Discussions between employers or supervisors and employees are often delicate. If conflicts are smouldering or have already erupted in the working relationship, they can become very verbal.
It is not uncommon for employees to reach for their smartphones and secretly record conversations with their employers or superiors that are supposed to be confidential.
Read the background and rulings on exciting issues that concern employees and employers alike:
- What happens to already granted leave during a quarantine order?
- Dismissal without notice even in the case of embezzlement of low-value amounts?
- Dismissal without notice for reading and passing on someone else’s e-mail?
Since March 16, 2022, the facility-based vaccination obligation has been in effect: employers must report to the health department all employees* – including all external service providers in the company (!) – who have not been vaccinated against the Corona virus, have not recovered, or have not been vaccinated for medical reasons.
Compulsory vaccination for healthcare workers is currently the talk of the town and the subject of heated debate. In fact, there are still employees who do not want to be vaccinated against the coronavirus – even in health-sensitive professions. Whether employers understand this or not is a moot point.
As early as summer 2021, we compiled interesting labour law cases and rulings on Corona measures for you up to that point. The courts have since made further important rulings – on the following questions:
- Does an employer have to compensate his employees in the event of an officially ordered plant closure?
An interesting question, especially in Corona times:
Is the holiday entitlement automatically reduced due to short-time work? Or is an individual agreement with the employee or a company agreement necessary? This has been controversial until now.
Now the Federal Labour Court (Bundesarbeitsgericht, BAG) has eliminated this legal uncertainty.
New regulations for employers and employees
The number of people infected with Corona in Germany has risen rapidly again within the last few weeks and is causing new record figures in the negative sense. For the first time, the so-called 7-day incidence of 400 new infections per 100,000 inhabitants was exceeded on a national average.
The Federal Labor Court recently had to rule on a case in which an employee gave notice of termination and submitted a certificate of incapacity for work to the employer on the same day as the notice of termination was received.
According to this certificate of incapacity for work,
Some of the Corona provisions and measures introduced by the government since the beginning of the crisis have led to interesting questions and, in some cases, to legal proceedings. In the meantime, some decisions from the first and second instance are available.
Read decisions on issues such as “Right of access to place of work”,
Vaccination protects! At the very least, it it reduces one’s own risk of infection with corona and reduces absenteeism due to illness in the company. For this reason, employers have a sustained interest in ensuring that as many employees as possible are vaccinated against Corona.
But what can employers do to increase their employees’
Especially in the Corona pandemic, many employers have discovered short-time work as an effective means of bridging this difficult phase. Nevertheless, short-time work cannot simply be imposed by the employer.
Rather, a legal basis is required. This can result from a collective agreement, a works agreement or the employment contract.
A lawsuit by an employee against the employer to protect against dismissal is always accompanied by a high cost risk for the employer.
If it turns out at the end of the often lengthy proceedings that the termination was invalid, the employment relationship is not terminated. But what is much more serious is that the employer must pay the contractually owed remuneration,
The second wave is just rolling in – there is currently no improvement in sight. In this context the questions arise,
- whether the employer must continue to pay the remuneration during a quarantine
- whether he/she may be entitled to a refund or
- whether he also has to pay if the employee returns from a risk area.
Recently, there has been an increasing number of inquiries from concerned clients who employ employees in Germany subject to social security contributions but do not have a registered office in Germany.
This is usually due to notifications from the German Employment Agency which, referring to the lack of a company seat in Germany,
The “Covid-19” crisis is constantly presenting employees and employers with new challenges. One of the major current issues is the relationship between short-time work and holidays.
In order to avoid the loss of working hours, the remaining leave from the previous year must first be brought in. Now the question arises,
Corona has us and our everyday life firmly under control! Labour law is also affected by this.
Below is a summary of some of the drastic changes and adjustments due to Corona.