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To avoid employees gaining contractual benefits via "custom and practice" the employer must expressly and unambiguously exclude this possibility, decision of the Federal Labour Court, 08.10.2010
- Bird & Bird
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- Germany
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- June 3 2011
A clause within an employment contract describing non-statutory benefits as both "voluntary" and "revocable" was ambiguous and not capable of excluding the possibility that an annual Christmas bonus could become a contractual benefit via "custom and practice"
The 3 week limitation period in which employees must raise claims of unfair dismissal also applies to claims for unpaid statutory notice entitlement, decision of the Federal Labour Court, 01.09.2010
- Bird & Bird
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- Germany
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- June 3 2011
Notice of termination, which did not comply with the minimum statutory notice period, resulted in a valid termination on the expiration of the notice given as the employee did not challenge the termination within the 3 week limitation period for raising a claim of unfair dismissal
Limits to the amount of information an employer must provide to an employee, decision of the District Labour Court Berlin-Brandenburg, 05.11.2010
- Bird & Bird
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- Germany
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- June 3 2011
Where an employee has breached his employment contract, and the employer offers that employee the chance to enter into a termination agreement as opposed to being dismissed without a notice for cause, the employer is under no obligation to be honest with the employee about the strength of its case against him
An advertisement for a job vacancy can constitute discrimination on the grounds of age, decision of the Federal Labour Court, 19.8.2010
- Bird & Bird
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- Germany
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- June 3 2011
An advertisement for a job vacancy breaches the General Equal Treatment Act (the AGG), and constitutes age discrimination, if it specifically stipulates that the company is looking for "young" applicants
Exact timing of the notice of dismissal important in determining day on which termination "received" by the employee, decision of the Regional Labour Court, Cologne, 17.09.2010
- Bird & Bird
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- Germany
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- June 3 2011
Written notice of dismissal posted into an employee's home mailbox after 4 pm on a work day should not be considered as having been received on that day
New data protection regulations proposed
- Bird & Bird
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- Germany
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- June 3 2011
Since 1 September 2009 protection of employee personal data has been regulated by Section 32 of the Federal Data Protection Act (BDSG
Current Search
- Workarea - Employment & Labor
- Jurisdiction - Germany
- Author - Daniel Ortner