Darf der Arbeitgeber Weihnachtsgeld streichen oder kürzen? Viele Arbeitnehmerinnen und Arbeitnehmer freuen sich im November auf das Weihnachtsgeld – oft als „Sonderzahlung“, „Jahressondervergütung“ oder „Gratifikation“ bezeichnet. Gerade in wirtschaftlich angespannten
Dismissal for operational reasons - requirements, case law and options for action Dismissal for operational reasons is often a shock for employees. However, it is only effective if the employer fulfils certain legal requirements. Mistakes
Termination with notice of change - opportunities, risks and case law for employees and employers Termination with notice of change is an instrument under labour law that has significant consequences for both employers and employees. It combines a
Anyone who is made redundant often faces an emotionally and organisationally challenging time. In addition to coming to terms with the loss of a job, it is important to quickly find new career prospects. The law provides support here
Conflicts occasionally arise in the world of work that can lead to dismissal for behavioural reasons. But when is such a dismissal legal and what should you do if you are
The instrument of the warning letter is used in various forms in many areas of law. Tenants who do not comply with the tenancy agreement can receive warnings, as can entrepreneurs who advertise unfairly,
The introduction of short-time working in a company is subject to the condition that the employer assumes that the loss of work will only be temporary. Dismissals for operational reasons, on the other hand, require a longer-term or permanent loss of employment.
As is well known, employment relationships can be terminated not only by termination without notice or with notice, but it is also possible to terminate the contract by mutual agreement by means of a cancellation agreement. We answer some of the questions that
A frequently asked question in labour law advice is: „How much is the severance payment?“ Both employers who want to give notice and employees who have been dismissed want to know,
If an employee receives notice of dismissal - whether with or without notice - they must file an action for protection against dismissal with the labour court within three weeks if the termination of the employment relationship is not in accordance with the law.
Labour law in Germany is complex, especially when it comes to appealing to the labour court in cases of dismissal. § Section 4 of the Dismissal Protection Act (KSchG) regulates important aspects that every employee should be aware of.
In the digital age, private communication channels such as WhatsApp are playing an increasingly important role - including in the world of work. Many employees use private chat groups to discuss colleagues and superiors. But
The Federal Labour Court (BAG) recently issued an important ruling (Ref. 5 AZR 137/23; press release) that deals with the credibility of certificates of incapacity for work (AU certificates). This judgement is particularly relevant for employers
Incapacity for work due to illness is a frequent and sensitive topic in labour law. It becomes particularly complex when it comes to so-called continuing illnesses. In this blog post, we shed light on the current legal
n labour law, it often comes down to the finer points of contracts. A judgement by the Nienburg Labour Court (Ref. 1 Ca 165/22) in which we won a victory for our client,
On what grounds can an employer actually give notice of dismissal? It is becoming increasingly common to hear about dismissal protection proceedings that revolve around supposedly trivial matters. On 26 February 2010, for example, the Rhineland-Palatinate Regional Labour Court ruled on
The Bremen-Bremerhaven Labour Court has ruled on an employee's claim to overtime pay in a case (judgment of 13 April 2021, case no. 7 Ca 7186/20) in which we represented the defendant
Overtime in the employment relationship Overtime is a frequent topic in labour law that concerns many employees and employers. The question often arises as to whether overtime worked by order or with authorisation
Company pension is not covered by collective bargaining exclusion period We had already pointed out a few months ago (see Higher EWE pension for former ÜNH/EWE employees) that the Federal Labour Court had determined that EWE AG
In a decision worth reading, the Oldenburg Labour Court has dealt with the question of the grounds on which a head of an office in the public sector can be transferred and warned. Oldenburg Labour Court In
In the world of work, agreements between employers and employees are of crucial importance. One interesting aspect of this is the legally binding effect of waivers of dismissal. A judgement by the Lower Saxony Regional Labour Court (LAG Niedersachsen) from
The entitlement to continued payment of remuneration in the event of illness lapses in accordance with Section 3 (1) of the Continued Remuneration Act (EFZG) if the employee has culpably caused the incapacity for work. However, this requires a particularly reckless or
Anyone wishing to give notice of termination must be familiar with the formal requirements that both employer and employee must fulfil. This is because formal errors can quickly lead to a dismissal becoming invalid. This article offers
Dismissal due to illness is a particularly sensitive issue in labour law. Many employees believe that dismissal during illness is generally not permitted - but this is not correct. Under certain
The planned closure of the Continental plant in Stolzenau is causing great uncertainty among employees. As recently as 2023, it was said that no job cuts were planned - now all 110 jobs are to be lost.
On 27 September 2024, numerous employees of Monacor International GmbH in Bremen received their redundancy notices. The reason: a planned plant shutdown at the Bremen site. These compulsory redundancies have left many of those affected
Employment reference must contain the date of termination and not the date of issue The date on which an employment reference is issued must indicate the date on which the employment relationship was legally terminated. However, it does not have to state the
Determining the gross monthly salary for calculating severance pay in accordance with Section 1a KSchG is a complex issue that requires special attention. We have already provided information on severance payments in labour law in an earlier article
Many employees regularly work overtime - either voluntarily or because the company situation requires it. But what if these hours are simply cancelled at the end of the month? Is that permitted? Must
Federal Labour Court: Compensation obligation for changing and showering times On 23 April 2024, the Federal Labour Court (BAG) issued a ruling on compensation for changing, commuting and body cleaning times (case no. 5 AZR 212/23). The case
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