Category: Arbeitsrecht

The European Court of Justice (ECJ) has made an important decision with regard to the equal treatment of fixed-term and permanent employment contracts (judgment of 20.02.2024, C-715/20). According to a ruling by the judges in Luxembourg, it is necessary for reasons for dismissal to be stated even in the case of fixed-term employment contracts. The case was brought by an employee from Poland who saw a violation of the principle of non-discrimination. The ECJ

On March 1, 2024, the second stage of the new Skilled Immigration Act came into force. One component of this is so-called short-term contingent employment, which enables companies to hire foreign workers at short notice during particularly labor-intensive periods. Many employers are now finding it difficult to fill all the necessary positions during peak periods in their industries.

Many companies are familiar with the problem: employees do not perform to the desired standard, even though they could very probably do better. However, this underperformance is not often sufficient grounds for dismissal, as the Federal Labor Court (BAG) has established the principle that an employee must do what they are supposed to do and „only“ as well as they can.

If an employer plans to shut down a business in stages, special rules apply for social selection in the event of redundancies for operational reasons. The Düsseldorf Regional Labour Court (LAG) issued a groundbreaking ruling on this in January and clarified that „in principle, the employees most worthy of social protection must be employed to carry out the winding-up work“ (judgment of 09.01.24, Ref.: 3 Sa 529/23). Are employers

The Mecklenburg-Vorpommern Regional Labor Court issued an important ruling in November 23 regarding the requirements for the external form of employment references (LAG Mecklenburg-Vorpommern v. 2.11.2023 - 5 Sa 35/23). According to this ruling, it must be clear at first glance who issued the reference and what position they hold in the company. The corresponding signature