Revocation of “Telework”: Decision of the Federal Labour Court

Can your boss just revocate the possibility to do “telework”? Is the consent of the work council necessary? If an employer intends to revoke a telework agreement, it must generally obtain the consent of the works council: Federal Labour Court, decision of 20.10.2021, 7 ABR 34/20. The Case: In a recent case, the question arose as to whether the revocation of a telework agreement constituted a transfer within the meaning of section 99 (1) BetrVG and thus required the works council’s consent. The Federal Labour Court (Bundesarbeitsgericht, BAG) now announced in a decision of 20.10.2021, 7 ABR 34/20, that the termination Read more…

German Individual and Collective Labour Law

Labour law includes all legal rules relating to a service rendered within the framework of a dependent activity. It can be divided into individual and collective labour law. These two areas are not always clearly distinguishable from each other. The following figure shows an overview of labour law in Germany – in terms of legal sources, areas and stakeholders. Did we catch your attention? Do you want to know more about German Labour Law? CONTACT US.  We also offer labour law seminars on request. Get in touch with us. 

Labour Law Protagonists and Roles

Who are the protagonists of the German Labour Law System? The German labour law system distinguishes between the following protagonists: International workers in Germany? You should have a look at the following article.  Employee: An employee in the sense of labour law is someone who works for another in personal dependence on the basis of a contract regulated under private law for remunerated services. In order to distinguish employees from self-employed persons, German case law has developed many individual criteria: This includes whether and that a person is bound to a specific place and time, is integrated into the company organisation Read more…

What is collective labour law?

Collective labour law can be subdivided into two levels:

Collective bargaining law – the level dealing with relations between trade unions, employer associations and individual employers.

Workplace labour relations law (also known as works constitution) – the level dealing with relations between employer and workforce in individual establishments.

Collective bargaining law

Collective bargaining autonomy is among the constitutionally protected rights of trade unions and employer associations. The collective bargaining partners thus have the right to enter into collective agreements under their own responsibility. (more…)

What is individual labour law?

The central purpose of labour law is to protect employees. Employees are dependent on their employers, not just economically, but personally under their contract of employment. The resulting need for special protection is met by labour law. The basic idea of labour law is to bring about a fair balance of interests between employers and employees. The main purpose of labour law consists of protecting employees from violations of personal integrity, economic disadvantage and health risks involved in working as an employee.

Home workers, who are especially economically dependent on their employers, are also covered by labour law, partly under special provisions and partly under provisions applying to all employees. Labour law is divided into individual labour law, which governs relations between employers and employees, and collective labour law, which applies to legal relations between unions and employer associations at company and most of all at inter-company level.

Individual labour law centres on the relationship between a person in work and his or her employer, as governed by the employment contract between them.

There are two main questions dealt with by every employment contract: what work you are expected to do, and what pay you are entitled to in return. (more…)

The pandemic for minijobbers in Germany – Federal Labour Court

The influence of a worldwide pandemic for minor employees : Federal Labour Court, judgement of 13.10.2021, 5 AZR 211/21 A decision has been made: no remuneration for mini-jobbers in case of official shop closure during the pandemic crisis. Let us have a closer look at the case:  20.10.2021. Due to the state issued “hard lockdown” at the beginning of the Corona pandemic, many employees could no longer fulfil their employment positions.To ensure workers’ compensation and employers’ solvency, the federal government simplified the requirements for receiving short-time allowance (Kurzarbeit). This allowed employees subject to social security contributions to receive short-time allowance. On Read more…

WORK-Ways in Germany: Homeoffice, Heimarbeit, Telearbeit…

WORK-Ways in Germany: Homeoffice, Heimarbeit, Telearbeit… Working in Germany? That’s something you should know. Various terms circulate for the actual  “working from home”. Legally, however, there can be crucial differences between home office, telework and working from home. Home office has been the norm for many people during the pandemic. People often speak synonymously of “working from home”, “teleworking” or “mobile working” when they are talking about working from home. However, when it comes to written agreements with the employer or even a legal right to home office, the correct term is crucial. Because legally there are sometimes major differences.There Read more…