Category: Arbeitsrecht

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.

Working time fraud: be careful when recording time in the home office

Beware of working time fraud in the home office

Working from home has become an integral part of many employees' everyday working lives. In addition to work, it is easier to be more flexible there than in the office, to look after children and to feel comfortable within your own four walls. But there are also dangers lurking in the home office: In the worst case, inaccurate recording of working hours can lead to dismissal. We have

Landmark ruling on the co-determination rights of works councils for special payments

Landmark ruling on the co-determination rights of works councils for special payments

In a decision dated May 20, 2022, the Regional Labour Court of Cologne ruled that if the works council refuses to approve a special payment, a decision by the conciliation committee can replace it (9 TaBV 19/22). The Cologne Regional Labor Court thus contradicts previous rulings. In Germany, works councils have a right of co-determination in matters relating to wage setting in companies and businesses. This right of co-determination is

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