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The free movement of workers precludes the regulation of a member state which makes compensation for loss of earnings in the event of quarantine dependent on the fact that a quarantine measure has been imposed by its own administrative authorities, as such a regulation could lead to indirect discrimination against migrant workers. This was decided...

Participation in strikes that are not organized by a union (so-called “wildcat strikes”) constitute a breach of the main obligation under the employment contract and may justify extraordinary termination. This follows from a ruling by the Berlin-Brandenburg Regional Labor Court dated April 25, 2023 (Case No. 6 Sa 868/22). Facts The defendant operates a bicycle...

In a decision dated March 16, 2023 (Case No. 18 Sa 832/22), the Regional Labor Court of Hamm, Germany, ruled that the termination of an additional agreement on working from home is permissible if the employer was effectively granted the right to terminate the agreement independently from the employment contract. The Case The parties dispute...

The Federal Labor Court has confirmed that the entrepreneurial freedom protected by Articles 12, 14 and 2 (1) of the German Constitution (Grundgesetz, “GG”) also includes the right to determine whether certain work should continue to be carried out within the company itself or be outsourced to third-party companies – this also applies to the...

Artificial Intelligence (AI) is now on everyone’s lips. It is transforming our world. At first, Italy banned the use of ChatGPT. Europe puts the worries into perspective. Those who can, make use of the new technology. More and more companies are implementing AI systematically to boost efficiency, e.g. process automation, people analytics and recruiting. It...

In proceedings for interim legal protection, the Berlin-Brandenburg Regional Labor Court dismissed the application for temporary prohibition of measures preparing for a planned works council election (decision dated February 22, 2023 – 4 TaBVGa 1301/22). Facts The decision of the Berlin-Brandenburg Regional Labor Court is based on the following facts: The applicant airline is based...

An employment of an employee in a prominent position and a permanent conflict with the executive board that goes hand in hand with his powers do not constitute a factual reason for an effective fixed term within the meaning of Section 14 (1) sentence 2 no. 4 of the German Law on Part-Time Working and...

Employees are not obliged to read text messages during their free time. This was decided by the Schleswig-Holstein Regional Labor Court in a ruling dated September 27, 2022 (Case No. 1 Sa 39 öD/22). Facts The judgment of the Schleswig-Holstein Regional Labor Court is based on the following facts: The plaintiff works as an emergency...