A forged vaccination certificate can lead to dismissal without notice. The decision of the Düsseldorf Regional Labor Court underlines this emphatically (3 Sa 374/22). The ruling is of fundamental importance and is likely to have a major influence on future case law. Whether the dismissal is effective in the specific cases nevertheless depends on the individual case. If employees falsify their vaccination certificate and
If a temporary worker receives less pay under a collective agreement than colleagues employed directly by the company, the employer must compensate them. This was decided by the European Court of Justice in a landmark ruling in December 2022, strengthening the rights of temporary workers. At the same time, the ruling could have consequences for collective agreements. While the core workforce of companies
Health problems following a COVID-19 vaccination are generally not recognized as an accident at work. This was decided by the Social Court in Constance in a ruling on December 9, 2022 (S 1 U 1276/22). A social worker was struggling with health problems following the vaccination and made the claim based on emails from her employer in which the employer referred to the vaccination against the
Shortly before Christmas, the Federal Labor Court made a landmark decision regarding employees' vacation entitlements. According to this ruling, vacation only expires if the employer has notified the employee of their vacation entitlement in advance (9 AZR 266/20). Vacation also does not expire if an employee falls ill. With this ruling, the Erfurt judges are implementing the requirements of the ECJ, which had already ruled in the
The European Court of Justice has strengthened the rights of employees in a ruling from September 22, 2022 (Ref. C-120/21). If employers do not ask their employees to take their legally guaranteed leave, the statute of limitations is excluded. This means that employees may be able to assert vacation entitlements years later. Employee wants financial compensation for vacation days from the past five years
