Category: Arbeitsrecht

Schwarzarbeitsbekämpfungsgesetz: Das müssen Arbeitgeber und Arbeitnehmer wissen

Schwarzarbeitsbekämpfungsgesetz: Das müssen Arbeitgeber und Arbeitnehmer wissen

Es ist und bleibt eines der großen Probleme auf dem deutschen Arbeitsmarkt: Schwarzarbeit. Im Jahr 2020 gingen hier ansässigen Unternehmen Umsätze in Höhe von 800 Milliarden Euro verloren, in den Jahren zuvor werden die Verluste ebenso auf mehrere Hundert Milliarden Euro taxiert. Das Gesetz zur Bekämpfung von Schwarzarbeit und illegaler Beschäftigung (Schwarzarbeitsbekämpfungsgesetz – SchwarzArbG) gibt

No entitlement to payment of an aggravation allowance under the collective agreement when wearing a simple surgical mask

Aggravation allowance for wearing a simple surgical mask

Employers do not have to pay their employees a collectively agreed hardship allowance if they are required to wear a simple surgical mask. This was decided by the Stuttgart Regional Labor Court in a ruling on March 23, 2022 (2 Sa 31/21). In the specific case, the employee of a glass and building cleaning company had sued for several hundred euros in aggravation pay. An appeal to the Federal Labor Court is

Unvaccinated nursing staff do not have to be employed in retirement homes

Unvaccinated nursing staff do not have to be employed in retirement homes

Care facilities do not have to continue to employ employees who have not been vaccinated against the coronavirus. This was decided by the Hesse Higher Labor Court in two rulings on August 11, 2022 (Ref. 5 SaGa 728/22 and 7 SaGa 729/22). Among other things, the decision was based on the fact that the mandatory proof of a coronavirus vaccination in accordance with the Infection Protection Act is a prerequisite for employment.

Car allowance vs. company car: which is better for you

Car Allowance Model: Advantages & Disadvantages

Despite increasingly environmentally conscious companies, they are still in vogue: company cars. Over five million such vehicles are currently in use on Germany's roads, transporting employers and employees from one appointment to the next. An alternative to the classic company car is the „Car Allowance“ model, which is also becoming increasingly popular in Germany. Although this is
Officially ordered quarantine during vacation

Officially ordered quarantine during vacation

If an employee has to go into quarantine during their working vacation due to an official order, even though they are not ill with coronavirus, they can demand their vacation days back from their employer. The Hamm Regional Labor Court made a ruling to this effect on 27.01.2022. The case is now before the European Court of Justice, as the Federal Labor Court referred the case to it. Can employees

Dismissal due to frequent short-term illnesses may be lawful

LAG judgment: Dismissal due to frequent short-term illnesses

If an employee is regularly absent from work due to frequent short-term illnesses, they can be dismissed by their employer. This was decided by the Düsseldorf Regional Labor Court in a ruling dated May 17, 2022 (14 Sa 825/21). The competent judges based their decision, among other things, on a negative health prognosis for the employee and an impairment of the employer's operational interests.

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