Category: Arbeitsrecht

The Protection against Dismissal Act provides essential protection for employees to defend themselves against socially unjustified dismissals. However, the Dismissal Protection Act does not apply to all companies and employment relationships. In addition to the employee status of the person concerned, the size of the company is also decisive for the question of whether the Dismissal Protection Act applies. The company in question must have at least 10 employees. The Federal Court of Justice had to

Fixed-term employment contracts are a popular instrument used by companies to keep their workforce flexible. As fixed-term employment contracts expire, the workforce can easily be reduced considerably if necessary without the need for redundancies and thus possible unavoidable dismissal protection proceedings. This circumvents the protection against dismissal for employees that prevails in Germany. For employees, on the other hand

Numerous employees have received a so-called corona bonus from their employers as part of the corona crisis. It has not yet been clarified how these payments are to be legally classified and under what conditions the employer can demand repayment of the payments. These questions are particularly relevant for employees who want to change their employer. We clarify these questions on the basis of a current

High standards are set for dismissals in Germany. This is intended to protect employees from arbitrary dismissals. However, this does not constitute carte blanche for any arbitrary behavior. Even during the coronavirus crisis, employees are still obliged to work. If a home office is not possible for a particular activity, work must be carried out in the respective company and within the framework of the hygiene protection standards.

Careless comments made to superiors or colleagues can quickly have consequences under employment law, including dismissal for cause. Although freedom of expression generally applies in Germany, it is not unlimited. Anyone who makes racist or offensive comments to their employer, superior or colleagues must expect consequences under employment law. Whether a statement is ultimately considered racist or