German Federal Labor Court

In Germany, Allowing Employees to Post on a Company’s Facebook Page is Subject to Co-determination Rights of the Works Council

André Zimmermann and Louisa KallhoffPosted on December 22, 2016

The German Federal Labor Court (Bundesarbeitsgericht – BAG) has ruled that when an employer provides Facebook users access to publish posts on the company’s Facebook page that relate to the behavior or performance of individual employees, that process is subject to negotiation and co-determination of the works council.

The ruling is of particular significance especially for companies with an existing works council in Germany that operate a Facebook page or a page on a similar social network with a commenting function for users.

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

André Zimmermann and Louisa KallhoffPosted on April 28, 2016

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).

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

André ZimmermannPosted on November 25, 2015

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.

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

Editorial BoardPosted on September 17, 2014

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.

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

Editorial BoardPosted on July 10, 2013

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?

Editorial BoardPosted on May 15, 2013

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 →

Employment Law and Litigation