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
The Federal Cabinet has extended the SARS-CoV-2 Occupational Health and Safety Ordinance, which expired on March 15. This ordinance, which was issued in January, is intended to supplement the SARS-CoV-2 occupational health and safety standard developed last year. In view of the rising incidence figures, there are still no signs of any easing in this area. The current provisions on occupational health and safety and the reduction of operational personnel contacts therefore remain in place. Through
With its ruling of 27 May 2020 (case reference: 5 AZR 387/19), the Federal Labour Court (BAG) has changed its previous case law and for the first time recognizes an employer's right to information from the employee in order to better assess and, if necessary, prove the employee's malicious failure to earn money elsewhere. This makes it easier for employers to determine the amount of claims for delayed acceptance wages, at least
