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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 »

All compensated – or maybe not?

All compensated – or maybe not?

The works council must approve a waiver of claims in severance schemes. An exception only applies to settlements of the facts (German Tatsachenvergleich). In the case of the defendant employer, a redundancy payment was provided for in a social compensation plan (shop agreement). The plaintiff who had been dismissed for ... Read More »

Enterprises and business units; corporate structure determines the remuneration and composition of the works council

Enterprises and business units; corporate structure determines the remuneration and composition of the works council

Works councils are elected for a specific enterprise. The legal requirements of an enterprise are fundamental to works council elections. In addition to “enterprises”, the law also applies to business units and joint enterprises. Collective bargaining agreements – and exceptionally works agreements – allow for works council structures that deviate ... Read More »

Bad back? You’re fired

Bad back? You’re fired

Employers rely upon employees to get the job done. Usually, the “job” requires the employee’s physical presence at work. But injuries and medical conditions throw a wrench in the works. Most employers are at least generally aware of the implications of various federal and state laws governing treatment of employees ... Read More »

Computer Programmers and the H-1B Visa

Computer Programmers and the H-1B Visa

The H-1B visa is designed to be for professional, “specialty” occupations. Specialty occupations require the “theoretical and practical application of a body of highly specialized knowledge,” and require the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the ... Read More »

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