On May 15, 2013, the Federal Labor Court (BAG) issued a last-instance ruling rejecting the complaint of an executive whose contract didn’t provide for clear-cut working hours. She had pressed charges against her company, RWE, which had cut her salary because her actual working time was much lower than the average working time of the rest of the staff. In 2011 alone, she worked an average of 5.5 hours per week. In total, she “lost” 700 hours. (Ref. 130329)
Employees who don’t comply with the average working time in practice in the company can be paid partially less, even if their contract doesn’t provide for specific working hours. This is what came out of the ruling (Az: 10 AZR 325/12) rendered by the Federal Labor Court on May 15, rejecting a complaint filed by a 44 year-old executive who worked for RWE, the power company. She had pressed charges against her employer for cutting €7,000 off her annual salary (€95,000). Indeed, the company...
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