Several key decisions from Germany’s Federal Labour Court (BAG) in 2025 are poised to impact workers’ rights and legal interpretations. These rulings, often informed by European Court of Justice (EuGH) precedents, cover issues ranging from equal pay and overtime compensation to the validity of sick leave certificates and digital access rights.
European Influence on German Labor Law
The BAG in Erfurt consistently considers the perspective of the EuGH in Luxembourg. The court actively seeks the EuGH’s input on matters of European law through preliminary rulings. This year, significant cases before the EuGH involved mass layoffs, compensation related to data privacy violations under the GDPR (“Brillen Rottler”), and the dismissal of a Caritas employee following her church resignation. Decisions in these cases are pending, but generally align with the EuGH’s initial conclusions.
The Federal Constitutional Court (BVerfG) also weighed in on matters of labor law, including overtime pay for part-time employees, and has overturned previous BAG decisions, as seen in cases involving a hospital chief physician.
Key Ruling: Validity of Foreign Sick Leave
One of the most important rulings of the year concerned the evidentiary value of sick leave certificates issued outside of Germany. The BAG ruled that a foreign-issued certificate is equivalent to a domestic one, meaning employees who become ill while on vacation are entitled to continued pay. However, the court emphasized that the overall circumstances of the case can impact the certificate’s validity.
A specific case involved an employee who traveled back to Germany from Tunisia despite a doctor’s recommendation for strict bed rest due to severe sciatica. While the certificate itself is valid, the employer can present evidence to challenge its validity based on the employee’s actions. The BAG sent the case back to the Munich Labour Court for further review in March.
Changes at the Federal Labour Court
The BAG will be operating with a reduced number of judges in the future. Four positions have become vacant, with only three being filled. Dr. Rüdiger Linck, Dr. Josef Biebl, and Prof. Dr. Ulrich Koch have retired, and Professor Dr. Günter Spinner, the former chairman of the Eighth Senate, has transitioned to the Federal Constitutional Court.
Frequently Asked Questions
What happens if I get sick while on vacation abroad?
According to the BAG, you are entitled to continued pay, as a foreign-issued sick leave certificate carries the same weight as one issued in Germany.
Can my employer dispute a valid sick leave certificate?
Yes, your employer can present evidence to challenge the certificate’s validity based on the overall circumstances of your case.
Is the BAG influenced by European law?
Yes, the BAG actively considers the perspective of the European Court of Justice and often seeks its input on matters of European law.
How might these rulings shape the future of labor law in Germany and beyond?
