Employee status and reversal.
(BAG, judgment of 26.06.2019, 5 AZR 178/18)
If a supposedly freelancing relationship subsequently presents itself as an employment relationship, it cannot generally be assumed, that the amount of the remuneration agreed for freelance work has also been agreed for employment as an employee.
Receipt of a notice of termination by putting it into a house mailbox.
(BAG, judgment of 22.08.2019, 2 AZR 111/19)
The letter of termination thrown into a house mailbox is sent to the recipient as soon as the next withdrawal is to be expected according to generally accepted standards.
In this context, the individual circumstances of the recipient are not to be taken into account; rather, in the interest of legal certainty, a generalising view is required.
Judicial dissolution of a works council.
(Labor Court Solingen, judgment of 04.010.2019, 1 BV 27/18)
A works council that refuses to cooperate with personnel management, makes inaccurate statements about the employer and initiates legal proceedings against the employer in an abusive manner grossly violates its legal obligations.
In such a case, a trusting cooperation between the works council and the employer can not be expected in the future either.
