Major credit and financial services institutions will, in future, be able to unilaterally terminate the employment of highly paid, risk-taking employees much more easily. What at first appears to be an outlier case under supervisory law, does, on closer inspection, also represent something very interesting when considering general labor practices.
The child is ill, an important delivery is expected »between 8:00 a.m. and 7 p.m.« or the car has to go to the garage. What could be more natural than working from home? A quick email to the employer that you will work from your home office in the morning and be in the office in the afternoon and the problem is solved. But it’s not always that simple. The following is a brief overview of the legal situation.
For secondments within the EU as well as Iceland, Liechtenstein, Norway and Switzerland (hereinafter referred to as »member states«), the so-called Portable Document A1 has been mandatory since 01.05.2010. In practice, however, this has so far led to a »shadowy existence«. Last year, however, controls abroad as to whether business travellers carry the A1 certificate were stepped up, so that the issue has now moved into the focus of companies.
In recent years, the process of submitting mass dismissal notifications has become a real minefield when it comes to restructuring measures. Anyone who thought that the essential principles had now been clarified would be mistaken. The LAG Baden-Württemberg added a new piece to the mosaic in a recent ruling.
The world of work is changing. Work is now flexible, agile, decentralized, and above all: it’s digital. But law governing labor relations in the workplace hasn't kept up with modern communications. Instead, it stands in the way of a »digital works council« and thus blocks modern cooperation between the works parties. It’s time for more legislative courage!