Labour Law has become a fast-moving area of law, in particular due to the rulings of the Federal Labour Court. There is a constant influx of decisions, especially when it comes to questions of detail. VDMA Legal Services offer a constantly updated overview of the decisions and legal developments relevant to companies and HR managers.
In accordance with § 7 para. 3 BUrlG, leave can generally only expire if the employer has specifically requested the employee to take the leave and has clearly and timely informed him that the leave otherwise expires at the end of the calendar year.
On 25.11.2019, the Second Act on the Adaptation of Data Protection to EU Regulation 2016/679 and on the Implementation of EU Directive 2016/680 (2nd DSAnpUG-EU) was published in the Federal Law Gazette.
The Federal Employment Agency (Bundesagentur für Arbeit, BA) revised its technical directives on the handling of the Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, AÜG) with effect from 1 August 2019.
The new Directive on transparent and predictable working conditions entered into force on 31 July 2019. The Directive represents a revision of the previous Detection Directive 91/533/EEC and must be implemented by 1 August 2022.
In an existing employment relationship, severely disabled persons can demand the performance of the employment relationship from their employer up to the limit of reasonableness according to § 164 Para. 4 SGB IX (until 31 December 2017: § 81 Para. 4 SGB IX aF) in accordance with their health situation.
For the first time, an employer has been sentenced to provide information pursuant to Article 15 DSGVO and to publish a data copy in the context of a dismissal protection suit (see LAG Baden-Württemberg, Urt. v. 20.12.2018 - 17 Sa 11/18).
An employee's entitlement to paid annual leave usually expires at the end of the calendar year only if the employer has previously informed him of his specific holiday entitlement and the expiry periods and the employee has not taken the holiday of his own free will. This was decided by the Federal Labour Court in its judgment of 19.02.2019 (Case No. 9 AZR 541/15).
Parental leave already taken for the first two years of the child's life can also be extended to the child's third year without the employer's consent. This was decided by the LAG Berlin-Brandenburg in its judgement of 20.09.2018 (Case No. 21 Sa 390/18).
If the employment relationship ends as a result of the death of the employee, his heirs are entitled to compensation for the leave not taken by the testator in accordance with § 1922 (1) BGB in conjunction with § 7 (4) BUrlG.
In order to effectively exercise its monitoring rights under § 80(1) of the BetrVG, the works council is entitled under § 80(2) sentence 2(2) of the BetrVG to inspect the non-anonymised lists of gross wages and salaries.
According to § 14 (2) sentence 2 TzBfG, the unfounded fixed term in time of an employment contract is not permissible if an employment relationship of approximately one and a half years' duration had already existed between the employee and the employer eight years previously, and there was a comparable work task.
A provision in a collective agreement may, in accordance with § 4 (1) TzBfG, under which part-time workers may not be discriminated against in relation to full-time workers, be interpreted as meaning that part-time workers are liable to pay overtime bonuses for working time exceeding the respective part-time quota, even if the working time of a full-time job is not exceeded. This was decided by the Federal Labour Court in its judgment of 19.12.2018 (Ref. 10 AZR 231/18).
If a pension provision provides that the survivor's pension of a younger surviving spouse is reduced by 5 % for each full year of the age difference between the spouses exceeding ten years, this does not constitute discrimination on grounds of age contrary to the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG). This was decided by the Federal Labour Court in its judgment of 11.12.2018 (Ref. 3 AZR 400/17).
The provision in § 41 sentence 3 SGB VI, which enables the parties to the employment contract to postpone the date of termination by agreement during the employment relationship in the event of the agreed termination of the employment relationship upon reaching the standard retirement age, is effective.
This month we are updating our privacy statement to better understand what information we collect and why. We have also taken steps to improve our features to protect your information and privacy.
There is no change to your current settings or how your data is processed. We have merely improved the explanation of our procedures and explain to you in more detail what options you have to update, manage and delete your data.
We take the protection of your personal data and their confidential treatment very seriously.
General information about the scope of processing of your personal data and about your data protection rights can be found at www.vdma.org/datenschutz.
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