News

The Hamm Regional Labor Court (judgment of January 23, 2024 – 6 Sa 1030/23) ruled in its judgment on the continuation of the transfer of a company car to an employee for private use. Facts of the case The parties were in dispute over the transfer of a company car for private use. The plaintiff...

The Baden-Württemberg Regional Labor Court (“LAG”) has confirmed the invalidity of the works council election at the Porsche car manufacturer’s Zuffenhausen site. The reason for this was that employees at the Leipzig site had also voted (decision of March 19, 2024 – 15 TaBV 2/23). Facts of the case The decision of the LAG Baden-Württemberg...

According to the Hamburg Labor Court (decision of January 14, 2024 -24 BVGa 1/24), neither specifications for the use nor the use of ChatGPT and comparable tools via private accounts are subject to co-determination under works constitution law. Facts of the case The works council of a global medical technology manufacturer wanted to obtain a...

In a ruling dated January 10, 2024 (case no. 3 Sa 74/23), the Schleswig-Holstein Regional Labor Court ruled that the dismissal due to illness at issue in this case was invalid due to an incorrect works council hearing. Facts of the case The ruling of the Schleswig-Holstein Regional Labor Court (Landesarbeitsgericht, “LAG”) is based on...

The works council election already initiated at Tesla Manufacturing Brandenburg SE in March 2024 is not to be canceled. A termination of the election in summary proceedings is only justified if its nullity is foreseeable (Berlin-Brandenburg Higher Labor Court of March 6, 2024 – 11 TaBVGa 135/24). Facts of the case The decision of the...

The works council can demand that the employer provide each works council member with a tablet or notebook to enable its members to participate in works council meetings via video conference, provided that the requirements of Section 30 (2) of the Works Constitution Act (BetrVG) are met, according to a decision by the Munich Higher...

If the legal relationship between a managing director and the limited liability (“GmbH”) is based on an employment relationship, this is transferred to the buyer in the event of a business transfer pursuant to Section 613a of the German Civil Code (“BGB”), in contrast to the position of an executive body. This was decided by...

The Federal Labor Court has confirmed that a letter of notification in connection with a transfer of a business must also contain information on the collectively agreed standards which are generally applicable to the acquirer of the business. However, an employee not covered by collective bargaining agreements does not have to be informed about a...

An employer must pay damages of € 10,000 to a former employee after the latter advertised with photos and videos of the departed employee for nine months after the end of the employment relationship. This was decided by the Baden-Württemberg Regional Labor Court in a ruling dated July 27, 2023 (Case No. 3 Sa 33/22). Facts...

According to the Federal Social Court (ruling of July 20, 2023 – B 12 BA 1/23 R), the sole shareholder and managing director of an entrepreneurial company can also be a dependent employee and thus subject to social insurance contributions if he or she is actually integrated into the company’s organization on the basis of...