Category: Arbeitsrecht

Fewer and fewer companies in Germany have a works council. A prerequisite for the establishment of a works council is the presence of five employees. According to the explanatory memorandum to the law, only one in ten companies that meet the requirements for setting up a works council have one. This is particularly the case in the building cleaning and construction sectors.

It is a tricky situation for employees. How should you react if your superior or the managing director appears to be behaving unlawfully? The Dessau-Roßlau Labor Court had to deal with this question in the context of an action for protection against dismissal. An employee had called the police due to apparently unlawful behavior and was subsequently dismissed - wrongly, as

The coronavirus crisis poses enormous challenges for many companies. The relationship between employees and employers is also under considerable strain in some cases. In addition, many new questions have arisen that have come to the fore as a result of the current situation. For example, the Offenbach Labor Court has now been confronted with the question of whether an employer may deny its employee access to the company,

The LAG Düsseldorf answered the question of whether zero short-time work, i.e. the complete cessation of work as part of short-time work, reduces the vacation entitlement of the employees concerned with a clear „yes“. It agreed with the decision of the lower court, the Essen Labor Court. Facts of the case: Vacation canceled after short-time work The plaintiff was employed as a sales assistant with

The hurdles for justifying an extraordinary termination without notice are high. The conduct of the dismissed employee must make it unreasonable for the employer to continue the employment relationship until the end of the notice period. The question of whether a warning is necessary first arises before labor courts, particularly in the case of first-time breaches of duty. Such a question has now also been raised by the labor court