Here you will find the articles written by lawyer Rainer Polzin on the keyword Articles Labor Law:
When a company is bought by another company, it is usually not clear to employees what happens to their employment relationships. If there is a transfer of business, § 613a of the German Civil Code (BGB) regulates the legal consequences.
When does a transfer of business exist?
A transfer of a business exists when a business […]
If the employment relationship ends and the employee’s holiday entitlement is not completely fulfilled, the employee is entitled to vacation compensation. This follows from Section 7 (4) of the Federal Leave Act (BUrlG) as well as from European law requirements. The reason for the termination is not substantial: It does not play a role […]
An Executive employee ist an employees. There is, however, no uniform legal regulation that can determine when an employee has a management function. The Works Constitution Act does contain certain criteria in § 5 BetrVG. An important indication for such a position is if an employee has been granted a general power of attorney […]
If the employee wants to claim that a dismissal is legally ineffective, he/she must file an action for protection against dismissal with the labour court within 3 weeks after receipt of the written dismissal.
Action for protection against dismissal
In this case, an application is made for a declaration that the employment relationship is not dissolved […]
The contract of service must be distinguished from the employment contract. The legal classification of the contractual relationship is of great legal relevance, since only the establishment of an employment relationship leads to the application of the extensive regulations of labor law, in particular the protection against unfair dismissal.
Contract of service or contract of […]
In German labour law, the principle “no work, no pay” applies. However, there are exceptions to this rule. One of the most important exceptions is the continued payment of wages in the event of the employee’s incapacity to work due to illness. In this case, the employee has a claim against the employer under […]
In addition to “normal” dismissal, which is aimed at terminating the employment relationship from the outset and is therefore often referred to as termination notice, there is also notice of change. This is regulated in § 2 KSchG. Its primary objective is to change the working conditions. Only in the event that the employee […]
If the employer has a shortage of orders and the employees cannot therefore be fully employed in the long term, the employer has two options. On the one hand, the employer can try to dismiss part of the workforce for operational reasons. This often only leads to further problems. If it is foreseeable for […]
Parental leave and parental allowance are intended to allow workers more flexible care for their child. Whether there is a right depends on the Federal Parental Allowance and Leave Act (Bundeselterngeld- und Elternzeitgesetz – BEEG).
Parental leave
Employees are entitled to parental leave from their employer for the purpose of caring for and bringing up a […]
The Maternity Protection Act (MuSchG) contains, among other things, rules on maternity protection and maternity pay. Maternity protection is intended to protect pregnant and breastfeeding women who are in an employment relationship. Both expectant mothers and their children are to be protected from dangers, excessive demands and damage to health at the workplace. It […]