In the dispute over shortened remuneration for exempt works councils in the Volkswagen Group, the Federal Labor Court prescribed the company’s obligation to provide evidence. If the employer corrected an increase in the works council remuneration, he had to “demonstrate and prove that the increase in remuneration was incorrect,” said the chairwoman of judge Kristina Schmidt in the judgment in Erfurt (Az. 7 AZR 46/24). Federal Labor Court did not decide. He went back to the State Labor Court in Lower Saxony for right -wing defects. The plaintiff had seen the burden of proof for why a certain fee was due. Along the BGH judgment after a decision by the Federal Court of Justice (BGH) of 2023, according to which company board members are exposed to the unfaithfulness if they grant works councils excessive remuneration, a total of four VW cases were negotiated by the Federal Labor Court. According to the lawyer, the carmaker, according to the lawyer, reduced the plaintiff, which was given the precedent, after a review of the BGH decision, from just under 7,454 euros gross. Osterloh.
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