News on Labour Law

The Federal State of Bavaria has submitted a proposal to the Bundesrat to revise the Working Hours Act (ArbZG).
New judgment of the Federal Labour Court of 21.08.2019 (Case No. 7 AZR 452/17) on the prohibition of pre-employment in the case of unfounded time limits.
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.
Works council members must submit proof of the expenses to be reimbursed as far as possible and reasonable.
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.
The Court of Justice of the European Union ruled on 14.05.2019 that Member States must oblige employers to set up a system to measure daily working time (ECJ, judgment of 14.05.2019 - C-55/18).
An accident at work does not occur if an insured person is attacked on a business trip on the way to the hotel and injured in an attempt to recover his stolen purse.
The provision of § 17 (1) sentence 1 BEEG, according to which leave is taken for the period of parental leave but this entitlement can be reduced, is in line with Union law.
For the purpose of calculating the statutory minimum leave, periods of unpaid special leave shall not be taken into account.
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).
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.
The provisions of § 622 (2) sentence 2 BGB and § 29 (4) German Homework Act were repealed as of 1 January 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).
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.
VDMA is offering its members an overview on the legal situation, available in English and German.
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