Category: Arbeitsrecht

Employees may keep corona bonus even after termination

Employees may keep corona bonus even after termination

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

Even during Corona - persistent refusal to work leads to dismissal

Even during Corona - persistent refusal to work leads to dismissal

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.

Racist remarks justify extraordinary dismissal

Racist remarks justify extraordinary dismissal

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

Corona test at the workplace - current legal situation

Corona test at the workplace - current legal situation

In the fight against the corona pandemic, the federal and state governments are increasingly focusing on increasing the number of tests. The third ordinance amending the SARS-CoV-2 Occupational Health and Safety Ordinance, which has been in force since the end of April, therefore also includes workplace testing. Since then, employers have been obliged to test all employees who do not work exclusively from home at least twice a week.
Protection against dismissal in the event of ordered corona quarantine

Protection against dismissal in the event of ordered corona quarantine

In Germany, the Protection against Dismissal Act protects against unjustified and arbitrary dismissals. In principle, however, the Dismissal Protection Act only applies to companies with more than 10 employees. But even in smaller companies, employers do not always have the so-called „fool's freedom“ and dismissal protection lawsuits can be quite successful, as a recent ruling has once again proven. More on this later. First of all, a

Terminated by coughing - The verdict

Terminated by coughing - The verdict

Especially in times of the coronavirus pandemic, some actions that were previously only considered rude or unusual are presented in a completely different light. For example, the Regional Labor Court had to rule on a dismissal without notice based on the fact that the employee in question deliberately coughed at a colleague with the words „may you get corona“ (LRG Düsseldorf,

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