Category: Arbeitsrecht

BAG ruling strengthens the rights of released works council members in the event of remuneration adjustments

BAG strengthens the rights of released works council members in the event of remuneration adjustments

On March 20, 2025, the Federal Labour Court (BAG) issued an important ruling on the remuneration of released works council members (case no.: 7 AZR 46/240). The decision clarifies important questions regarding the burden of presentation and proof when adjusting the remuneration of this group of people. Remuneration of released works council members According to Section 37 (4) sentence 1 of the Works Constitution Act (BetrVG), works council members are entitled to remuneration that corresponds to that of comparable employees.

Unreasonable relocation: LAG Cologne stops 500 km job change

Unreasonable relocation: LAG Cologne stops 500 km job change

More and more employees have been working from home permanently since the pandemic. But what happens if the employer suddenly insists that the workplace is hundreds of kilometers away? A recent ruling by the Regional Labor Court of Cologne shows that such a transfer is not always permissible. Facts of the case A long-standing employee had been working predominantly from home for three years. In the

Termination on medical advice - risks and tips

Resignation on medical advice - risks and tips

If your doctor recommends that you terminate your employment contract for health reasons, it is essential to carefully weigh up the legal and financial consequences of such a termination. Below you will find answers to the most urgent questions on this topic as well as practical recommendations for action. Our experienced lawyers will also be happy to advise you on your individual case. You need legal advice on
Time off: No obligation to take up a job early

Time off: No obligation to take up a job early

In a recent ruling dated February 12, 2025 (Ref. 5 AZR 127/24), the Federal Labor Court (BAG) clarified that employees are not obliged to take up new employment prematurely during a leave of absence in order to relieve the previous employer financially. Background to the case A senior consultant who had been employed since November 2019 and received a gross monthly salary of

Retirement pension and still working? What do I need to bear in mind?

Retirement pension and still working? What do I need to bear in mind?

Pensions are often not enough, which is why many people ask themselves when they reach retirement age whether they can continue to work and how this will affect their pension and social security contributions. In our legal tip, we have discussed the most pressing questions on this topic. Do you need legal advice on employment law or tax law? Get in touch now! 06173 - 318 170

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