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Dismissal for operational reasons

Dismissal for operational reasons

Obligation to offer continued employment to part-time staff on fixed-term full-time jobs (Federal Labor Court, decision dated March 26, 2015 – 2 AZR 417/14) The plaintiff had been in the employment of the defendant since 2008, most recently as Head of “Public and Media Relations”, on a 75 % working time ... Read More »

Office staff for the Works Council

Office staff for the Works Council

No typist without necessity (Higher Labor Court of Berlin-Brandenburg, decision dated August 14, 2015 – 3 TaBV 417/15) Under Section 40 (2) of the Works Council Constitution Act (BetrVG) the works council is entitled to receive from the employer office staff for meetings, consultation hours and day-to-day managements – but ... Read More »

New case law trend: the director of the company shall be liable for the damage suffered by the employee in the event when the company went bankrupt

New case law trend: the director of the company shall be liable for the damage suffered by the employee in the event when the company went bankrupt

The Supreme Court of the Republic of Lithuania developed interpretation of provisions of the Tort law providing more guarantees to the employee injured at work in case when company (the employer) went bankrupt and extended regulations of company director liability. The Supreme Court found that in case of indirect liability ... Read More »

Roetzel Recap: Labor Relations

Roetzel Recap: Labor Relations

Company Requesting Specific Level of Production before Wage Increases Forced to Open Books to Union A metal processing company and the United Steel Workers (USW) were engaged in protracted negotiations in an attempt to obtain their first contract. During bargaining, the Company stated that it had to retain a specific ... Read More »

U.S. Department of Labor and Vermont Department of Labor Sign Agreement to Prevent Misclassification of Workers

U.S. Department of Labor and Vermont Department of Labor Sign Agreement to Prevent Misclassification of Workers

The United States Department of Labor has signed a three-year Memorandum of Understanding (MOU) with the Vermont Department of Labor that is designed to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses. According to the agreement, the agencies are attempting to more effectively and ... Read More »

Mass layoffs – who counts?

Mass layoffs – who counts?

Managing directors and interns are considered employees according to § 17 of the German Protection Against Dismissal Act (KSchG) (European Court of Justice, decision dated July 9, 2015 – C 229/14) In the case pending before the Labor Court Verden, the parties disagree about operationally-related terminations. Including the plaintiff, the ... Read More »

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