German Federal Labor Court

Germany – Premium Paid by Employer for Leaving Trade Union is Unlawful

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Powerful trade unions often are a thorn in the side of employers. But if a company tries to reduce the trade unions’ influence, it may violate the freedom of association under Article 9 section 3 of the German Constitution (Grundgesetz – GG). This was made clear in a recent ruling of the Labor Court (Arbeitsgericht) Gelsenkirchen (judgment of March 9, 2016 – 3 GA 3/16).

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“Temporary Employees” in Germany need to be Temporary under New Draft Law

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After a long wait the time has finally come: the draft ministerial bill regarding the reform of the German Act on the Supply of Temporary Employees (Arbeitnehmerüberlassungsgesetz – AÜG) is out. On November 16, 2015, the draft bill entered “early coordination,” i.e. a period of coordination with the Office of the Federal Chancellor prior to coordination between the various ministerial departments. The cabinet decision is due by the end of the year. The law is expected to come into effect on January 1, 2017.

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Unpaid Leave (Sabbatical) Triggers Days of Paid Vacation in Germany

3 Minutes to 12:00

Like in other countries, the parties to an employment agreement in Germany are free to agree on a sabbatical – a defined period during which the employment relationship is suspended. The employee is released from his active duties, and the employer is not obliged to pay remuneration and benefits throughout the agreed sabbatical.

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Job Interviews in Germany: No Right to ask Applicants about Preliminary Investigations by Public Prosecution Office

Blue Globe

The German Federal Labor Court (Bundesarbeitsgericht) recently passed a decision (BAG, November 11, 2012 – 6 AZR 339/11) that dealt with an “evergreen” of German labor law: What questions employers may ask in interviews with job applicants and what questions are not allowed to be asked. READ MORE

Germany: Have Rejected Job Applicants the Right to Know the Reasons for Not Getting the Job?

Global Finance

Recently, the German Federal Labor Court (Bundesarbeitsgericht “BAG”) rendered a decision which had been awaited with interest by German employers (BAG, April 25, 2013 – 8 AZR 287/08) with regard to information rights of rejected job applicants. READ MORE