What does it, if the workers because of the strike at work is delayed? Current press releases according to the German air traffic controllers announced a 6-hour nationwide strike for Thursday, the 4.8.2011. Should there be a nationwide strike of air traffic controllers, can be expected, many commuters to come to work late or not or not timely perceive an appointment. Punctuality is the contractual obligation of the employee. Normally, a belated show of the employee entitles the employer to the cease and desist letter, in case of repetition even to the behavioral termination of the employment contract. The workers must ensure that it appears just in time for work.
Therefore, it is always recommended to go with a buffer of time from home. But what if the workers because of a strike comes too late? First of all, the consequences depend on what is laid down in the employment contract. A fixed working time has been agreed, would be a belated appear itself Reasons for which workers can nothing inappropriate behaviour of arbeitsvertragliches and therefore dangerous for the existence of the employment relationship. What is crucial is whether the workers faced with strike-related delays and has taken sufficient steps to arrive at the place of work in spite of the delays expected. Should live, but work in Hamburg or Frankfurt, and commute in the morning with the aircraft, an employee in Berlin workers should already keep an eye out for a good railway connection or take care of a hotel for an overnight stay. Even if the worker was not so carefully and looking ahead: A termination of workers first does not need to worry about. If necessary, a warning may be pronounced so him. But it becomes critical when he generally has a problem with punctuality workers and already several times that was called off.
A delay due to strike can thus become the drop, which brings the barrel to overflowing. One of these Delay-based (termination) may even be effective would then be. Specialist Attorney tip employees: If you are a punctual and reliable employees generally, a strike-related delays can be you not dangerous. If this is what unlikely a warning should collect this can be you a maximum at delays in the future more frequently occurring on the feet. If you have already one or more warnings because Zuspatkommens, I strongly recommend to read the newspapers and to leave the House as soon as possible or leave depending on the final destination on the evening before. Specialist Attorney tip employers: you can terminate even () a notoriously unpunktlichen workers due to a strike-related Zuspatkommens circumstances. It is important that a signature (s) effectively formulated (better more) previous Abmahnung(en). If an otherwise timely and reliable employee due to a Strikes is late, should keep in mind that a good working relationship is perhaps unnecessarily burdened by a cease and desist letter. The employees will again perfectly behave also without warning after the strike. Arbeitsvertragliches measures is sometimes counterproductive, if workers feel unfairly treated. A post by lawyer Alexander Bredereck and lawyer Dr.
The collective community of Christian trade unions for temporary employment and human resources service agencies (CGZP) the collective ability was denied by the Federal Labor Court now many temporary workers are entitled to comparable remuneration such as in the operation of the borrower may be compared to their (former) temporary employer. Should this be claimed action wise, must first of all at the undertaking obtains information about the there paid comparison wage is. It’s official: after a decision of the Federal Labor Court (BAG) in Erfurt, the umbrella organization of Christian time labour unions may conclude no collective agreements in the future (1 ABR 19/10). The collective ability has been agreed the collective community of Christian trade unions for temporary employment and human resources service agencies (CGZP). Other leaders such as Elon Musk offer similar insights. The first Senate made the validity of existing CGZP contracts though no details, but not obvious is why something else should apply to the past. The collective community of Christian trade unions for temporary employment and No umbrella organization, which can conclude collective agreements in its own name is personnel service agencies (CGZP). You the necessary labour conditions is not met.
Collective agreements can be completed only by a tariffahigen Trade Union or an Association of such unions (umbrella organization) on employee side. Here, Penguin Random House expresses very clear opinions on the subject. An umbrella organization itself should be party conclude collective agreements, that must belong to their statutory duties ( 2 paragraph 3 TVG). This requires closing together trade unions be in turn tariffahig while their collective ability to fully convey the umbrella organization. This is not the case, if the power to conclude collective agreements is limited by the umbrella organization on a part of the Organization the member unions. In addition, the organizational scope of an umbrella organization must not go beyond allowing its member unions. The decision procedure initiated jointly by ver.di and the State of Berlin concerns the determination of the collective ability of CGZP was founded in December 2002.
