GÖRG Employment Tracker, 11/2021

November 2021

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With our Employment Tracker we regularly look into the "future of labour law" for you! At the beginning of each month we present the most important decisions expected for the month from the Federal Labour Court (BAG) and the European Court of Justice (ECJ) as well as other courts. We report on the results in the issue of the following month. In addition, we point out upcoming milestones in legislative initiatives by politicians, so that you know today what you can expect tomorrow.

This time in focus:

Upcoming decisions

  • Claim for compensation under the German General Equal Treatment Act (AGG): Discrimination due to a disability - Applicability of the right of com-plaint according to Section 13 (1) AGG for applicants
  • Reduction of vacation entitlement due to short-time work permissible?
  • Entitlement of the Management Board of a Stock Corporation to Insolvency Benefits - Employee status of an Executive Board member

Recent decisions

  • Entitlement to remuneration dur-ing a business closure due to an official order because of the Corona pandemic
  • Claim of the trade union against the employer for the implementation of a collective agreement on the remuneration of employee-like employees
  • Do insurance premiums on a life insurance policy (direct insurance) payable by way of salary conversion constitute attachable earned income?
  • Entitlement to Overtime Pay for Part-Time Employees: Discrimination against part-time employees in case of non-granting of overtime pay?
  • Mass dismissal - Invalidity of a termination due to breach of the obligation to forward the notification to the works coun-cil to the Employment Agency under Sec. 17 (3) sentence 1 of the German Unfair Dismissals Act (KSchG)
  • Compensation under Sec. 15 (2) of the German General Equal Treat-ment Act (AGG) for non-payment of overtime surcharges - Gender discrimination
  • Part-time job as an emergency physician as employment subject to social insurance contributions
  • Prescribed training courses as working time within the meaning of the Working Time Directive - Preliminary ruling of the Curtea de Apel Iaşi (Romania)
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