Category: Arbeitsrecht

The Regional Labour Court in Düsseldorf has confirmed the assumption of many courts of first instance that the presentation of a falsified vaccination certificate entitles the employer to dismiss an employee in certain cases. However, dismissals in these cases are not a foregone conclusion and should be examined carefully. Anyone who falsifies their vaccination certificate and presents it to their employer must expect to be dismissed by the employer.

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

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.

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

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.