Legal consequences for employees who are returning from risk areas

Due to the Corona Pandemic, travelling during the most popular vacation season is currently only possible to a limited extent and no previous vacation season has raised so many legal questions. Every day we hear about rising infection rates, new travel and safety warnings for regions even within the EU, the Foreign Office’s global travel warning  and new countries that are designated risk areas. Employers are currently facing the question of how to deal with employees returning from a vacation and whether the obligation to continue paying remuneration still applies.

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.