Category: Neuigkeiten

Following a ruling by the Federal Court of Justice (BGH, judgment of 10.01.2023, Ref.: 6 StR 133/22), the Volkswagen Group felt compelled to reduce the salary of a works council member who had been released from his duties by two pay grades. Is VW allowed to do this? No, ruled the Lower Saxony Higher Labor Court (LAG) (judgment of 8 February 2024, Ref.: 6 Sa 559/23) and thus agreed with the Braunschweig Labor Court (ArbG).

The European Court of Justice (ECJ) has made an important decision with regard to the equal treatment of fixed-term and permanent employment contracts (judgment of 20.02.2024, C-715/20). According to a ruling by the judges in Luxembourg, it is necessary for reasons for dismissal to be stated even in the case of fixed-term employment contracts. The case was brought by an employee from Poland who saw a violation of the principle of non-discrimination. The ECJ

On March 1, 2024, the second stage of the new Skilled Immigration Act came into force. One component of this is so-called short-term contingent employment, which enables companies to hire foreign workers at short notice during particularly labor-intensive periods. Many employers are now finding it difficult to fill all the necessary positions during peak periods in their industries.

Many companies are familiar with the problem: employees do not perform to the desired standard, even though they could very probably do better. However, this underperformance is not often sufficient grounds for dismissal, as the Federal Labor Court (BAG) has established the principle that an employee must do what they are supposed to do and „only“ as well as they can.