GÖRG Employment Tracker, 12/2023

Cologne, December 2023

Stay up to date with us

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:

Recent decisions

Questioning the evidentiary value of a disability certificate in the event of a violation of the Incapacity for Work Directive
Effectiveness of a fixed-term employment contract without material basis - Requirements for compliance with the written form requirement in the event of a subsequent change to the fixed term

Upcoming decisions

Crediting of granted vacation in dual employment relationship in the event of invalid notice of termination
Calculating statutory leave entitlement for zeroed-out short-time and incapacity for work
De facto employment relationship under Sec. 9, 10 of the German Temporary Employment Act (AÜG) - Illegality of the group privilege under Sec. 1 (3) No. 2 AÜG under European law
Replacement of the Works Council's Consent to the Hiring of an Employee - Informing the works council by means of electronic access to an applicant database
Entitlement to continued payment of wages - Evidentiary value of a certificate of incapacity in the case of daily incapacity during the notice period
Extraordinary dismissal for feigning inability to be vaccinated
Notification of Mass Dismissals - Invalidity of Dismissal as a Sanction for Violations of the Obligation under Sec. 17(1), (3) of the German Unfair Dismissals Act (KSchG)

Legislative initiatives, important notifications & applications