A decision by the Federal Labor Court is expected in the dispute over adequate remuneration for exempt works councils in March. This was announced by court president Inken Gallner at her annual report in Erfurt. Nationwide, the amount of the remuneration of exempted employee representatives in the Volkswagen Group had taken care of a decision by the Federal Court of Justice (BGH) of 2023, according to which executive directors or HR managers expose themselves to the unfaithfulness if they grant excessive remuneration, a VW case now ends up before the highest German labor court. “In many other companies, the topic is also being taken into account in more detail,” said a labor lawyer. In the case of the proceedings, which will be negotiated on March 20, a member of the works council, which has been released since 2002, that is a car mechanic and industrial master from his training was Gallner. After the BGH decision, VW had checked the remuneration of exempt works councils and reduced that of the plaintiff and requested a repayment in the opinion of almost 2,600 euros in the opinion of the company. On the other hand, the man is doing. The remuneration of how comparable workers’ background is a regulation in the Works Constitution Act, according to which works councils are to be remunerated as comparable employees who work in their profession. This general regulation often ensures conflict. There were around 20 complaints from VW works councils alone, said a spokesman for the Federal Labor Court. According to the President last year, a total of 1315 cases were received by the Federal Labor Court in Erfurt, around five percent less than in 2023. Almost a quarter of the proceedings were about the legality of dismissals, with a fifth of the payment of employees. 1,602 cases have been completed, including those from previous years. More on the subject of the current economic flaut with many layoffs will ensure a wave of lawsuits in the labor courts, is still open, according to Galler. Her impression is that with large restructuring projects of corporations, the labor courts would no longer be called as often as in the past. “Apparently, interest -based solutions are obviously found,” said Gallner. It referred to employment and qualification companies or termination contracts. So far, there have been no complaints as a result of mass discounts or bankruptcies at the Federal Labor Court.
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