Can employers reclaim money from employees if they are idle while working from home? The Regional Labor Court in Mecklenburg-Vorpommern ruled in a judgment that the employer must prove that the employee did not perform their work and to what extent. If the employer cannot prove this, there is no entitlement to repayment (Ref.: 5 Sa 15/23).
Severance pay is often paid by the employer when an employment relationship is terminated. Although there is generally no entitlement to a severance payment, it is often granted in order to avoid an action for unfair dismissal or to end ongoing legal proceedings by means of a settlement. It should be noted that the severance payment must also be taxed. For employees
Can the managing director invoke protection against dismissal in accordance with Section 613a BGB in the event of a transfer of business just like ordinary employees? The Federal Labor Court ruled that the employment relationship is transferred to the new employer, but not the position as managing director (judgment of July 20, 2023, Ref.: 6 AZR 228/22). The Regional Labor Court in Hamm had dismissed the employee's claim for
If no additional agreement is made between the employee and employer regarding weekly working hours, the legally prescribed 20 working hours per week apply to on-call employees, which must also be remunerated. This was decided by the Federal Labor Court on October 18 in a landmark ruling (5 AZR 22/23). A call-off worker from North Rhine-Westphalia had demanded back pay after she had been employed for fewer hours.
The Higher Labor Court of Lower Saxony has clarified that the misuse of an official fuel card for private purposes justifies termination without notice without prior warning (judgment of 29.03.2023, Ref.: 2 Sa 313/22). The competent judges found a significant breach of work duties, which makes a warning unnecessary. If an employee fills up his private vehicle with a fuel card provided by his employer
