Newsletter Labour and Employment Law, 02/2014
Dear Madam or Sir,
we begin our Newsletter by considering current issues related to collective redundancy. Planning a large reduction in the size of the workforce can, in and of itself, trigger the co-determination rights of the works council. Such rights have to be observed at all cost. Careful preparation of such redundancies is also essential due to the numerous formalities involved.
Another contribution deals with the conduct of gate checks and the question of whether they are permissible, particularly from the data protection perspective. The Federal Labour Court has recently adopted a new approach in relation hereto.
Finally, we turn our attention to two judgments handed down by the European Court of Justice which affect German employment law. One judgment considers issues related to how commissions should be taken into consideration when calculating holiday pay, while the other treats issues related to the assignment of temporary agency workers.