News on Labour Law

20.02.2019
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).
13.02.2019
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).
13.02.2019
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.
13.02.2019
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.
13.02.2019
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.
22.01.2019
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).
21.01.2019
With the introduction of the so-called bridge part-time work on 1 January 2019, work on call in accordance with § 12 TzBfG was also newly regulated.
21.01.2019
The provisions of § 622 (2) sentence 2 BGB and § 29 (4) German Homework Act were repealed as of 1 January 2019.
21.01.2019
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).
21.01.2019
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.
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RA Dr. Christian Hess
RA Dr. Christian Hess
Legal Counsel (Syndikusrechtsanwalt)

Labour Law, Digitization, Data Protection Law, Public Procurement Law, Product Liability Law
+49 69 6603-1268
+49 69 6603-2268
RA Fabian Seus
RA Fabian Seus
Legal Counsel

Head of Competence Center Labour Market

Labour Law, Labour Market and Collective-Bargaining Policies
+49 69 6603-1350
+49 69 6603-2350