Labour Law Newsflash December 2019

Prerequisites for a time off compensation to reduce the working time account in a court settlement.

(BAG, judgment of 20.11.2019, 5 AZR 578/18)

An exemption in a court settlement only fulfils the employee’s claim to compensation for time off to reduce the working time account, if it is sufficiently clear in the settlement that the exemption is also intended to offset a positive balance on the working time account.

The clause “the employee is irrevocably exempted from the obligation to provide work” is not sufficient.

The “limited” employment relationship.

(BAG, judgment of 19.11.2019, 7 AZR 582/17)

The agreement of an employment limited to the bathing season, April to November of each year, in the employment contract of a worker employed in an open-air swimming pool for an indefinite period, may in any event be effective, if there is no need for the worker to be employed outside the bathing season.

Transferring the leasing rate to sick employees is not permitted.

(Labor Court Osnabrück, judgment of 13.11.2019, 3 Ca 229/19)

A contractual clause obliging a sick employee to assume the leasing costs for the period after expiry of the six-week continued remuneration payment constitutes an unreasonable disadvantage within the meaning of § 307 BGB and is therefore ineffective