Category: Arbeitsrecht

The Federal Labor Court (BAG) has issued a landmark ruling on the unpaid leave of unvaccinated nursing staff as a result of the facility-based vaccination requirement. According to the ruling, employers were entitled to give their employees unpaid leave, as they were merely implementing the rules of the Infection Protection Act by granting leave. Employers were also allowed to reduce employees' vacation entitlement on a pro rata basis (judgment of 19 June 2024, case no. 5 AZR 167/23). The

Especially in the peak times of Corona, it could happen that some vacation days had to be spent in quarantine. Employees are not credited these vacation days in isolation, the Federal Labor Court (BAG) ruled in continuation of the case law of the European Court of Justice (ECJ) (judgment of 28.05.2024, ref. 9 AZR 76/22). Many employees are likely to have experienced the situation themselves during the pandemic:

Darf der Arbeitgeber eine Betriebsratswahl für unwirksam erklären, weil sich nicht genügend Kandidaten für das Amt bewerben und gewählt werden? Nein, urteilte jetzt das Bundesarbeitsgericht (BAG) und stellte fest, dass auch ein kleinerer Betriebsrat zulässig sein kann (Urt. v. 24. April 2024, Az. 7 ABR 26/23). Was passiert, wenn sich nicht genügend Kandidaten gemäß der

If an employee refuses to wear the work clothing prescribed by the employer, in the worst case scenario, the employee must expect to be dismissed. This is shown by a recent ruling by the Solingen Labor Court (judgment of 15.03.2024, Ref.: 1 Ca 1749/23). Even rules that are perceived as petty can have massive consequences for employees. A dress code in companies can be perceived as annoying by employees.