Alle Beiträge

26. Mar 2015 Special protection against dismissal for in vitro fertilization, BAG 26.03.15 - 2 AZR 237/15

In the case of in-vitro fertilization, the Maternity Protection Act applies from the time of implantation of the fertilized egg, the so-called embryo transfer, and not only at the time of implantation of the egg (nidation) in accordance with Section 9 (1) sentence 1.

Labor law
25. Mar 2015 Overview of the 2015 amendment to the Baden-Württemberg state building regulations

On June 3, 2014, the state government introduced a bill to amend the state building regulations for Baden-Württemberg (state parliament printed paper 15/5294) to the state parliament. The bill was discussed in the state parliament in the plenary session on 05.11.2014 at second reading and passed as law (state parliament printed paper 15/6097). It was promulgated on 11.11.2014 in the state's official gazette (Gesetzblatt für Baden-Württemberg 2014, p. 501 ff). The amendment brings with it numerous changes to building regulations.

Real estate law, public & private construction law, public procurement law
19. Mar 2015 Trainees are liable in the event of damage regardless of age BAG 19.03.2015 - 8 AZR 67/14

Persons undergoing training are liable to the same extent as regular employees in the event of damage caused by them. However, only if the damage was not caused during an "operational activity", as in this case the exclusion of liability according to §105 para. 1 sentence 1 SGB VII applies, meaning that no claims for compensation for pain and suffering or damages can be asserted against the employee.

Labor law
18. Mar 2015 Question of fault in the case of entitlement to continued payment of remuneration in the event of incapacity for work due to alcohol addiction BAG 18.03.2015 - 10 AZR 99/14

Employees are generally not at fault within the meaning of Section 3 (1) EFZG if they are unable to work due to their alcohol dependency. This also applies in the event of a relapse. Whether an alcohol-dependent employee is at fault in the exceptional case of a relapse is determined by a medical expert opinion. Only if this clearly shows that the employer is at fault is the employee not entitled to continued payment of remuneration.

Labor law
17. Mar 2015 Appropriate remuneration also required for publicly funded apprenticeships BAG 17.03.2015 - 9 AZR 732/13

Even if the training position was supported with public funds, the trainee's remuneration must be appropriate in accordance with Section 17 (1) BBiG. The appropriateness depends on the individual functions of the remuneration. One function is to help finance the livelihood of the trainee or their parents. The remuneration is also intended to ensure that a sufficient number of qualified skilled workers are trained. Last but not least, remuneration is also a form of payment to a certain extent. However, in the case of publicly funded training places that would not exist without state support and where the training provider does not benefit from the trainee's work performance, the remuneration aspect does not apply. Nevertheless, the functions of financing livelihoods and promoting young talent must continue to be taken into account when assessing appropriateness.

Labor law
12. Mar 2015 Unlawful threat precludes the validity of a waiver of action clause in a termination agreement BAG 12.03.2015 - 6 AZR 82/14

A waiver of action clause in a termination agreement pre-formulated by the employer is a general terms and conditions clause, which is therefore subject to the content review of Section 307 BGB. A waiver of legal action must therefore not unreasonably disadvantage the employee within the meaning of Section 307 (1), (2) No. 1 BGB. If the employee only signs the termination agreement in order to avoid the threat of extraordinary dismissal, an unreasonable disadvantage can be assumed if a reasonable employer could not seriously consider the threatened dismissal.

Labor law
19. Feb 2015 Consent to the publication of video recordings of an employee does not automatically expire with the end of the employment relationship BAG 19.02.2015 - 8 AZR 1011/13

Written consent to the publication of video recordings of an employee granted in accordance with Section 22 KUG does not expire at the end of the employment relationship. However, it can be revoked by stating a plausible reason.

Labor law
19. Feb 2015 Surveillance by a detective, including secret image recordings, is only permitted if there is concrete suspicion. BAG 19.02.2015 - 8 AZR 1007/13

Both the commissioning of a detective and the secret recording of images to monitor an employee must be based on a suspicion based on concrete facts. It is not sufficient that the certificate of incapacity for work comes from different doctors, that the clinical picture changes or that a slipped disc was initially treated by a general practitioner. If the requirements for such a suspicion are not met, the monitoring constitutes an unlawful violation of the general right of personality, which can justify compensation for pain and suffering.

Labor law
12. Feb 2015 Suspected termination of a vocational training contract is possible. BAG 12.02.2015 - 6 AZR 845/13

If there is a strong suspicion of a serious breach of duty by the trainee, the trainee may be given notice of termination for good cause in accordance with Section 22 Para. 2 No. 1 BBiG, provided that it is objectively unreasonable for the trainee to continue the training relationship. In particular, the special features of the training relationship must be taken into account when considering the question of unreasonableness.

Labor law
10. Feb 2015 No proportionate reduction in vacation when switching to part-time work with fewer working days per week. BAG 10.02.2015 - 9 AZR 53/14

If a full-time employee changes to a part-time job with fewer working days per week without having taken their vacation beforehand, the number of days of paid annual leave may not be reduced proportionately due to the change to part-time employment. This applies to the vacation entitlement acquired during full-time employment. In this respect, the collective bargaining provision of Section 26 (1) TVöD violates the prohibition of discrimination against part-time employees, to which the ECJ has referred.

Labor law
18. Dec 2014 Severe obesity as a disability within the meaning of the Anti-Discrimination Directive. ECJ 18.12.2014 - C 354/13 (Kaltoft)

Obesity can constitute a disability within the meaning of European anti-discrimination law if it entails a restriction that is attributable to psychological, mental and physical impairments and is an obstacle to equal participation in working life.

Labor law
20. Nov 2014 One boob grab does not a termination make. BAG 20.11.2014 - 2 AZR 651/13

Touching an employee's breast is indeed sexual harassment and in principle constitutes good cause for extraordinary dismissal. However, whether this is actually sufficient for dismissal in an individual case is a question of proportionality to be determined by the circumstances of the individual case.

Labor law

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