Category: Neuigkeiten

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

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“