BAG 6 AZR 333/21

Fair negotiation of a termination agreement (faires Verhandeln)

Where the employer creates a pressure situation that materially impairs the employee’s free decision, the resulting termination agreement is invalid. Practical relevance: "sign within an hour" tactics now routinely fail.

BAG 2 AZR 541/09 — Emmely

Trust-breach dismissal requires proportionality

Even a manifest breach of trust does not automatically justify a summary dismissal. A balancing of interests is required, taking into account long tenure and the magnitude of the loss.

BAG 2 AZR 140/12

Temporary workers count for the small-business threshold

Leiharbeitnehmer (temporary agency workers) deployed on a regular basis count towards the 10-employee threshold of § 23 (1) KSchG.

CJEU C-684/16 — Max-Planck

Holiday only forfeits if the employer has warned

EU law requires the employer to warn the employee about unused holiday before it can forfeit. Otherwise unused days carry over indefinitely.

See also: glossary and the topic pages on termination agreements and summary dismissals.

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