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.
Read more “LAG Berlin-Brandenburg: The Creation of a Solely “Virtual Joint Operation” does not Lead to an Operational Alteration”
An agreement according to which the employee travels to a professional training requested by the employer one day before the start of the first day of the training – which was initially also intended as the start of the contract for a fixed-term employment relationship – leads to the mutually agreed shifting of the start of the employment relationship to the day of travel, according to the Düsseldorf Regional Labour Court (LAG), decision of February 21, 2020 – 10 Sa 252/19.
Read more “LAG Düsseldorf: Day of travel to a professional training is considered as first working day – fixed-term agreement invalid”
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.
Read more “BAG: Equal remuneration for same or equal work? – Presumed discrimination on the grounds of gender in the case of higher comparative remuneration”
Not only politics but also the judiciary are currently dealing with modern forms of employment and the ongoing digitalisation of the world of work. Last week the Federal Labour Court (Bundesarbeitsgericht – BAG) had to decide on the employee status of a crowdworker. Contrary to the previous instances, the BAG recognised in the case to be decided that the crowdworker’s work was dependent on instructions and determined by others. Thus, the contractual relationship between the crowdworker and the crowdsourcing company was to be regarded as an employment relationship, decision of 01 December 2020 – 9 AZR 102/20.
Read more “BAG: Crowdworkers may be regarded as Employees”
In its decision of 29 September 2020 (9 AZR 266/20), the Federal Labour Court (Bundesarbeitsgericht – BAG) referred the question to the European Court of Justice (ECJ) for a preliminary ruling on whether Article 7 of the Working Time Directive 2003/88/EC and Article 31(2) of the Charter of Fundamental Rights of the European Union preclude application of the national statute of limitations (§§ 194 et seq. BGB).
Read more “Endless leave – ECJ must decide on the limitation period for unexpired leave entitlements”
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”
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”
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”
Employees may refuse to use an electronic time recording system operated with a fingerprint scanner if its use is not necessary, e.g. to prevent misuse in time recording – according to the ruling of the Berlin-Brandenburg Regional Labour Court (LAG) of 4 June, 2020 – 10 Sa 2130/19.
Read more “Employees may refuse to record time by fingerprint”
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”