Can companies use video recordings to prove working time fraud? This is possible under certain circumstances, the Federal Labor Court ruled in a much-noticed judgment (judgment of 29 June 2023, ref. 2 AZR 296/22). As the recordings in this case documented working time fraud, there was no prohibition on exploitation. For an employee who has been working in a large metalworking company since 1995
The Federal Social Court has clarified that Parental Allowance Plus can also be claimed if one parent falls ill for a longer period of time during the partnership bonus months and no longer receives continued pay (judgment of 07.09.2023, ref. B 10 EG 2/22 R). In a recent ruling, the 10th Senate of the Federal Social Court (BSG) made it clear that the entitlement to parental allowance
A drinking session in the company's own winery ended with a sales representative and a colleague being dismissed without notice. The judges at the Düsseldorf Regional Labor Court (LAG) have now ruled that the dismissal was lawful. There had been a „serious breach of duty“ by the employees (judgment of 12.09.2023, ref. 3 Sa 284/23). After the Christmas party of a winegrowers' cooperative, a sales representative
If work teams in a company are changed, this may constitute a transfer subject to co-determination despite the tasks remaining the same. This was decided by the Higher Labor Court in Thuringia, pointing out that a possible change in the „work regime“ for the employee is decisive in determining whether or not a transfer has taken place. If changes are made to the team assignment in a larger company, this may
If offensive content is posted against superiors or colleagues in a private chat group, this can justify extraordinary dismissal. This was recently decided by the Federal Labor Court in Erfurt in a case involving seven colleagues who were employed by an airline and were discussing their work in a WhatsApp group. This included vile insults against one of the
The establishment of a one-person company does not exempt nursing staff and other professional groups from their own social security obligations. This was decided by the judges of the Federal Social Court (BSG) in three appeal proceedings at the end of July (Ref.: B 12 BA 1/23 R, B 12 R 15/21 R and B 12 BA 4/22 R) and referred to the fact that the contractual agreements and their implementation in the
