Category: Arbeitsrecht

Employer's right to information in default of acceptance proceedings

Employer's right to information in default of acceptance proceedings

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

Attention employers - short-time working allowance only in non-terminated employment relationships

Attention employers: short-time working allowance only for employees who have not been dismissed

The impact of the coronavirus crisis on the economy is severe. One instrument to alleviate the difficult situation for companies is the short-time working allowance (KUG) granted by the Federal Employment Agency. However, employers should urgently observe a few conditions. Prerequisite for short-time working allowance The short-time working allowance from the Employment Agency is only granted for employment relationships that have not been terminated. The aim of the

Federal Social Court: Obligation to pay contributions for fuel vouchers and advertising space fees

Obligation to pay contributions for fuel vouchers and advertising space fees

According to a recent ruling by the Federal Social Court, fuel vouchers and remuneration for advertising space can constitute remuneration subject to social security contributions if they merely replace gross wages. This is also the case if these remunerations fall below the de minimis limit of EUR 44 relevant under tax law (BSG ruling of 23.02.2021 - B 12 R 21/18 R). Decision by the Federal Social Court on the „non-cash benefit“

Crowdworking and employment law: the 4 most important questions and answers

Crowdworking and employment law: the 4 most important questions and answers

Nowadays, crowdworking and corresponding provider platforms such as AppJobber, Freelancer or Clickworker are becoming increasingly popular. Companies are tempted by the opportunity to work conveniently and flexibly from home via the internet. However, many activities and employers do not give a particularly reputable impression. Employees who work in crowdworking / crowdsourcing are often perceived as an army of
Dismissal for operational reasons ineffective in the case of permanent employment of temporary workers

Dismissal for operational reasons ineffective in the case of permanent employment of temporary workers

As an employee, dismissal for operational reasons is often like a slap in the face. Fears about the future are often mixed with a feeling of powerlessness. Many dismissals, including dismissals for operational reasons, are legally contestable. On 2 September 2020, the Cologne Regional Labour Court (LAG) ruled in favour of an employee who took legal action against his dismissal for operational reasons. The ruling was justified on the grounds that the employer had permanently

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