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LAG Berlin-Brandenburg: The Creation of a Solely “Virtual Joint Operation” does not Lead to an Operational Alteration

According to the State Labour Court (LAG) of Berlin-Brandenburg (decision of December 10, 2020 – 26 TaBVGa 1498/20), the creation of a solely virtual joint operation does not constitute an alteration in operations within the meaning of sec. 111 Works Constitution Act (Betriebsverfassungsgesetz – BetrVG). Accordingly, the works council is not entitled to demand that the implementation measures be omitted in order to secure its right to negotiate the reconciliation of interests.

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BAG: Equal remuneration for same or equal work? – Presumed discrimination on the grounds of gender in the case of higher comparative remuneration

In case a woman’s remuneration is lower than the comparative remuneration of male employees disclosed by the employer according to the Transparency in Wage Structures Act (Entgelttransparenzgesetz – EntgTranspG) justifies the rebuttable presumption of discrimination on grounds of gender – Federal Labour Court (Bundesarbeitsgericht – BAG), decision of 21 January, 2021 – 8 AZR 488/19.

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