News
New case law and legislative changes in employment and corporate law – briefly explained. The articles are no substitute for advice in individual cases.
Garden leave after notice: Federal Labour Court strikes down the standard clause
Almost every employment contract allows the employer to release the employee from work after notice has been given. The Federal Labour Court considers such a blanket clause invalid – with consequences for the company car as well.
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Dr. Kristian HornParental leave in instalments: protection against dismissal applies before each instalment
Anyone taking parental leave in several instalments enjoys special protection against dismissal before each instalment – even if all instalments were requested in a single letter.
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Dr. Stefan RiegerDefault of acceptance: what the employer may learn about the job search
Anyone claiming back pay after an invalid dismissal must accept a deduction for what they maliciously fail to earn. The Federal Labour Court has clarified how far the employer can demand information on this.
KHDr. Kristian HornDiscrimination in recruitment: damages without a cap – but not without an end
Anyone who suffers discrimination in a job application can claim compensation for material damage in addition to an indemnity. The Federal Labour Court has clarified how far this liability extends.
SRDr. Stefan RiegerEmployment contract by e-mail? What has applied under the Evidence Act since 2025
Since 1 January 2025, employers may provide evidence of the essential terms of employment in text form. The relief is welcome – but it has limits that are often overlooked in practice.
KHDr. Kristian HornChurch membership as a hiring requirement: the Federal Labour Court concludes the Egenberger case
After more than ten years, a judgment of the European Court of Justice and a decision of the Federal Constitutional Court, the Federal Labour Court ruled in May 2026: church employers may require church membership if it is a justified occupational requirement for the specific position.
SRDr. Stefan Rieger