top of page


Why Excessively Long Notice Periods in Employment Contracts Backfire
Federal Labour Court (judgment of 26 October 2017 – 6 AZR 158/16): A three-year notice period unreasonably disadvantages employees – the statutory basic notice period then applies again.
Sep 3


Variable Remuneration: Whoever Fails to Communicate Company Targets in Time Owes the Full Bonus (Federal Labour Court, 10 AZR 28/25)
Federal Labour Court (judgment of 22 April 2026 – 10 AZR 28/25): The burden of initiative for target setting lies with the employer; if communication is omitted, 100 % target achievement is regularly assumed.
Aug 6


The "Employee's Choice" Reference in a Settlement Is Enforceable (Federal Labour Court, Order of 7 May 2026 – 8 AZB 25/25)
Federal Labour Court: A right of the employee to draft his or her own employment reference agreed in a court settlement is enforceable – limited only by the duty of truthfulness in references.
Jul 30


Parental Leave in Instalments: Protection Against Dismissal Revives Before Each Period (Federal Labour Court, 2 AZR 213/25)
Federal Labour Court: Where several periods of parental leave are applied for, special protection against dismissal begins eight weeks before each period – even if all periods were applied for in a single letter.
Jul 11


Limits of Pay Transparency: Federal Labour Court Stops Company-Wide Pay Comparisons (8 AZR 83/25)
Federal Labour Court: The right to information under the Pay Transparency Act is limited to the individual establishment and to the last completed calendar year.
Jul 6


Back Pay for Default of Acceptance: Inactivity After Dismissal Costs the Employee the Back Pay (Higher Labour Court of Lower Saxony)
Higher Labour Court of Lower Saxony (judgment of 11 December 2025 – 5 SLa 465/25): Anyone who makes no effort to find work for weeks after a dismissal must accept the imputation of fictitious interim earnings.
Jun 23


Mass Dismissal Notification: Federal Labour Court Seals Zero Tolerance for Procedural Errors (6 AZR 157/22)
Federal Labour Court (judgments of 1 April 2026): A mass dismissal notification filed too late or too early renders all dismissals invalid – there is no cure.
Jun 17


The Two-Week Period under § 626(2) BGB: The Employee's Holiday Does Not Suspend the Deadline (Federal Labour Court, 2 AZR 55/25)
Federal Labour Court (judgment of 4 December 2025): The cut-off period for summary dismissal runs even while the employee is on holiday – employers must pursue the investigation with urgency.
Jun 11


Whistleblower Protection: No "Comprehensive Insurance" Against Dismissal (Federal Labour Court, 2 AZR 51/25)
Federal Labour Court (judgment of 4 December 2025 – 2 AZR 51/25): Protection under § 36 HinSchG requires an actual report and a causal link with the detrimental treatment.
May 31


Missing Inclusion Officer as an Indication of Discrimination (Federal Labour Court, 8 AZR 276/24)
Federal Labour Court (judgment of 26 June 2025): Failure to appoint an inclusion officer can establish the presumption of discrimination on grounds of severe disability.
May 28


Registered Mail with Delivery Confirmation (Einwurf-Einschreiben): No More Prima Facie Evidence of Receipt (Federal Labour Court, 2 AZR 184/25)
Federal Labour Court (judgment of 7 May 2026): The postal service's digital delivery record no longer establishes prima facie evidence of receipt – employers must secure service by other means.
May 27


Probationary Periods in Fixed-Term Employment Contracts: Federal Labour Court Creates Room for Manoeuvre (2 AZR 160/24)
Federal Labour Court (judgment of 30 October 2025): There is no rigid 25 % limit for the appropriateness of a probationary period under § 15(3) TzBfG; the waiting period under the KSchG remains unaffected.
Apr 24


Blanket Release Clauses Are Invalid (Federal Labour Court, 5 AZR 108/25)
Federal Labour Court (judgment of 25 March 2026): "Release at any time" clauses unreasonably disadvantage employees; an unjustified withdrawal of the company car triggers damages.
Apr 11


Severely Disabled Applicants: Failure to Instruct the Employment Agency as an Indication of Discrimination (Federal Labour Court, 8 AZR 123/24)
Federal Labour Court (judgment of 27 March 2025): Merely publishing the vacancy on the job exchange is not enough; without a placement request, a presumption of discrimination is looming.
Apr 4


Transfer of Tasks to a Group Affiliate Can Justify a Dismissal for Operational Reasons (Federal Labour Court, 2 AZR 227/22)
Federal Labour Court (judgment of 28 February 2023): If the position ceases to exist as a result of a transfer to a (foreign) group company, the dismissal is socially justified – courts review only for arbitrariness.
Mar 27


Multiple Voting Rights in Works Council Elections in Matrix Structures (Federal Labour Court, 7 ABR 28/24)
Federal Labour Court (order of 22 May 2025): What matters is the actual integration into the work organisation – employees may be entitled to vote in several establishments.
Mar 13


Pay Rise Only for New Contracts? That Is Not Permissible (Federal Labour Court, 5 AZR 239/24)
Federal Labour Court (judgment of 26 November 2025): Signing a new employment contract is not an objective reason for excluding employees with old contracts from a general pay rise.
Mar 10


Equal Pay in Court: One Better-Paid Colleague Is Enough (Federal Labour Court, 8 AZR 300/24)
Federal Labour Court (judgment of 23 October 2025): Comparison with a single better-paid colleague establishes the presumption of gender-based pay discrimination.
Feb 23


Dismissal by E-Mail from Abroad? Federal Labour Court on Choice of Law, Notice Periods and Form (Rome I Regulation)
Federal Labour Court (judgment of 22 August 2024): § 622(2) BGB applies mandatorily despite a choice of US law if the place of work is in Germany – the form, however, is governed by Art. 11 Rome I Regulation.
Feb 12


Retirement-Age Provisions Are Not a Case of § 4(2) TzBfG (Federal Labour Court, 6 AZR 18/25)
Federal Labour Court (judgment of 31 July 2025): Employment relationships that end upon reaching the standard retirement age do not fall under the anti-discrimination protection for fixed-term employees.
Feb 5
bottom of page