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Reassignment

Reassignment

Company integration management is not a prerequisite for the reassignment of a night shift to an alternative shift The plaintiff employee works for the defendant as a machine operator. Between 1994 and 2005, he worked an alternative shift (early shift/late shift), and since then he has been working the night ... Read More »

Extension of the period of notice in the probation period

Extension of the period of notice in the probation period

Reference to collective bargaining agreements is widespread practice. Caution is advised, however, if contradictions to the contents of additional provisions of the employment contract appear. The Case In his employment contract, the employer made reference to the provisions of the collective bargaining agreement. Accordingly, the first six months of the ... Read More »

From Dusk till Dawn

From Dusk till Dawn

In case of collective dismissals, companies are required to undergo a consultation process with the works council. The process is complicated, full of formal requirements and prone to errors. The Federal Labor Court has now provided important clarification concerning the length and substance of the consultation. The work of those ... Read More »

Employment contract law

Employment contract law

Which employer is not familiar with this situation? An employee with whom the work relationship has not been running smoothly for a certain period of time is frequently or permanently ill and is suspected of competitive activity on his or her own behalf or for a competitor during the illness. ... Read More »

Fulfilment of the statutory minimum wage

Fulfilment of the statutory minimum wage

The plaintiff has been working as an assembler for the defendant employer for over 20 years. The employment relationship is governed by the MTV (Manteltarifvertrag für die gewerblichen Arbeitnehmer der Sächsischen Metall- und Elektroindustrie i.d.F vom 24.02.2002; Collective wage agreement for industrial employees of the Saxon metal and electrical industry ... Read More »

Industrial constitution law

Industrial constitution law

Individual employee claims are given priority over working agreements on the basis of the favourability principle, providing that the claims arising from the working agreement are less favourable. However, if the employer’s pledges are of a collective nature – i.e. if they are not purely individual claims – a less ... Read More »

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