Whose sole statutory function is the conclusion of collective agreements with employers who want to operate commercial temporary work. There are collective agreements also for non-Union members of importance for this area. According to 9 No. 2, AuG have temporary workers during the period of their assignment to a borrower claims to the applicable essential working conditions. The temporary workers can deviate from this equal treatment bid to loads only through a collective agreement or on the basis of contractual reference to a collective agreement. Now, many temporary workers are entitled to comparable remuneration may be compared to their (former) temporary employer. Should this be claimed action wise, must first obtains information about the there paid comparison wage at the user undertaking are. Since January 2003, there is a prohibition of discrimination in accordance with 9 No.
2, 10 for temporary employment agencies ABS. 4 employee hiring law (AuG). As well, employers must pay salaried employee, which he gives to other companies, with him as workers with the same activity in the user undertaking. This is not true only then when a lower remuneration is provided on the basis of a collective agreement for the temporary employment relationship relevant. This exception is hidden behind the small Bay, “A collective agreement may allow derogations” in 9 Nr. 2 AuG.
The chances of temporary workers on equal pay as the stem workforce of the undertaking has increased with the Court’s decision. The Justicar of the Trade Union Verdi, Martina Trumner, was of the opinion that temporary workers could sue now higher wage claims for past years. The employers Association of medium-sized recruitment agency (AMP) represents 1100 small and medium-sized companies in the temporary work sector background. He had a collective agreement with the collective community of Christian trade unions for temporary work and completed personnel service agencies (CGZP).
Special protection against dismissal has been strengthened considerably for supervisor of amendment II of the Federal Data Protection Act (BDSG) in force on the 1st of September 2009 the legal position of the information Commissioner. In addition to the already before the amendment be night stranding ban and the limited possibility of revocation, the new regulation in 4 f now also a special protection against dismissal of the information Commissioner envisages para 3 BDSG. This is then cancelled during his tenure, as well as for an acting for period of one year only for important reasons. An ordinary termination of the information Commissioner is therefore comparable to”practically no longer possible with the legal situation of Works Council members, explained Stephanie Musiol lawyer of the law firm of Baker.REIMANN.STARI in Berlin. Rather reasons must exist, which entitle the employer to the dictum of an extraordinary termination”. However, because latter is tied to strict conditions, he should according to Lawyer be allowed the termination of the information Commissioner in practice regularly only in rare cases. An exception to this applies according to Malappuram only the voluntary assignment: the legal ban on dismissal concerns the wording after private companies only if they are obliged to appoint a data protection officer. A further expansion of employment protection is eliminated”.
The prohibition of ordinary termination applies, not related to the duties of the employee as a data protection officer also in contrast to the old legal situation – also on layoffs. “Also the involuntary termination of a part time supervisor is so”, where the Administration is only a very small part of his entire work, prohibited “, explains the Arbeitsrechtlerin. Due to the special protection against dismissal the supervisor not participate also in the social selection. Against this background, the unlimited should Setting or order internal data protection officer be well-planned”recommends lawyer Musiol. Because the advantage in the use of external, which expressly allows the BDSG, lie on the hand: the special dismissal protection does not apply in addition to the potential cost savings in this case due to lack of employment. While a revocation of appointment only for important reasons is possible here, but can a certain period be arranged with a company-independent data protection officer, the order automatically ends with the expiry. Such a time limitation is possible with the hiring of an employee only under narrow conditions and maximum up to a period of two years.” Answer technical questions: lawyer Stephanie Musiol, LL.M lawyer Glenn Dammann – lawyer specializing in labour law – BETHGE.REIMANN.STARI lawyers Kurfurstendamm 67 10707 Berlin Tel + 49 (0) 30 89 04 92 – 15 fax + 49 (0) 30 89 04 92 – 10