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.
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.
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