Employment Law

The BAG clarifies that only the works council as a body may claim a personalised email address under § 40(2) BetrVG.

The BAG rejects the fixed 40-hour threshold for part-time employees and requires a proportional threshold for overtime premiums.

The CJEU clarifies when required travel to external work sites counts as working time under EU law despite a fixed place of work.

The ECJ clarifies when breaches of maximum weekly working time may give rise to compensation for non-material damage.

The LAG Baden-Württemberg awards an employee the difference between her remuneration and the median pay of the male comparator group.

LAG Baden-Württemberg clarifies the requirements for dismissal on grounds of suspicion. Judgment of 3 June 2026, case no. 21 Sa 63/25.

The BAG clarifies when delayed assertion forfeits special dismissal protection for preliminary initiators under § 242 BGB.

Receipt of legally relevant letters by registered letter not proven, BAG judgment of May 7, 2026 (case no. 2 AZR 184/25).

Hearing on the AGG amendment shows disputes over deadlines, conciliation, representative actions, AI discrimination and business impact.

The BAG clarifies that § 14 KSchG does not apply if removal occurs before notice is received; general dismissal protection may apply.