-2 Occupational Safety Rule comes into force

On Tuesday last week, the German Federal Ministry of Labour and Social Affairs (Bundesministerium für Arbeit und Soziales – BMAS) released the new SARS-CoV-2 Occupational Health and Safety Rule (hereinafter referred to as the “Occupational Health and Safety Rule”) for publication in the Ministerial Gazette. The Occupational Health and Safety Rule will come into force in August 2020.

Read more “New SARS-CoV-2 Occupational Safety Rule comes into force”

Federal Labour Court: Effectiveness of preclusion periods in old contracts

In its ruling of September 24, 2019, the Federal Labour Court (BAG) dealt with the requirements for the effectiveness of preclusion period regulations in socalled old contracts which were concluded before the Act to Modernize the Law of Obligations came into force on January 1, 2002.

Read more “Federal Labour Court: Effectiveness of preclusion periods in old contracts”