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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
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
Stuttgart Labour Court, decision of 15 April 2010
- Bird & Bird
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- Germany
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- August 12 2010
Discrimination in employment (including conditions for access to employment) on the grounds of race or ethnic origin, gender, religion or secular belief, disability, age or sexual identity is prohibited in Germany under the General Equal Treatment Act (the "AAG") which came into force on 14 August 2006
The end of the principle of uniform collective bargaining agreements ("Tarifeinheit"), decision of the Federal Labour Court, 23 June 2010
- Bird & Bird
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- Germany
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- August 12 2010
For over 50 years the principle of uniform collective bargaining agreements has been an established part of German case law
Access to the internet may be "necessary" for works councils, decision of the Federal Labour Court dated 20 January 2010
- Bird & Bird
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- Germany
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- August 12 2010
Under German law the employer bears certain of the works council's costs, including the cost of any equipment the works council requires to fulfil its duties
Are job applicants entitled to reasons from the employer for not getting the job? Decision of the Federal Labour Court, 20 May 2010
- Bird & Bird
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- Germany
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- August 12 2010
The German Federal Labour Court has referred questions on the application of the Equal Treatment Directives and their implementation into German law to the ECJ for a preliminary ruling
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- Workarea - Litigation
- Author - Catriona Borland