No obligation of the works council to provide information under the Transparency in Wage Structures Act – No right to view gross pay lists

If the employer effectively takes over the response to requests for information in accordance with sec. 10 of the German Transparency in Wage Structures Act, the works council has no right to inspect and evaluate the gross pay lists in accordance with sec. 13 (2) sent. 1 of the Transparency in Wage Structures Act. This was established by the Federal Labor Court (BAG) on July 28, 2020.

Works council cannot prevent reopening of a workplace

Several labor courts have already had to deal with applications for a temporary injunction from works councils trying to prevent the reopening of the worksite after the COVID-19 pandemic because no agreement had yet been reached between the parties to the plant. In its decision of May 4, 2020, the Hamm Labor Court has now stated for the first time that in such a case the works council cannot prevent the reopening of a plant, and in particular cannot demand the closure of a plant, even though co-determination rights have been disregarded.

Participation of the Representative Body for Severely Disabled Persons

If an employee with a recognized degree of disability of 30 has applied to be recognized as equal to a severely disabled person and has informed the employer of this, the employer is not obliged pursuant to sec. 178(2) sent. 1 of the German Social Code IX, to (precautionarily) inform the Representative Body for Severely Disabled Persons of the intended transfer of this employee, nor to consult it on this matter if a decision on the application for the recognition as equal to a severely disabled person has not yet been made at that time.