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The end of the paper certificate of incapacity for work! – As of 01.01.2022, the certificate of incapacity for work will be issued electronically

Digitisation is also proceeds in labour law. However, it remains to be seen whether the electronic certificate of incapacity for work (eAU) actually goes hand in hand with the desired goal of reducing bureaucracy and thus relieving the burden on employers. 

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Caution with the notification of mass dismissal!

Are other employee representatives to be involved in the consultation procedure in addition to the works council?

In its ruling of July 11th, 2019 (Case No. 21 Sa 2100/18), the Berlin-Brandenburg state labour court (LAG Berlin Brandenburg) declared the dismissal of a severely disabled employee for operational reasons as part of a mass dismissal in insolvency (Air Berlin) invalid, among other reasons, because the employer had involved the works council in the consultation procedure, but not the Body for Severely Disabled Employees.

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Which Works Council is responsible for Recruitment and Transfers in Matrix Structures? (BAG, decision of 12.06.2019 – 1 ABR 5/18)

In corporate groups and companies with different establishments, there are often cross-company and/or cross-establishment functions. It is not uncommon, for example, that the head of a department who is assigned to the head office of the company and also has his actual workplace there at the same time is the direct supervisor of a manager assigned to another establishment and thus indirectly also is authorized to give instructions to the employees subordinated to this manager. Such a cross-company or cross-establishment organization is also called a matrix structure.

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Mandatory Introduction of the electronic certificate of incapacity for work Draft of the Third Bureaucracy Relief Act

The Federal Ministry for Economic Affairs and Energy submitted the draft of the Third Bureaucracy Relief Act (BEG III), with which, among other things, the electronic certificate of incapacity for work (eAU) is to be introduced nationwide.

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Federal Labour Court (Bundesarbeitsgericht – BAG): Unfounded fixed term after 22 years of pre-employment is admissible

As expected, in a recent ruling (dated 21.08.2019 – 7 AZR 452/17) the BAG allowed an exception to the prohibition of an unfounded fixed term after pre-employment, if there is a very long period between the previous termination and the restart of the employment relationship (in this case 22 years).

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FEDERAL LABOUR COURT (BAG – BUNDESARBEITSGERICHT): IS THE WORKS COUNCIL A CONTROLLING BODY WITHIN THE SCOPE OF THE GENERAL DATA PROTECTION REGULATION?, DECISION OF 09.04.2019 – 1 ABR 51/17

Is the works council an independent data processing body within the meaning of the General Data Protection Regulation (GDPR)? So far, this question was answered with a simple “no”.

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Federal Supreme Court (Bundesgerichtshof – BGH): Temporary Agency Workers are to be counted in for the composition of the Supervisory Board

On 20.08.2019, the Second Civil Senate responsible for Corporate Law published the reasons for a resolution of 25.06.2019. (file no. II ZB 21/18). Accordingly, temporary agency workers who are employed on a permanent basis must also be counted when determining the threshold value of employees for a supervisory board with equal representation of shareholders and employees.

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