Category: Arbeitsrecht

Protection against dismissal for severely disabled persons even during the probationary period

No preventive procedure in the event of dismissal of a severely disabled person within the waiting period of the KSchG

On April 3, 2025, the Federal Labor Court (BAG) issued a groundbreaking ruling (case no. 2 AZR 178/24): In the event of the ordinary dismissal of a severely disabled employee within the six-month waiting period, during which the Dismissal Protection Act (KSchG) does not yet apply, there is no obligation to carry out a prevention procedure in accordance with Section 167 (1) SGB IX. Key contents of the ruling No obligation

When the employment relationship becomes unreasonable - judgment of the Cologne Higher Labor Court (file no. 4 SLa 97/25)

When the employment relationship becomes unreasonable - judgment of the Cologne Higher Labor Court (file no. 4 SLa 97/25)

The judgment of the Cologne Higher Labor Court of July 9, 2025 (case no. 4 SLa 97/25) marks an important precedent in German labor law, which makes it clear how far employers' duties to protect go, especially when managers burden the employment relationship with insulting, derogatory and sexist statements to such an extent that it is no longer psychologically reasonable for the person concerned. This

No pay after tattoo complication - LAG Schleswig-Holstein on continued remuneration

No pay after tattoo complication - LAG Schleswig-Holstein on continued remuneration

In May 2025, the Schleswig-Holstein Higher Labor Court (LAG) sent a clear signal: If a tattoo causes an infection and the employee is unable to work as a result, the entitlement to continued payment of wages no longer applies - because the inability to work is self-inflicted. Judgment of May 22, 2025 (Ref. 5 Sa 284 a/24). Refusal to continue to pay wages in the event of tattoo inflammation A nursing assistant had her

Love in the office: What is allowed? - for employees & employers

Love in the office: what is allowed in workplace relationships?

Flirtation or risk of dismissal? More and more couples are getting to know each other at work. But what rules actually apply to romantic relationships in the workplace? When is the employer allowed to intervene - and when not? This article provides an overview for employees and employers. Table of contents: Are colleagues allowed to be a couple? What applies to relationships between superiors and subordinates? May the employer
BAG ruling - Fixed term remains effective despite works council mandate

BAG ruling: Fixed-term employment permissible despite works council mandate

In its ruling of June 18, 2025, the Federal Labour Court (Bundesarbeitsgericht, BAG) made a decision that is significant for employment law practice (Federal Labor Court, ruling of June 18, 2025 - 7 AZR 50/24). The central question was whether the fixed term of an employment relationship remains permissible even if the employee in question is elected to the works council during the term of the contract.

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