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in from the union? "Simple differentiation clauses in collective agreements, confidentiality agreements

a collective agreement contains a clause stipulating that certain benefits are entitled only union members, such a provision does in the work, involving the collective bargaining agreement, not to be that such benefits be paid even at Nichtgewerkschaftler if this clause is effective on TV (BAG v. 18.03.2009, 4 AZR 64/08).

The applicant, who was not a union member, had a contract with a clause referring to the "provisions of the applicable collective agreement, as amended. The Collective Agreement was settled: ".... the ver.di members receive as compensation for the abandonment of the special payment in each financial year a compensation payment of 530 € gross "The applicant did not receive the above-mentioned performance and wanted to share this klagweise.. the Labour Court upheld the one that WAS the BAG and rejected the request.

The contract of employment equality deny leg hold only that the Tariffvertrag apply to the employment application. This is regulated but not that the applicant as a union member is to be treated. You can only make a claim for tariff benefits provided that they satisfy the requirements of the scales of claims conditions.

The TV-clause is also effective. It provides a "simple differentiation clause" (as opposed to a qualified differentiation clause), because it considers the possibility of the employer open to the unequal treatment contract to eliminate. Interference with the negative freedom of the worker is allowed for sufficient justification. join

An improper pressure on non-organized workers of the union, are not available. The special payment was not so high as to cause pressure on the independents are exercisable on. In addition, there was a redevelopment agreement, which should include also prevent tariff evasion.

www.anwalt-strieder.de www.rechtsrat-arbeitsrecht.de

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: Labor law of the Works?

agreements www.telefonrechtsrat.de in standard employment contracts (GTC), which require an employee to secrecy on certain operational procedures, subject to a decision of the BAG is not in every case, the participation of the Works of § 87 paragraph 1 sentence 1 No. 1 WCA. A right of participation is considered, however, if the scheme is directed to the ordering behavior of workers. this is not the case if the confidentiality concerns work behavior of employees, or is already regulated by law.

The employer completed a clause on workers even secrecy agreement. The Works (BR) went against the employer in Angtragsverfahren with a "general request" before and wanted found know that a confidentiality clause is always subject to approval. The council said that he is entitled to this right in accordance with § 87 paragraph 1 sentence 1 No. 1 WCA.

This ultimately had the BAG (v. 10.03.2009, 1 ABR 87/07) Previous:

Principally, however, when confidentiality obligations a say in the BR for the WCA. A say, however, excluded if the declaration of secrecy the way people work and not the Rules of Conduct governs Arbekitnehmers or a statutory secrecy exist, eg according to § 17 UWG.

why this was the general request of the Works, which refers to all cases of the conclusion of a moderate form confidentiality agreement relates to reject. Because it also covers cases in which a participation of the works is excluded because of a work behavior or a legal obligation of the specific agreement. www.anwalt-strieder.de www.telefonrechtsrat.de

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No expiration of the leave for sickness of the employee

The right of a worker is on annual leave granted after the expiry of a calendar year or period there, if he has not because of illness during the current calendar year, company says the ECJ (v. 01.20.2009, C-350/06). In the case decided the employee was probably on the whole Calendar year affected, so this is short for diseases in the current year, as planned during the remaining holiday at the end, does not apply if the leave can be taken in the reference period.

Under German Holidays Act and the German law on this, this was far different. The Maehr, that a residual leave the previous year can always be made in the first 3 months of the year will result in UrlG no confirmation. The 3-month period applies only to special exceptions. www.anwalt-strieder.de www.rechtsrat-arbeitsrecht.de

The consequences of the decision are significant for long-term sick for the employer. If the employment relationship before the leave was taken, he is compensated. Does not end the employment relationship, the leave is to expand to. But what happens if the claim is barred or is engaged by a contractual limitation period tarifiche or individual? ME is the right to leave at the end of the period also impossible, so that at a holiday compensation claim can be considered.

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BAG: notice of repentance of the employee: termination and back again

When an employee announces extraordinary writing, he can not later invoke the invalidity of the notice (BAG v. 12.03.2009, Az: 2 AZR 894/07). Such conduct is contrary breach of good faith.

The plaintiff had terminated his employment without notice. Later, the workers wanted to appeal to the fact that his dismissal was invalid, because no good cause had been submitted. An important reason, however, provided for termination without notice (§ 626 BGB).

The lawsuit was unsuccessful and before the BAG. If there is a lack of good cause for termination without notice, but the dismissal is indeed void. Only the employer can make the invalidity of the dismissal in court. The employer does not do this and he accepts the termination, the employee can, has even written notice, not rely on the employer to the invalidity of the dismissal, because otherwise in violation of the prohibition contradictory behavior. www.anwalt strieder.de- www.telefonrechtsrat.de

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recognition of compensation to ALG?

Is the creditable compensation as a labor-court settlement to the ALG-performance income?

The plaintiff had fought in the Labour Court a compensation payment for loss of job, what will happen, yes. Unfortunately, the employer paid very late, after the plaintiff foreclosure had. Unfortunately, the plaintiff moved in the meantime ALG II instead of unemployment benefit. To the unemployment allowance, the compensation would not be counted. The BA is expected but on the ALG II.

Rightly said, the SPA (SPA 03.03.2009, B 4 AS 47/08 R). The settlement of a labor-court settlement may be counted in the unemployment benefit II to reduce the benefit as income. Although this was previously dealt with in the unemployment benefits otherwise. To such legislation, the legislature has omitted the unemployment benefit II, but in the opinion of the SPA aware. Accordingly, the legislature has waived the privileged status of severance payments. This place is no dedicated Service within the meaning of § 11 Paragraph 3 Nr.1a SGB II dar.

is, however, the result of the Judgement for the plaintiff only disadvantage when his former employer did not make him Schadensersatzt anymore. Indemnify it should be, namely, there would be subject to timely payment of an allowance (to ALG) will not occur. www.anwalt strieder.de- www.telefonrechtsrat.de