Understanding the Federal Labour Court and Its Role

The Federal Labour Court is a significant institution in Germany, responsible for interpreting and applying labour laws. It's made up of 20 judges who are appointed by the German President.

The court's role is to provide a final say on labour disputes, ensuring that both employees and employers have a fair and impartial hearing. The court's decisions are binding and have a significant impact on the labour market.

The Federal Labour Court is based in Erfurt, Germany, and has jurisdiction over all labour disputes that cannot be resolved at a lower court level. This includes disputes over employment contracts, working hours, and wages.

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The Federal Labour Court has a unique structure that sets it apart from other courts. It's organized into three instances: first-instance labour court cases, appeal higher labour court cases, and the final instance, the Federal Labour Court.

First-instance labour court cases are heard by panels made up of one professional judge and two lay judges representing the employers' and employees' sides respectively.

Appeal higher labour court cases are also heard by these same types of panels.

In the final instance, the Federal Labour Court, panels are made up of three professional judges – one of them the presiding judge – and two lay judges representing the employers' and employees' sides respectively.

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The Federal Labour Court handles a wide range of cases, including employment disputes and collective bargaining agreements.

The Court has jurisdiction over cases involving employees and employers, as well as trade unions and employers' associations.

In 2019, the Court received over 1,000 appeals from lower courts, demonstrating its importance in shaping labour law.

The Court's decisions can have significant impacts on employees and employers alike, setting precedents for future cases.

In one notable case, the Court ruled that a company's decision to terminate an employee's contract due to a merger was invalid, as it did not follow the correct procedures.

The appeal process in the Federal Labour Court is a crucial step in resolving disputes. An appeal can be lodged by the unsuccessful party, or both parties if they are partially unsuccessful, with the relevant higher labour court.

To appeal, the lower court must have granted leave to appeal in its judgment. This is the case if the value of the cause of appeal exceeds 600 Euro, or if the claim relates to the existence, non-existence or termination of an employment relationship.

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In some cases, an appeal can be lodged without further requirements, such as in a "Beschluss" procedure appeal. This type of appeal is heard by the relevant higher labour court and can result in a rehearing of the case on both points of law and the facts.

The case is reheard by the higher court, allowing fresh facts to be submitted by the parties. This is a significant opportunity for parties to present new information and arguments.

An appeal on points of law can be lodged against higher labour court judgments, but only if the higher labour court has granted leave to appeal. This type of appeal is typically allowed if the case has fundamental legal importance, such as effects on the general public.

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The Federal Labour Court is guided by specific legal principles that ensure fairness and justice in labour law cases.

An appeal on points of law, also known as a Revision, can be lodged against the higher labour court's judgment if the court grants leave to appeal.

The appeal will be allowed if the case is of fundamental legal importance, affecting the general public.

In essence, the Federal Labour Court operates within a framework that prioritizes the impact of its decisions on society as a whole.

If the higher labour court grants leave to appeal, the appeal will be allowed, but only if the case meets this specific criterion.

The Federal Labour Court plays a crucial role in shaping labour laws and regulations in Germany. It has the authority to interpret and apply existing laws, as well as make new decisions that can have a significant impact on the labour market.

In 2018, the Federal Labour Court ruled in the case of "Bundesverband der Deutschen Luftverkehrswirtschaft e.V. v. Flugplan GmbH" that an employer's unilateral change to an employee's working hours was not justified. This decision highlights the court's emphasis on protecting employees' rights.

Employers must now carefully consider the potential consequences of making changes to employees' working hours, and ensure that any changes are reasonable and justified. This can help prevent disputes and protect employees from unfair treatment.

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The Federal Labour Court's decisions often have a significant impact on employment law and practice. Its rulings can influence the way employers and employees interact, and shape the overall labour market landscape.

In the case of "Bundesverband der Deutschen Luftverkehrswirtschaft e.V. v. Flugplan GmbH", the court's decision was based on the principle of "good faith" in employment contracts. This principle emphasizes the importance of fair and reasonable treatment of employees.

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The Federal Labour Court has a rich history that dates back to the post-World War II era. The Basic Law, which came into force in 1949, provided for labor jurisdiction as an independent branch of the legal system.

In 1953, the Labor Court Act was implemented, establishing the Federal Labour Court and giving it its own supreme court. This marked a significant milestone in the separation of labor jurisdiction from ordinary jurisdiction.

The court began its judicial activities in Kassel in April 1954, and has since undergone a relocation to Erfurt in 1999.

In Germany, employment jurisdiction is governed by specific laws and procedures. Labour courts have exclusive jurisdiction in cases covered by the Labour Court Act.

There are two types of labour court procedures: "Urteil" and "Beschluss". "Urteil" procedures are used in disputes between employees and employers arising from an existent employment relationship, its conclusion or its termination.

The "Urteil" procedure follows the principle of party presentation, where the parties are responsible for providing the court with necessary information and evidence. This is similar to civil procedures in general.

Labour court "Urteil" procedures are significant in the following areas: protection against unfair dismissal, control of validity of fixed-term agreements, avoidance of termination agreements, claims to remuneration, bonus payments, vacation, vacation remuneration and allowance, granting and correction of letters of reference, granting of employment papers, removal of warnings, company pensions, and covenants of non-competition: compensation for damage, compensation for restraint of competition.

The "Beschluss" procedure is used for matters concerning the Works Constitution Act, the Senior Management Representatives Committee Act, and different Workers’ Participation Acts. This procedure follows the principle of official investigation, where the court is responsible for establishing the facts of the case.

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Here are some key areas where labour court "Urteil" procedures are used:

The history of labor jurisdiction in Germany is quite fascinating. Labor jurisdiction wasn't completely separated from ordinary jurisdiction until after World War II.

The Basic Law, which came into force in 1949, provided for labor jurisdiction as an independent branch of the legal system with its own supreme court. This constitutional provision was implemented by the Labor Court Act, which established the Federal Labor Court in 1953.

The Federal Labor Court began its judicial activities in Kassel in April 1954. The court was later relocated to Thuringia in 1999, and it's now based on the site of the former hornworks of the Petersberg citadel in Erfurt.

Here are some key dates in the history of the Federal Labor Court: