OnPoint – August/September 2019: Recent rulings and practical tips regarding the termination of employment relationships

The European Court of Justice recently made a much debated decision on the employer’s obligation to record the daily working time of its employees. We present this and other important court judgments in our August/September edition of the OnPoint newsletter.

Commented Federal Labor Court decision: A termination agreement must be negotiated fairly, otherwise it is invalid

Termination agreements concluded in the private home of the employee are principally so-called consumer agreements, but nevertheless cannot be revoked according to secs. 312 et seq. of the German Civil Code. Agreements that were concluded in the employee’s home could, however, be ineffective due to the violation of the principle  of fair negotiation.

Commented Federal Labor Court decision: Dismissal letters can be signed before the mass dismissal notification has been received by the Federal Employment Agency

In June 2019, the Federal Labor Court ruled that the mass dismissal notification to the Federal Federal Employment Agency  required under sec. 17 (1) of the German Dismissal Protection Act is also effective if the employer has already made the decision to terminate the employment relationship at the time the notification is received by the competent Federal Employment Agency.

Commented ECJ decision: Member States must oblige employers to record daily working time

The European Court of Justice (ECJ) ruled that the Member States of the European Union must oblige employers to systematically record the working time of their employees. The court reasoned that this is the only way to monitor and enforce that working time regulations will be observed to guarantee the intended safety and health protection of employees.